“TEXT OF AMENDMENTS” published by the Congressional Record in the Senate section on Oct. 28

Volume 167, No. 190 covering the 1st Session of the 117th Congress (2021 - 2022) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the in the Senate section section on pages S7469-S7520 on Oct. 28.

The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 3941. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XXVII, add the following:

SEC. 2703. PROHIBITION ON CLOSING OR REALIGNMENT OF MARINE

CORPS RECRUIT DEPOT LOCATED AT PARRIS ISLAND,

SOUTH CAROLINA.

(a) Findings.--Congress finds the following:

(1) The Marine Corps Recruit Depot located at Parris Island, South Carolina (in this subsection referred to as

``Parris Island''), has served the United States as a home to the Marine Corps since 1891.

(2) Parris Island was the first facility to integrate women in boot camp training for the Marine Corps in the United States.

(3) Female recruits have trained at Parris Island since 1949.

(4) The first integrated company of male and female recruits graduated from Parris Island in 2019.

(5) Parris Island has cultivated a legacy of excellence and faithful service to the United States.

(6) Parris Island is and shall remain the physical home of the Eastern Recruiting Region for the Marine Corps.

(b) Prohibition.--No Federal funds may be used to close or realign Marine Corps Recruit Depot, Parris Island, South Carolina, or to conduct any planning or other activity related to such closure or realignment.

______

SA 3942. Mr. GRAHAM (for himself, Mr. Tuberville, Mr. Leahy, Mr. Scott of South Carolina, Ms. Baldwin, Mr. Wyden, Mr. Young, Mr. Thune, and Mr. Johnson) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 145.

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SA 3943. Mr. HEINRICH (for himself and Mr. Portman) submitted an amendment intended to be proposed by him to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title IX, add the following:

SEC. 906. CHIEF DIGITAL RECRUITING OFFICER.

(a) In General.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall designate a chief digital recruiting officer within the office of the Under Secretary of Defense for Personnel and Readiness to carry out the responsibilities set forth in subsection (b).

(b) Responsibilities.--The chief digital recruiting officer shall be responsible for--

(1) identifying Department of Defense needs for, and skills gaps in, specific types of civilian digital talent;

(2) recruiting individuals with the skills that meet the needs and skills gaps identified under paragraph (1), in partnership with the military departments and the components of the Department of Defense, including by attending conferences and career fairs and actively recruiting on university campuses and from the private sector;

(3) ensuring Federal scholarship for service programs are incorporated into civilian recruiting strategies;

(4) when appropriate and within authority granted under other Federal law, offering recruitment and referral bonuses; and

(5) partnering with human resource teams in the military departments and the components of the Department of Defense to help train all Department of Defense human resources staff on the available hiring flexibilities to accelerate the hiring of individuals with the skills that fill the needs and skills gaps identified under paragraph (1).

(c) Resources.--The Secretary of Defense shall ensure that the chief digital recruiting officer is provided with personnel and resources sufficient to carry out the duties set forth in subsection (b).

(d) Role of Chief Human Capital Officer.--

(1) In general.--The chief digital recruiting officer shall report directly to the Chief Human Capital Officer of the Department of Defense.

(2) Incorporation.--The Chief Human Capital Officer shall ensure that the chief digital recruiting officer is incorporated into the human capital operating plan and recruitment strategy of the Department of Defense. In carrying out this paragraph, the Chief Human Capital Officer shall ensure that the chief digital recruiting officer's responsibilities are deconflicted with any other recruitment initiatives and programs.

(e) Digital Talent Defined.--In this section, the term

``digital talent'' includes positions and capabilities in, or related to--

(1) software development, engineering, and product management;

(2) data science;

(3) artificial intelligence;

(4) distributed ledger technologies;

(5) autonomy;

(6) data management;

(7) product and user experience design; and

(8) cybersecurity.

______

SA 3944. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 511.

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SA 3945. Mr. DURBIN (for himself, Mr. Grassley, and Mrs. Feinstein) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 1236 and insert the following:

SEC. 1236. SENSE OF SENATE ON CONTINUING SUPPORT FOR ESTONIA,

LATVIA, AND LITHUANIA.

It is the sense of the Senate that--

(1) the security of the Baltic region is crucial to the security of the North Atlantic Treaty Organization alliance, and the United States should continue to prioritize support for efforts by the Baltic states of Estonia, Latvia, and Lithuania to build and invest in critical security areas, as such efforts are important to achieving United States national security objectives, including deterring Russian aggression and bolstering the security of North Atlantic Treaty Organization allies;

(2) robust support to accomplish United States strategic objectives, including by providing assistance to the Baltic countries through security cooperation referred to as the Baltic Security Initiative pursuant to sections 332 and 333 of title 10, United States Code, should be prioritized in the years to come;

(3) Estonia, Latvia, and Lithuania play a crucial role in strategic efforts--

(A) to deter the Russian Federation; and

(B) to maintain the collective security of the North Atlantic Treaty Organization alliance;

(4) the United States should continue to pursue efforts consistent with the comprehensive, multilateral assessment of the military requirements of Estonia, Latvia, and Lithuania provided to Congress in December 2020;

(5) the Baltic security cooperation roadmap has proven to be a successful model to enhance intraregional Baltic planning and cooperation, particularly with respect to longer-term regional capability projects, including--

(A) integrated air defense;

(B) maritime domain awareness;

(D) Special Operations Forces development;

(6) Estonia, Latvia, and Lithuania are to be commended for their efforts to pursue joint procurement of select defense capabilities and should explore additional areas for joint collaboration; and

(7) the Department of Defense should--

(A) continue robust, comprehensive investment in Baltic security efforts consistent with the assessment described in paragraph (4);

(B) continue efforts to enhance interoperability among Estonia, Latvia, and Lithuania and in support of North Atlantic Treaty Organization efforts;

(C) encourage infrastructure and other host-country support improvements that will enhance United States and allied military mobility across the region;

(D) invest in efforts to improve resilience to hybrid threats and cyber defenses in Estonia, Latvia, and Lithuania; and

(E) support planning and budgeting efforts of Estonia, Latvia, and Lithuania that are regionally synchronized.

______

SA 3946. Mr. CARDIN (for himself and Ms. Hirono) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REAUTHORIZATION OF SBIR AND STTR PROGRAMS.

(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended by striking ``September 30, 2022'' and inserting ``September 30, 2023''.

(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended by striking ``2022'' and inserting ``2023''.

______

SA 3947. Mr. SCOTT of South Carolina (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. 10__. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON

USE OF ALTERNATIVE CREDIT SCORING INFORMATION

OR CREDIT SCORING MODELS.

(a) Pilot Program Required.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program that will assess the feasibility and advisability of--

(A) using alternative credit scoring information or credit scoring models using alternative credit scoring methodology for an individual described in paragraph (2)--

(i) to improve the determination of creditworthiness of such an individual; and

(ii) to increase the number of such individuals who are able to obtain a loan guaranteed or insured under chapter 37 of title 38, United States Code; and

(B) in consultation with such entities as the Secretary considers appropriate, establishing criteria for acceptable commercially available credit scoring models to be used by lenders for the purpose of guaranteeing or insuring a loan under chapter 37 of title 38, United State Code.

(2) Individual described.--An individual described in this paragraph is a veteran or a member of the Armed Forces who--

(A) is eligible for a loan under chapter 37 of title 38, United States Code; and

(B) has an insufficient credit history for a lender or the Secretary to determine the creditworthiness of the individual.

(3) Alternative credit scoring information.--Alternative credit scoring information described in paragraph (1)(A) may include proof of rent, utility, and insurance payment histories, and such other information as the Secretary considers appropriate.

(b) Voluntary Participation.--

(1) In general.--The Secretary shall ensure that any participation in the pilot program is voluntary on an opt-in basis for a lender, a borrower, and an individual described in subsection (a)(2).

(2) Notice of participation.--Subject to paragraph (3), any lender who participates in the pilot program shall--

(A) notify each individual described in subsection (a)(2) who, during the pilot program, applies for a loan under chapter 37 of title 38, United States Code, from such lender, of the lender's participation in the pilot program; and

(B) offer such individual the opportunity to participate in the pilot program.

(3) Limitation.--

(A) In general.--The Secretary may establish a limitation on the number of individuals and lenders that may participate in the pilot program.

(B) Report.--If the Secretary limits participation in the pilot program under subparagraph (A), the Secretary shall, not later than 15 days after establishing such limitation, submit to Congress a report setting forth the reasons for establishing such limitation.

(1) In general.--A lender participating in the pilot program may not use a credit scoring model under subsection

(a)(1)(A) until the Secretary has reviewed and approved such credit scoring model for purposes of the pilot program.

(2) Publication of criteria.--The Secretary shall publish in the Federal Register any criteria established under subsection (a)(1)(B) for acceptable commercially available credit scoring models that use alternative credit scoring information described in subsection (a)(1)(A) to be used for purposes of the pilot program.

(3) Considerations; approval of certain models.--In selecting credit scoring models to approve under this section, the Secretary shall --

(A) consider the criteria for credit score assessments under section 1254.7 of title 12, Code of Federal Regulations; and

(B) approve any commercially available credit scoring model that has been approved pursuant to section 302(b)(7) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(7)) or section 305(d) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454)(d)).

(d) Outreach.--To the extent practicable, the Secretary shall conduct outreach to lenders and individuals described in subsection (a)(2) to inform such persons of the pilot program.

(e) Report.--

(1) In general.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program.

(2) Contents.--The report submitted under paragraph (1) shall include the following:

(A) The findings of the Secretary with respect to the feasibility and advisability of using alternative credit scoring information or credit scoring models using alternative credit scoring methodology for individuals described in subsection (a)(2).

(B) A description of the efforts of the Secretary to assess the feasibility and advisability of using alternative credit scoring information or credit scoring models as described in subparagraph (A).

(i) The rate of participation in the pilot program.

(ii) An assessment of whether participants in the pilot program benefitted from such participation.

(D) An assessment of the effect of the pilot program on the subsidy rate for loans guaranteed or insured by the Secretary under chapter 37 of title 38, United States Code.

(E) Such other information as the Secretary considers appropriate.

(f) Termination.--

(1) In general.--The Secretary shall complete the pilot program required by subsection (a)(1) not later than September 30, 2025.

(2) Effect on loans and applications.--The termination of the pilot program under paragraph (1) shall not affect a loan guaranteed, or for which loan applications have been received by a participating lender, on or before the date of the completion of the pilot program.

(g) Insufficient Credit History Defined.--In this section, the term ``insufficient credit history'', with respect to an individual described in subsection (a)(2), means that the individual does not have a credit record with one of the national credit reporting agencies or such credit record contains insufficient credit information to assess creditworthiness.

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SA 3948. Mr. PORTMAN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

SEC. 576. MILITARY TRAINING ON EMERGING TECHNOLOGIES.

(a) Integrating Digital Skill Sets and Computational Thinking Into Military Junior Leader Education.--Not later than 270 days after the date of the enactment of this Act, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps shall expand the curriculum for military junior leader education to incorporate appropriate training material related to problem definition and curation, a conceptual understanding of the artificial intelligence lifecycle, data collection and management, probabilistic reasoning and data visualization, and data-informed decisionmaking. Whenever possible, the new training and education should include the use of existing artificial intelligence-enabled systems and tools.

(b) Integration of Material on Emerging Technologies Into Professional Military Education.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Joint Chiefs of Staff, shall ensure that the curriculum for professional military education is revised in each of the military services to incorporate periodic courses on militarily significant emerging technologies that increasingly build the knowledge base, vocabulary, and skills necessary to intelligently analyze and utilize emerging technologies in the tactical, operational, and strategic levels of warfighting and warfighting support.

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the military services--

(A) code appropriate billets to be filled by emerging technology-qualified officers; and

(B) develop a process for officers to become qualified in emerging technologies.

(2) Appropriate positions.--Emerging technology-coded positions may include, as appropriate--

(A) positions responsible for assisting with acquisition of emerging technologies;

(B) positions responsible for helping integrate technology into field units;

(D) positions responsible for developing training and education plans; and

(E) leadership positions at the operational and tactical levels within the military services.

(3) Qualification process.--The process for qualifying officers for emerging technology-coded billets shall be modeled on a streamlined version of the joint qualification process and may include credit for serving in emerging technology focused fellowships, emerging technology focused talent exchanges, emerging technology focused positions within government, and educational courses focused on emerging technologies.

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SA 3949. Mr. PORTMAN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SUPPORT FOR INDUSTRY PARTICIPATION IN INTERNATIONAL

STANDARDS ORGANIZATIONS.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration.

(2) Artificial intelligence.--The term ``artificial intelligence'' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note).

(3) Covered entity.--The term ``covered entity'' means a small business concern that is incorporated and maintains a primary place of business in the United States.

(4) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

(b) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to support participation by covered entities in meetings and proceedings of standards development organizations in the development of voluntary technical standards.

(c) Activities.--In carrying out the program established under subsection (b), the Administrator shall award competitive, merit-reviewed grants to covered entities to cover the reasonable costs, up to a specified ceiling, of participation of employees of those covered entities in meetings and proceedings of standards development organizations, including--

(1) regularly attending meetings;

(2) contributing expertise and research;

(3) proposing new work items; and

(4) volunteering for leadership roles such as a convener or editor.

(d) Award Criteria.--The Administrator may only provide a grant under this section to a covered entity that--

(1) demonstrates deep technical expertise in key emerging technologies and technical standards, including artificial intelligence and related technologies;

(2) commits personnel with such expertise to regular participation in international bodies responsible for developing standards for such technologies over the period of the grant; and

(3) agrees to participate in efforts to coordinate between the Federal Government and industry to ensure protection of national security interests in the setting of international standards.

(e) No Matching Contribution.--A recipient of an award under this section shall not be required to provide a matching contribution.

(f) Evaluation.--In making awards under this section, the Administrator shall coordinate with the Director of the National Institute of Standards and Technology, who shall provide support in the assessment of technical expertise in emerging technologies and standards setting needs.

(g) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter $1,000,000 to carry out the program established under this section.

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SA 3950. Mr. WICKER (for himself, Mr. Warnock, Ms. Duckworth, Mr. Toomey, Mrs. Capito, Mr. Scott of South Carolina, Mr. Casey, and Mr. Booker) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X of division A, add the following:

SEC. 10__. WILLIAM T. COLEMAN, JR., FEDERAL BUILDING

DESIGNATION.

(a) In General.--The headquarters building of the Department of Transportation located at 1200 New Jersey Avenue, SE, in Washington, DC, shall be known and designated as the ``William T. Coleman, Jr., Federal Building''.

(b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection (a) shall be deemed to be a reference to the ``William T. Coleman, Jr., Federal Building''.

______

SA 3951. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 853 and insert the following:

SEC. 853. DETERMINATION WITH RESPECT TO OPTICAL FIBER FOR

DEPARTMENT OF DEFENSE PURPOSES.

(a) Determination.--

(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall review access, metro, and long-haul passive optical fiber and optical fiber cable that is manufactured or produced by an entity owned or controlled by the People's Republic of China for potential inclusion on the list of covered communications equipment pursuant to section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601).

(2) Applicability.--If the Secretary of Defense makes a determination that any such optical fiber or optical fiber cable would pose an unacceptable risk to the national security of the United States or the security and safety of United States persons and should be included on the list, any such inclusion shall apply to such optical fiber or optical fiber cable deployed after such determination.

(b) Notification Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees of the findings of the review and determination required under subsection (a).

(1) The term ``access'' means optical fiber and optical fiber cable that connects subscribers (residential and business) and radio sites to a service provider.

(2) The term ``long haul'' means optical fiber and optical fiber cable that connects cities and metropolitan areas.

(3) The term ``metro'' means optical fiber and optical fiber cable that connects city business districts and central city and suburban areas.

(4) The term ``passive'' means unpowered optical fiber and optical fiber cable.

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SA 3952. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

SEC. __. PROHIBITION ON OPERATION OR PROCUREMENT OF CERTAIN

FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.

(a) Prohibition on Agency Operation or Procurement.--Except as provided in subsection (b) and subsection (c)(3), the Secretary of Defense and the Secretary of Homeland Security may not operate, provide financial assistance for, or enter into or renew a contract for the procurement of--

(1) an unmanned aircraft system (referred to in this section as ``UAS'') that--

(A) is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(C) uses a ground control system or operating software developed in a covered foreign country or by a corporation domiciled in a covered foreign country; or

(D) uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country;

(2) a software operating system associated with a UAS that uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country; or

(3) a system for the detection or identification of a UAS, which system is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country.

(b) Waiver.--

(1) In general.--The Secretary of Defense or the Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary submits a written certification described in paragraph (2) to--

(A) in the case of the Secretary of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and

(B) in the case of the Secretary of Homeland Security, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

(2) Contents.--A certification described in this paragraph shall certify that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS described in any of subparagraphs (A) through (C) of subsection (a)(1) that is the subject of a waiver under paragraph (1) is required--

(A) in the national interest of the United States;

(B) for counter-UAS surrogate research, testing, development, evaluation, or training; or

(3) Notice.--The certification described in paragraph (1) shall be submitted to the Committees specified in such paragraph by not later than the date that is 14 days after the date on which a waiver is issued under such paragraph.

(1) In general.--This Act shall take effect on the date that is 120 days after the date of the enactment of this Act.

(2) Waiver process.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall each establish a process by which the head of an office or component of the Department of Defense or Department of Homeland Security, respectively, may request a waiver under subsection (b).

(3) Exception.--Notwithstanding the prohibition under subsection (a), the head of an office or component of the Department of Defense or Department of Homeland Security may continue to operate a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS described in any of subparagraphs (1) through (3) of subsection (a) that was in the inventory of such office or component on the day before the effective date of this Act until, the later of--

(A) the date on which the Secretary of Defense or Secretary of Homeland Security, as the case may be

(i) grants a waiver relating thereto under subsection (b); or

(ii) declines to grant such a waiver, or

(B) 1 year after the date of the enactment of this Act.

(d) Drone Origin Security Report to Congress.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall each submit to the congressional committees described in paragraph (2) a terrorism threat assessment and report that contains information relating to the following:

(A) The extent to which the Department of Defense or Department of Homeland Security, as the case may be, has previously analyzed the threat that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country operating in the United States poses, and the results of such analysis.

(B) The number of UAS, software operating systems associated with a UAS, or systems for the detection or identification of a UAS from a covered foreign country in operation by the Department of Defense or Department of Homeland Security, as the case may be, including an identification of the component or office of the Department at issue, as of such date.

(C) The extent to which information gathered by such a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country could be employed to harm the national or economic security of the United States.

(2) Committees described.--The congressional committees described in this paragraph are--

(A) in the case of the Secretary of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and

(e) Definitions.--In this section:

(1) Covered foreign country.--The term ``covered foreign country'' means a country that--

(A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or

(B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment.

(2) Intelligence community.--The term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(3) Unmanned aircraft system; uas.--The terms ``unmanned aircraft system'' and ``UAS'' have the meaning given the term

``unmanned aircraft system'' in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 44802 note).

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SA 3953. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1064. PROHIBITION ON THE USE OF THE DIGITAL YUAN.

(a) Definitions.--In this section--

(1) the term ``digital yuan'' means the digital currency of the People's Bank of China, or any successor digital currency of the People's Republic of China;

(2) the term ``executive agency'' has the meaning given that term in section 133 of title 41, United States Code; and

(3) the term ``information technology'' has the meaning given that term in section 11101 of title 40, United States Code.

(b) Prohibition on the Use of Digital Yuan.--

(1) In general.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intelligence, and the Secretary of Defense, and consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code, shall develop standards and guidelines for executive agencies requiring the removal of any digital yuan from information technology.

(2) National security and research exceptions.--The standards and guidelines developed under paragraph (1) shall include--

(A) exceptions for law enforcement activities, national security interests and activities, and security researchers; and

(B) for any authorized use of digital yuan under an exception, requirements for agencies to develop and document risk mitigation actions for such use.

______

SA 3954. Mrs. BLACKBURN (for herself and Mr. Lujan) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ____. STUDY ON NATIONAL LABORATORY CONSORTIUM FOR CYBER

RESILIENCE.

(a) Study Required.--The Secretary of Homeland Security shall, in coordination with the Secretary of Energy and the Secretary of Defense, conduct a study to analyze the feasibility of authorizing a consortia within the National Laboratory system to address information technology and operational technology cybersecurity vulnerabilities in critical infrastructure (as defined in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).

(b) Elements.--The study required under subsection (a) shall include the following:

(1) An analysis of any additional authorities needed to establish a research and development program to leverage the expertise at the Department of Energy National Laboratories to accelerate development and delivery of advanced tools and techniques to defend critical infrastructure against cyber intrusions and enable resilient operations during a cyber attack.

(2) Evaluation of potential pilot programs in research, innovation transfer, academic partnerships, and industry partnerships for critical infrastructure protection research.

(3) Identification of and assessment of near-term actions, and cost estimates, necessary for the proposed consortia to be established and effective at a broad scale expeditiously.

(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study conducted under subsection (a).

(2) Form.--The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(3) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means--

(A) Committee on Armed Services, the Committee Energy and Natural Resources, and the Committee on Homeland Security and Government Affairs of the Senate; and

(B) the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives.

______

SA 3955. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XXXI, add the following:

SEC. 3157. LIMITATION ON USE OF FUNDS FOR NATIONAL NUCLEAR

SECURITY ADMINISTRATION FACILITY-DIRECTED

RESEARCH AND DEVELOPMENT.

(a) In General.--Subtitle B of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2791 et seq.) is amended by adding at the end the following new section:

``SEC. 4815. LIMITATION ON USE OF FUNDS FOR NATIONAL NUCLEAR

SECURITY ADMINISTRATION FACILITY-DIRECTED

RESEARCH AND DEVELOPMENT.

``(a) Authorization.--The Administrator may authorize the director of each covered nuclear weapons production facility to allocate not more than 5 percent of amounts made available to the facility for a fiscal year pursuant to a DOE national security authorization (as defined in section 4701) to engage in research, development, and demonstration activities in order to maintain and enhance the engineering and manufacturing capabilities at the facility.

``(b) Definition.--In this section, the term `covered nuclear weapons production facility' means the following:

``(1) The Kansas City National Security Campus, Kansas City, Missouri, as well as related satellite locations.

``(2) The Y-12 National Security Complex, Oak Ridge, Tennessee.

``(3) The Pantex Plant, Amarillo, Texas.

``(4) The Savannah River Site, Aiken, South Carolina.''.

(b) Clerical Amendment.--The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4814 the following new item:

``Sec. 4815. Limitation on use of funds for National Nuclear Security

Administration facility-directed research and development.''.

______

SA 3956. Mr. BENNET (for himself and Mrs. Feinstein) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title V, insert the following:

SEC. __. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD

PROGRAM.

The Secretary of Defense shall continue to support the FireGuard program with National Guard personnel to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires until September 30, 2026. After such date, the Secretary may not reduce such support, or transfer responsibility for such support to an interagency partner, until 30 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives written notice of such proposed change, and reasons for such change.

______

SA 3957. Mr. CARPER (for himself, Mr. Merkley, and Ms. Duckworth) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XI, add the following:

Subtitle B--PLUM Act

SEC. 1121. SHORT TITLE.

This subtitle may be cited as the ``Periodically Listing Updates to Management Act'' or the ``PLUM Act''.

SEC. 1122. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT

POLICY AND SUPPORTING POSITIONS.

(a) Establishment.--

(1) In general.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following:

``Sec. 3330f. Government policy and supporting position data

``(a) Definitions.--In this section:

``(1) Agency.--The term `agency' means--

``(A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission;

``(B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and

``(C) the Executive Office of the President and any component within such Office (including any successor component), including--

``(i) the Council of Economic Advisors;

``(ii) the Council on Environmental Quality;

``(iii) the National Security Council;

``(iv) the Office of the Vice President;

``(v) the Office of Policy Development;

``(vi) the Office of Administration;

``(vii) the Office of Management and Budget;

``(viii) the Office of the United States Trade Representative;

``(ix) the Office of Science and Technology Policy;

``(x) the Office of National Drug Control Policy; and

``(xi) the White House Office, including the White House Office of Presidential Personnel.

``(2) Appointee.--The term `appointee'--

``(A) means an individual serving in a policy and supporting position; and

``(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with--

``(i) sections 3345 through 3349d (commonly referred to as the `Federal Vacancies Reform Act of 1998');

``(ii) any other statutory provision described in section 3347(a)(1); or

``(iii) a Presidential appointment described in section 3347(a)(2).

``(3) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b).

``(4) Director.--The term `Director' means the Director of the Office of Personnel Management.

``(5) Policy and supporting position.--The term `policy and supporting position' means--

``(A) a position that requires appointment by the President, by and with the advice and consent of the Senate;

``(B) a position that requires or permits appointment by the President or Vice President, without the advice and consent of the Senate;

``(C) a position occupied by a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5),

(6), and (7), respectively, of section 3132(a);

``(D) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation;

``(E) a position in the Senior Foreign Service;

``(F) any career position at an agency that, but for this section and section 1122(b)(3) of the PLUM Act, would be included in the publication entitled `United States Government Policy and Supporting Positions', commonly referred to as the `Plum Book'; and

``(G) any other position classified at or above level GS-14 of the General Schedule (or equivalent) that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties.

``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall establish, and thereafter maintain, a public website containing the following information for the President then in office and for each subsequent President:

``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant.

``(2) The name of each individual who--

``(A) is serving in a position described in paragraph (1); or

``(B) previously served in a position described in such paragraph under the applicable President.

``(3) Information on--

``(A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3132 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and

``(B) the total number of individuals occupying such positions.

``(c) Contents.--With respect to any policy and supporting position listed on the covered website, the Director shall include--

``(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located;

``(2) the name of the position;

``(3) the name of the individual occupying such position

(if any);

``(4) the geographic location of the position, including the city, State or province, and country;

``(5) the pay system under which the position is paid;

``(6) the level, grade, or rate of pay;

``(7) the term or duration of the appointment (if any);

``(8) the expiration date, in the case of a time-limited appointment;

``(9) a unique identifier for each appointee to enable tracking such appointee across positions;

``(10) whether the position is vacant; and

``(11) for any position that is vacant--

``(A) for a position for which appointment is required to be made by the President by and with the advice and consent of the Senate, the name of the acting official; and

``(B) for other positions, the name of the official performing the duties of the vacant position.

``(d) Current Data.--For each agency, the Director shall indicate in the information on the covered website the date that the agency last updated the data.

``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44.

``(f) Authority of Director.--

``(1) Information required.--Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded under paragraph (4).

``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including--

``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable;

``(B) data quality assurance methods; and

``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4).

``(3) Public accountability.--The Director shall identify on the covered website any agency that has failed to provide--

``(A) the information required by the Director;

``(B) complete, accurate, and reliable information; or

``(C) the information during the timeframe specified by the Director.

``(4) Monthly updates.--

``(A) In general.--Not later than 90 days after the date on which the covered website is established, and not less than once during each 30-day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on--

``(i) the policy and supporting positions in the agency;

``(ii) the appointees occupying such positions in the agency; and

``(iii) the former appointees who served in such positions in the agency under the President then in office.

``(B) Supplement not supplant.--Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under such subparagraph.

``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than 1 full-time employee, to assist any agency with implementing this section.

``(6) Coordination.--The Director may designate 1 or more agencies to participate in the development, establishment, operation, and support of the covered website. With respect to any such designation, the Director may specify the scope of the responsibilities of the agency so designated.

``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director.

``(8) Regulations.--The Director may prescribe regulations necessary for the administration of this section.

``(g) Responsibility of Agencies.--

``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this section, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2).

``(2) Ensuring completeness, accuracy, and reliability.--With respect to any submission of information described in paragraph (1), the head of an agency shall include--

``(A) an explanation of how the agency ensured the information is complete, accurate, and reliable; and

``(B) a certification that such information is complete, accurate, and reliable.

``(h) Information Verification.--

``(1) Semiannual confirmation.--

``(A) In general.--Not less frequently than semiannually, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date.

``(B) Certification.--On the date on which the Director makes a confirmation under subparagraph (A), the Director shall publish on the covered website a certification that the confirmation has been made.

``(2) Authority of director.--In carrying out paragraph

(1), the Director may--

``(A) request additional information from an agency; and

``(B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification.

``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website.

``(i) Data Archiving.--

``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration.

``(2) Public availability.--The Director shall make the data described in paragraph (1) publicly available over the internet--

``(A) on, or through a link on, the covered website;

``(B) at no cost; and

``(C) in a searchable, sortable, downloadable, and machine-readable format.

``(j) Reports.--

``(1) In general.--Not later than 1 year after the covered website is established, and every year thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that--

``(A) contains summary level information on the demographics of each appointee;

``(B) provide the information in a structured data format that--

``(i) is searchable, sortable, and downloadable;

``(ii) makes use of common identifiers wherever possible; and

``(iii) contains current and historical data regarding such information.

``(2) Contents.--

``(A) In general.--Each report published under paragraph

(1) shall--

``(i) include self-identified data with respect to each type of appointee on race, ethnicity, tribal affiliation, gender, disability, sexual orientation, veteran status, and whether the appointee is over the age of 40; and

``(ii) allow for users of the covered website to view the type of appointee by agency or component, along with the data described in clause (i), alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees.

``(B) Option to not specify.--When collecting each category of data described in subparagraph (A)(i), each appointee shall be allowed an option to not specify with respect to any such category.

``(C) Consultation.--The Director shall consult with the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives regarding reports published under this subsection and the information in such reports to determine whether the intent of this section is being fulfilled and if additional information or other changes are needed for such reports.

``(3) Exclusion of career positions.--For purposes of applying the term `appointee' in this subsection, such term does not include any individual appointed to a position described in subsection (a)(5)(F).''.

(2) Clerical amendment.--The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following:

``3330f. Government policy and supporting position data.''.

(b) Other Matters.--

(1) Definitions.--In this subsection, the terms ``agency'',

``covered website'', ``Director'', and ``policy and supporting position'' have the meanings given those terms in section 3330f(b) of title 5, United States Code, as added by subsection (a).

(2) GAO review and report.--Not later than 1 year after the date on which the Director establishes the covered website, the Comptroller General shall conduct a review, and issue a briefing or report, on the implementation of this subtitle and the amendments made by this subtitle, which shall include--

(A) the quality of data required to be collected and whether the data is complete, accurate, timely, and reliable;

(B) any challenges experienced by agencies in implementing this subtitle and the amendments made by this subtitle; and

(C) any suggestions or modifications to enhance compliance with this subtitle and the amendments made by this subtitle, including best practices for agencies to follow.

(3) Sunset of plum book.--Beginning on January 1, 2024--

(A) the covered website shall serve as the public directory for policy and supporting positions in the Government; and

(B) the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

______

SA 3958. Mr. PORTMAN (for himself and Mrs. Shaheen) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XV, insert the following:

SEC. ___. REPORT ON UKRAINIAN CAPABILITIES TO COUNTER AIR

BASED THREATS.

(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report on the capabilities of Ukraine to counter air based threats.

(b) Contents.--The report submitted under subsection (a) shall include the following:

(1) An assessment of the risk to the armed forces of Ukraine posed by aerial threats, including current threats from weaponized unmanned aerial vehicles and missile and rocket attacks.

(2) Current defensive capabilities of Ukraine to counter the threats described in paragraph (1) and assessed gaps in capabilities to address such threats.

(3) Current efforts to build the defensive capabilities of Ukraine, an assessment of potential options for additional United States security assistance to address shortfalls identified in subparagraph (2), and any considerations with regard to absorption capacity, maintenance, and sustainment.

(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

______

SA 3959. Mr. BOOZMAN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 744. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS

OF THE ARMED FORCES SERVING ON ACTIVE DUTY.

(a) Study.--The Secretary of Defense shall conduct a study on the incidence of breast cancer among members of the Armed Forces serving on active duty.

(b) Elements.--The study under subsection (a) shall include the following:

(1) A determination of the number of members of the Armed Forces who served on active duty at any time during the period beginning on January 1, 2011, and ending on the date of the enactment of this Act who were diagnosed with breast cancer during such period.

(2) A determination of demographic information regarding such members, including race, ethnicity, sex, age, military occupational specialty, and rank.

(3) A comparison of the rates of members of the Armed Forces serving on active duty who have breast cancer to civilian populations with comparable demographic characteristics.

(4) An identification of potential factors associated with service in the Armed Forces that could increase the risk of breast cancer for members of the Armed Forces serving on active duty.

(5) An identification of overseas locations associated with airborne hazards, such as burn pits, and members of the Armed Forces diagnosed with breast cancer.

(6) An assessment of the effectiveness of outreach by the Department of Defense to members of the Armed Forces to identify risks of, prevent, detect, and treat breast cancer.

(7) An assessment of the feasibility and advisability of changing the current mammography screening policy of the Department to incorporate all members of the Armed Forces who deployed overseas to an area associated with airborne hazards, such as burn pits.

(8) An assessment of the feasibility and advisability of conducting digital breast tomosynthesis at facilities of the Department that provide mammography services.

(9) Such recommendations as the Secretary may have for changes to policy or law that could improve the prevention, early detection, awareness, and treatment of breast cancer among members of the Armed Forces serving on active duty, including any additional resources needed.

(c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings and recommendations of the study under subsection (a), including a description of any further unique military research needed with respect to breast cancer.

______

SA 3960. Mr. BOOZMAN (for himself and Mr. Cotton) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1064. NATIONAL COLD WAR CENTER.

(a) Findings.-- Congress makes the following findings:

(1) The BAFB Cold War Museum, Inc., a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986, is responsible for the finances and management of the National Cold War Museum at Blytheville/Eaker Air Force Base in Blytheville, Arkansas.

(2) The National Cold War Center, located on the Blytheville/Eaker Air Force Base, will be recognized as a major tourist attraction in Arkansas that will provide an immersive and authoritative experience in informing, interpreting, and honoring the legacy of the Cold War.

(3) The Blytheville/Eaker Air Force Base has the only intact, publicly accessible Alert Facility and Weapons Storage Facility in the United States.

(4) There is an urgent need to preserve the stories, artifacts, and heroic achievements of the Cold War.

(5) The United States has a need to preserve forever the knowledge and history of the United Stats' achievements in the Cold War century and to portray that history to citizens, visitors, and school children for centuries to come.

(6) The National Cold War Center seeks to educate a diverse group of audiences through its collection of artifacts, photographs, and firsthand personal accounts of the participants in the war on the home front.

(b) Purposes.--The purposes of this section are--

(1) to authorize references to the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as the ``National Cold War Center'';

(2) to ensure the continuing preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center;

(3) to enhance the knowledge of the American people of the experience of the United States during the Cold War years;

(4) to provide and support a facility for the public display of the artifacts, photographs, and personal histories of the Cold War years; and

(5) to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond.

(c) Reference to America's Cold War Center.--The museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is hereby authorized to be referred to as the

``National Cold War Center''.

______

SA 3961. Mr. BOOZMAN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1064. MODIFICATION OF DEPARTMENT OF DEFENSE THRESHOLD

FOR THE DISINTERMENT OF UNIDENTIFIED REMAINS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend section 4.1a.(1) of Department of Defense Instruction (DoDI) 1300.29, dated June 28, 2021, or any successor regulation, to provide that the threshold for disinterring commingled remains interred as group remains unknown is individual identification of 50 percent of the service members associated with the group.

______

SA 3962. Mr. ROMNEY (for himself, Mr. Kaine, Mr. Young, and Mr. Markey) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 1283. DIPLOMATIC BOYCOTT OF THE XXIV OLYMPIC WINTER

GAMES AND THE XIII PARALYMPIC WINTER GAMES.

(a) Statement of Policy.--It shall be the policy of the United States--

(1) to implement a diplomatic boycott of the XXIV Olympic Winter Games and the XIII Paralympic Winter Games in the People's Republic of China; and

(2) to call for an end to the Chinese Communist Party's ongoing human rights abuses, including the Uyghur genocide.

(b) Funding Prohibition.--

(1) In general.--Notwithstanding any other provision of law, the Secretary of State may not obligate or expend any Federal funds to support or facilitate the attendance of the XXIV Olympic Winter Games or the XIII Paralympic Winter Games by any employee of the United States Government.

(2) Exception.--Paragraph (1) shall not apply to the obligation or expenditure of Federal funds necessary--

(A) to support--

(i) the United States Olympic and Paralympic Committee;

(ii) the national governing bodies of amateur sports; or

(iii) athletes, employees, or contractors of the Olympic and Paralympic Committee or such national governing bodies; or

(B) to provide consular services or security to, or otherwise protect the health, safety, and welfare of, United States persons, employees, contractors, and their families.

(3) Waiver.--The Secretary of State may waive the applicability of paragraph (1) in a circumstance in which the Secretary determines a waiver is the national interest.

______

SA 3963. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. COLLECTION OF DEMOGRAPHIC INFORMATION FOR PATENT

INVENTORS.

(a) Amendment.--Chapter 11 of title 35, United States Code, is amended by adding at the end the following:

``Sec. 124. Collection of demographic information for patent inventors

``(a) Voluntary Collection.--The Director shall provide for the collection of demographic information, including gender, race, military or veteran status, and any other demographic category that the Director determines appropriate, related to each inventor listed with an application for patent, that may be submitted voluntarily by that inventor.

``(b) Protection of Information.--The Director shall--

``(1) keep any information submitted under subsection (a) confidential and separate from the application for patent; and

``(2) establish appropriate procedures to ensure--

``(A) the confidentiality of any information submitted under subsection (a); and

``(B) that demographic information is not made available to examiners or considered in the examination of any application for patent.

``(c) Relation to Other Laws.--

``(1) Freedom of information act.--Any demographic information submitted under subsection (a) shall be exempt from disclosure under section 552(b)(3) of title 5.

``(2) Federal information policy law.--Subchapter I of chapter 35 of title 44 shall not apply to the collection of demographic information under subsection (a).

``(d) Publication of Demographic Information.--

``(1) Report required.--Not later than 1 year after the date of enactment of this section, and not later than January 31 of each year thereafter, the Director shall make publicly available a report that, except as provided in paragraph

(3)--

``(A) includes the total number of patent applications filed during the previous year disaggregated--

``(i) by demographic information described in subsection

(a); and

``(ii) by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States;

``(B) includes the total number of patents issued during the previous year disaggregated--

``(i) by demographic information described in subsection

(a); and

``(ii) by technology class number, technology class title, country of residence of the inventor, and State of residence of the inventor in the United States; and

``(C) includes a discussion of the data collection methodology and summaries of the aggregate responses.

``(2) Data availability.--In conjunction with issuance of the report under paragraph (1), the Director shall make publicly available data based on the demographic information collected under subsection (a) that, except as provided in paragraph (3), allows the information to be cross-tabulated to review subgroups.

``(3) Privacy.--The Director--

``(A) may not include personally identifying information in--

``(i) the report made publicly available under paragraph

(1); or

``(ii) the data made publicly available under paragraph

(2); and

``(B) in making publicly available the report under paragraph (1) and the data under paragraph (2), shall anonymize any personally identifying information related to the demographic information collected under subsection (a).

``(e) Biennial Report.--Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Director shall submit to Congress a biennial report that evaluates the data collection process under this section, ease of access to the information by the public, and recommendations on how to improve data collection.''.

(b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 11 of title 35, United States Code, is amended by adding at the end the following:

``124. Collection of demographic information for patent inventors.''.

______

SA 3964. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title XXVIII, add the following:

SEC. 2815. APPLICABILITY OF WINDOW FALL PREVENTION

REQUIREMENTS TO ALL MILITARY FAMILY HOUSING

WHETHER PRIVATIZED OR GOVERNMENT-OWNED AND

GOVERNMENT-CONTROLLED.

(a) Transfer of Window Fall Prevention Section to Military Family Housing Administration Subchapter.--

(1) In general.--Section 2879 of title 10, United States Code--

(A) is transferred to appear after section 2856 of such title; and

(B) is redesignated as section 2857.

(2) Clerical amendments.--

(A) Alternative authority.--The table of sections at the beginning of subchapter IV of chapter 169 of such title is amended by striking the item relating to section 2879.

(B) Administration.--The table of sections at the beginning of subchapter III of chapter 169 of such title is amended by inserting after the item relating to section 2856 the following new item:

``2857. Window fall prevention devices in military family housing units.''.

(b) Applicability of Section to All Military Family Housing.--Section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a)(1), is amended--

(1) in subsection (a)(1), by striking ``acquired or constructed under this chapter'';

(2) in subsection (b)(1), by striking ``acquired or constructed under this chapter''; and

(3) by adding at the end the following new subsection:

``(e) Applicability to All Military Family Housing.--This section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.''.

(c) Implementation Plan.--In the report required to be submitted in 2022 pursuant to subsection (d) of section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a)(1) and amended by subsection

(b), the Secretary of Defense shall include a plan for implementation of the fall protection devices described in subsection (a)(3) of such section as required by such section.

(d) Limitation on Use of Funds Pending Submission of Overdue Report.--Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Assistant Secretary of Defense for Energy, Installations, and Environment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense certifies to the congressional defense committees that--

(1) the independent assessment required by section 2817(b) of the Military Construction Authorization Act of 2018

(division B of Public Law 115-91; 131 Stat. 1852) has been initiated; and

(2) the Secretary expects the report containing the results of that assessment to be submitted to the congressional defense committees by September 1, 2022.

______

SA 3965. Ms. HIRONO (for herself and Mr. Cramer) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following new section:

SEC. 318. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT

JOINT BASE PEARL HARBOR-HICKAM IN HAWAI`I,

INCLUDING RED HILL BULK FUEL STORAGE FACILITY.

(a) Sense of Congress.--In order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Director of the Defense Logistics Agency should--

(1) operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and

(2) require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility.

(b) Inspection Requirement.--

(1) Inspection required.--The Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, for the fuel system at Joint Base Pearl Harbor-Hickam, Hawai`i, including at the Red Hill Bulk Fuel Storage Facility.

(2) Inspection agent; standards.--The inspection required by paragraph (1) shall be performed--

(A) by an independent inspector certified by the American Petroleum Institute who will present findings of the inspection and options to the Secretary of the Navy for improving the integrity of the fuel system at Joint Base Pearl Harbor-Hickam, including Red Hill Bulk Fuel Storage Facility and its appurtenances; and

(B) in accordance with the Unified Facilities Criteria

(UFC-3-460-03) and American Petroleum Institute 570 inspection standards.

(3) Exception.--The inspection required by this paragraph

(1) excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility.

(c) Life-cycle Sustainment Plan.--In conjunction with the inspection required by subsection (b), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment.

(d) Submission of Results and Plan.--Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing--

(1) the results of the inspection conducted under subsection (b);

(2) the life-cycle sustainment plan prepared under subsection (c); and

(3) options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility.

______

SA 3966. Ms. HIRONO (for herself and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. 10__. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CHILDREN

OF CERTAIN FILIPINO WORLD WAR II VETERANS.

Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

``(F) Aliens who--

``(i) are eligible for a visa under paragraph (1) or (3) of section 203(a); and

``(ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to--

``(I) section 405 of the Immigration Act of 1990 (Public Law 101-649; 8 U.S.C. 1440 note); or

``(II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199).''.

______

SA 3967. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title V, insert the following:

SEC. 530C. INVESTIGATIONS OF SEXUAL HARASSMENT.

(a) In General.--Section 1561 of title 10, United States Code, is amended to read as follows:

``Sec. 1561. Complaints of sexual harassment: independent investigation

``(a) Action on Complaints Alleging Sexual Harassment.--A commanding officer or officer in charge of a unit, vessel, facility, or area of an armed force under the jurisdiction of the Secretary of a military department, who receives, from a member of the command or a member under the supervision of the officer, a formal complaint alleging sexual harassment by a member of the armed forces shall, as soon as practicable after such receipt, forward the complaint to an independent investigator.

``(b) Commencement of Investigation.--To the extent practicable, an independent investigator shall commence an investigation of a formal complaint of sexual harassment not later than 72 hours after--

``(1) receiving a formal complaint of sexual harassment forwarded by a commanding officer or officer in charge under subsection (a); or

``(2) receiving a formal complaint of sexual harassment directly from a member of the armed forces; and

``(c) Duration of Investigation.--To the extent practicable, an investigation under subsection (b) shall be completed not later than 14 days after the date on which the investigation commences.

``(d) Report on Investigation.--(1) If the investigation cannot be completed within 14 days, not later than the 14th day after the investigation commences, and every 14 days thereafter until the investigation is complete, the independent investigator shall submit to the officer described in subsection (a) a report on the progress made in completing the investigation.

``(2) To the extent practicable, and as soon as practicable upon completion of the investigation, the officer described in subsection (a) shall notify the complainant of the final results of the investigation, including any action taken, or planned to be taken, as a result of the investigation.

``(e) Definitions.--In this section:

``(1) The term `formal complaint' means a complaint that an individual files in writing and attests to the accuracy of the information contained in the complaint.

``(2) The term `independent investigator' means a member of the armed forces or employee of the Department of Defense who--

``(A) is outside the chain of command of the complainant and the subject of the investigation; and

``(B) is trained in the investigation of sexual harassment, as determined by--

``(i) the Secretary concerned, in the case of a member of the armed forces; or

``(ii) the Secretary of Defense, in the case of a civilian employee of the Department of Defense.

``(3) The term `sexual harassment' has the meaning given that term in section 920d(b) of this title (article 120d of the Uniform Code of Military Justice).''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by striking the item relating to section 1561 and inserting the following new item:

``1561. Complaints of sexual harassment: independent investigation.''.

(1) take effect on the day that is two years after the date of the enactment of this Act; and

(2) apply to any investigation of a formal complaint of sexual harassment (as those terms are defined in such section, as amended) made on or after that date.

(d) Report on Implementation.--

(1) In general.--Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report on preparation of that Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a).

(2) Appropriate congressional committees defined.--In this section, the term ``appropriate congressional committees'' means--

(A) the Committee on Armed Services of the Senate; and

(B) the Committee on Armed Services of the House of Representatives.

______

SA 3968. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title V, add the following:

SEC. 530C. PETITION FOR DNA TESTING UNDER THE UNIFORM CODE OF

MILITARY JUSTICE.

(a) In General.--Subchapter IX of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 873 (article 73) the following new section:

``Sec. 873a. Art 73a. Petition for DNA testing

``(a) In General.--Upon a written petition by an accused sentenced to imprisonment or death pursuant to a conviction under this chapter (referred to in this section as the

`applicant'), the Judge Advocate General shall order DNA testing of specific evidence if the Judge Advocate General finds that all of the following apply:

``(1) The applicant asserts, under penalty of perjury, that the applicant is actually innocent of the offense for which the applicant is sentenced to imprisonment or death.

``(2) The specific evidence to be tested was secured in relation to the investigation or prosecution of the offense referenced in the applicant's assertion under paragraph (1).

``(3) The specific evidence to be tested--

``(A) was not previously subjected to DNA testing and the applicant did not knowingly fail to request DNA testing of that evidence in a prior motion for postconviction DNA testing; or

``(B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing.

``(4) The specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing.

``(5) The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices.

``(6) The applicant identifies a theory of defense that--

``(A) is not inconsistent with an affirmative defense presented at trial; and

``(B) would establish the actual innocence of the applicant of the offense referenced in the applicant's assertion under paragraph (1).

``(7) If the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial.

``(8) The proposed DNA testing of the specific evidence may produce new material evidence that would--

``(A) support the theory of defense referenced in paragraph

(6); and

``(B) raise a reasonable probability that the applicant did not commit the offense.

``(9) The applicant certifies that the applicant will provide a DNA sample for purposes of comparison.

``(10) The petition is made in a timely fashion, subject to the following conditions:

``(A) There shall be a rebuttable presumption of timeliness if the petition is made within five years of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 or within three years after the date of the entry of judgment under section 860c of this title (article 60c), whichever comes later. Such presumption may be rebutted upon a showing--

``(i) that the applicant's petition for a DNA test is based solely upon information used in a previously denied motion; or

``(ii) of clear and convincing evidence that the applicant's filing is done solely to cause delay or harass.

``(B) There shall be a rebuttable presumption against timeliness for any petition not satisfying subparagraph (A). Such presumption may be rebutted upon the Judge Advocate General's finding--

``(i) that the applicant was or is incompetent and such incompetence substantially contributed to the delay in the applicant's motion for a DNA test;

``(ii) the evidence to be tested is newly discovered DNA evidence;

``(iii) that the applicant's petition is not based solely upon the applicant's own assertion of innocence and, after considering all relevant facts and circumstances surrounding the petition, a denial would result in a manifest injustice; or

``(iv) upon good cause shown.

``(C) For purposes of this paragraph--

``(i) the term `incompetence' has the meaning given that term in section 876b of this chapter (article 76b); and

``(ii) the term `manifest' means that which is unmistakable, clear, plain, or indisputable and requires that the opposite conclusion be clearly evident.

``(b) Appeal of Denial.--The applicant may appeal the Judge Advocate General's denial of the petition of DNA testing to the Court of Appeals for the Armed Forces.

``(c) Evidence Inventory; Preservation Order; Appointment of Counsel.--

``(1) Inventory.--The Judge Advocate General shall order the preparation of an inventory of the evidence related to the case for which a petition is made under subsection (a), which shall be provided to the applicant.

``(2) Preservation order.--To the extent necessary to carry out proceedings under this section, the Judge Advocate General shall direct the preservation of the specific evidence relating to a petition under subsection (a).

``(3) Appointment of counsel.--The applicant shall be eligible for representation by appellate defense counsel under section 870 of this chapter (article 70).

``(d) Testing Costs.--The costs of any DNA testing ordered under this section shall be paid by the Government.

``(e) Time Limitation in Capital Cases.--In any case in which the applicant is sentenced to death--

``(1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the test is ordered by the Judge Advocate General; and

``(2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the Judge Advocate General shall order any post-testing procedures under subsection (f) or (g), as appropriate.

``(f) Disclosure of Test Results.--Reporting of test results shall be simultaneously disclosed to the Government and the applicant.

``(g) Post-testing Procedures; Inconclusive and Inculpatory Results.--

``(1) Inconclusive results.--If DNA test results obtained under this section are inconclusive, the Judge Advocate General may order further testing, if appropriate, or may deny the applicant relief.

``(2) Inculpatory results.--If DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the Judge Advocate General shall--

``(A) deny the applicant relief; and

``(B) if the DNA test results relate to a State offense, forward the finding to any appropriate State official.

``(h) Post-testing Procedures; Motion for New Trial or Resentencing.--

``(1) In general.--Notwithstanding any provision of law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a petition for a new trial or resentencing, as appropriate.

``(2) Standard for granting motion for new trial or resentencing.--The applicant's petition for a new trial or resentencing, as appropriate, shall be granted if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by compelling evidence that a new trial would result in the acquittal of the applicant.

``(i) Relationship to Other Laws.--

``(1) Post-conviction relief.--Nothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other provision of law.

``(2) Habeas corpus.--Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.''.

(b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 873 (article 73) the following new item:

``873a. Art 73a. Petition for DNA testing.''.

______

SA 3969. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2836. FIVE-YEAR UPDATES OF HAWAI`I MILITARY LAND USE

MASTER PLAN.

(a) Sense of Congress.--Given the extent and significance of the presence of the Armed Forces and the Department of Defense in Hawai`i and the limited geography of the State, it is the sense of Congress that the Secretary of Defense should do the following:

(1) Synchronize all of the training activities, land holdings, and operations of the Armed Forces for the most efficient use and stewardship of land in Hawai`i.

(2) Ensure that the partnership between the Department and Hawai`i is mutually advantageous and based on the following principles:

(A) Respect for the land, people, and culture of Hawai`i.

(B) Commitment to building strong, resilient communities.

(D) Optimization of existing training, operational, and administrative facilities of the Armed Forces.

(E) Synchronized communication from United States Indo-Pacific Command across all military components with State government, State agencies, county governments, communities, and Federal agencies on critical land and environmental topics.

(b) Required Update of Master Plan.--

(1) Plan update required.--Not later than December 31, 2025, and every five years thereafter through December 31, 2045, the Deputy Assistant Secretary of Defense for Real Property shall update the Hawai`i Military Land Use Master Plan, which was first produced by the Department of Defense in 1995 and updated in 2002 and 2021.

(2) Elements.--In updating the Hawai`i Military Land Use Master Plan under paragraph (1), the Deputy Assistant Secretary of Defense for Real Property shall consider, address, and include the following:

(A) The priorities of each individual Armed Force and joint priorities within the State of Hawai`i.

(B) The historical background of the use of land in Hawai'i by the Armed Forces and Department of Defense and the cultural significance of the historical land holdings.

(D) An overview of assets of the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Hawai`i National Guard, and Hawai`i Air National Guard in the State, including the following for each asset:

(i) The location and size of facilities.

(ii) Any tenet commands.

(iii) Training lands.

(iv) Purpose of the asset.

(v) Priorities for the asset for the next five years, including any planned divestitures and expansions.

(E) A summary of encroachment planning efforts.

(F) A summary of efforts to synchronize the inter-service use of training lands and ranges.

(3) Cooperation.--The Deputy Assistant Secretary of Defense for Real Property shall carry out this subsection in conjunction with the Commander of United States Indo-Pacific Command.

(c) Submission of Updated Plan.--Not later than 30 days after the date of the completion of an update to the Hawai`i Military Land Use Master Plan under subsection (b), the Deputy Assistant Secretary of Defense for Real Property shall submit to the Committees on Armed Services of the Senate and the House of Representatives the updated master plan.

______

SA 3970. Ms. HIRONO (for herself, Mr. Menendez, and Ms. Duckworth) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 105__. RUNIT DOME REPORT AND MONITORING ACTIVITIES.

(a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior

(referred to in this section as the ``Secretary'') shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Natural Resources and Energy and Commerce of the House of Representatives a report prepared by independent experts not employed by the Federal Government that describes--

(1) the impacts of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll in the Republic of the Marshall Islands; and

(2) other environmental hazards in the vicinity of the Runit Dome.

(b) Requirements.--The report submitted under subsection

(a) shall include--

(1) a detailed scientific analysis of any threats to the environment and to the health and safety of Enewetak Atoll residents from--

(A) the Runit Dome nuclear waste disposal site;

(B) crypts used to contain nuclear waste and other toxins on Enewetak Atoll;

(C) radionuclides and other toxins in the lagoon of Enewetak Atoll, including areas in the lagoon at which nuclear waste was dumped;

(D) radionuclides and other toxins, including beryllium, which may be present on the islands of Enewetak Atoll as a result of nuclear tests and other activities of the Federal Government, including--

(i) tests of chemical and biological warfare agents;

(ii) rocket tests;

(iii) contaminated aircraft landing on Enewetak Island; and

(iv) nuclear cleanup activities;

(E) radionuclides and other toxins that may be present in--

(i) the drinking water on Enewetak Atoll; or

(ii) the water source for the desalination plant for Enewetak Atoll; and

(F) radionuclides and other toxins that may be present in the groundwater under, and in the vicinity of, the Runit Dome nuclear waste disposal site;

(2) a detailed scientific analysis of the extent to which rising sea levels, severe weather events, and other effects of climate change might exacerbate any of the threats identified under paragraph (1); and

(3) a detailed plan, including the costs of implementing the plan, to relocate to a safe, secure facility to be constructed in an uninhabited, unincorporated territory of the United States all of the nuclear waste and other toxic waste contained in--

(A) the Runit Dome nuclear waste disposal site;

(B) each of the crypts on Enewetak Atoll containing nuclear waste; and

(c) Participation by the Republic of the Marshall Islands.--The Secretary shall allow scientists or other experts selected by the Government of the Republic of the Marshall Islands to participate in all aspects of the preparation of the report required under subsection (a), including--

(1) developing the plan under subsection (b)(3);

(2) identifying questions;

(3) conducting research; and

(4) collecting and interpreting data.

(d) Publication.--The report required under subsection (a) shall be published in the Federal Register for public comment for a period of not less than 60 days.

(e) Public Availability.--The Secretary shall publish on a public website--

(1) the study required under subsection (a); and

(2) the results of any research submitted under subsection

(b).

(f) Authorization of Appropriations.--

(1) Authorization of appropriations for report.--There are authorized to be appropriated to the Assistant Secretary of Insular and International Affairs of the Department of the Interior to complete the report under subsection (a) such sums as are necessary for fiscal year 2022.

(2) Authorization of appropriations for runit dome monitoring activities.--There are authorized to be appropriated to the Secretary of Energy such sums as are necessary to comply with the requirements of section 103(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)(B)).

______

SA 3971. Mrs. GILLIBRAND submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title V, insert the following:

SEC. [DAV21M33]. SELECTION PROCESS FOR MEMBERS TO SERVE ON

COURTS-MARTIAL.

Section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), is amended--

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively;

(2) by inserting after ``(e)'', the following: ``(1) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel available to the convening authority for detail.

``(2) The randomized selection process developed and implemented under paragraph (1) may include parameter controls that--

``(A) allow for exclusions based on scheduling availability;

``(B) allow for controls based on military rank; and

``(C) allow for controls to promote gender, racial, and ethnic diversity and inclusion.''; and

(3) in paragraph (4), as redesignated by paragraph (1), by--

(A) striking the first sentence; and

(B) striking ``when he is'' and inserting ``when the member is''.

______

SA 3972. Mrs. GILLIBRAND submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, insert the following:

Subtitle H--War Powers Resolution Reform

SEC. 1291. SHORT TITLE.

This subtitle may be cited as the ``War Powers Reform Resolution''.

SEC. 1292. JOINT RESOLUTIONS AND BILLS AUTHORIZING,

NARROWING, OR REPEALING USE OF MILITARY FORCE.

The War Powers Resolution (50 U.S.C. 1541 et seq.) is amended by inserting after section 5 the following new section:

``JOINT RESOLUTIONS AND BILLS AUTHORIZING, NARROWING, OR REPEALING USE

OF MILITARY FORCE

``Sec. 5A. (a) A joint resolution or bill introduced after the date of the enactment of this section pursuant to section 5(b) for a purpose specified in that section shall be eligible for expedited consideration in accordance with section 6(a) if the joint resolution or bill sets forth only the following:

``(1) The specific strategic objective of the military force authorized for use by the joint resolution or bill.

``(2) A specification that the military force authorized for use by the joint resolution or bill is necessary, appropriate, and proportional to the purpose of the joint resolution or bill.

``(3) A specific naming of the nations, organizations, or forces engaged in active hostilities against the United States, its territories or possessions, or United States Armed Forces against which use of military force is authorized by the joint resolution or bill, which may not vest in or delegate to any official in the Executive Branch authority to specify any other nation, organization, or force against which use of military force is authorized by the joint resolution or bill.

``(4) A specification of the country or countries, or subdivision of a country or subdivisions of countries, in which military force is authorized for use by the joint resolution or bill, which may not vest in or delegate to any official in the Executive Branch authority to specify any other country or subdivision of a country in which use of military force is authorized by the joint resolution or bill.

``(5) A specification to a date certain of the duration of the authorization for use of military force in the joint resolution or bill, which may not exceed two years from the date of the enactment of the joint resolution or bill.

``(b) A joint resolution or bill introduced after the date of the enactment of this section to narrow a Joint Resolution or Act authorizing use of military force that is in effect on the date of the introduction of the joint resolution or bill shall be eligible for expedited consideration in accordance with section 6(a) if the joint resolution or bill sets forth only a narrowing or other limitation of the Joint Resolution or Act as follows:

``(1) To narrow the specific strategic objective of the military force authorized by the Joint Resolution or Act.

``(2) To strike one or more named nations, organizations, or forces against which use of military force is authorized by the Joint Resolution or Act, and to specify a date certain for the effective date of such strike.

``(3) To strike one or more countries or subdivisions of a country in which military force is authorized for use by the Joint Resolution or Act, and to specify a date certain for the effective date of such strike.

``(4) To reduce the duration of the authorization for use of military force in the Joint Resolution or Act to an earlier date certain specified in the joint resolution or bill.

``(c) A joint resolution or bill introduced after the date of the enactment of this section only to repeal one or more Joint Resolutions or Acts authorizing use of military force that is or are in effect on the date of the introduction of the joint resolution or bill shall be eligible for expedited consideration in accordance with section 6(a).

``(d) A joint resolution or bill introduced as described in subsection (a) or (b) may also repeal any Joint Resolution or Act authorizing use of military force that is in effect on the date of the introduction of the joint resolution or bill without losing eligibility for expedited consideration in accordance with section 6(a) as otherwise provided in such subsection.''.

SEC. 1293. EXPEDITED PROCEDURES FOR JOINT RESOLUTIONS AND

BILLS AUTHORIZING, LIMITING, OR REPEALING USE

OF MILITARY FORCE.

Section 6(a) of the War Powers Resolution (50 U.S.C. 1545(a)) is amended--

(1) by inserting ``(1)'' after ``(a)'';

(2) in paragraph (1), as designated by paragraph (1) of this section--

(A) by striking ``introduced pursuant to section 5(b) at least thirty calendar days before the expiration of the sixty-day period specified in such section'' and inserting

``introduced pursuant to section 5(b) for purposes of section 5A(a) at least thirty calendar days before the expiration of the sixty-day period specified in section 5(b)''; and

(B) by striking ``sixty-day period specified in such section'' and inserting ``sixty-day period specified in section 5(b)''; and

(3) by adding at the end the following new paragraph:

``(2)(A) Any joint resolution or bill introduced pursuant to subsection (b) or (c) of section 5A shall be referred to the committee provided for in paragraph (1), and such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty-four calendar days before the expiration of the thirty-day period beginning on the date of the introduction of such joint resolution or bill, unless such House shall otherwise determine by the yeas and nays.

``(B) In the case of any joint resolution or bill described in subparagraph (A), any reference in this section to the sixty-day period specified in section 5(b) shall be deemed to refer instead to the thirty-day period beginning on the date of the introduction of such joint resolution or bill.''.

SEC. 1294. LIMITATION ON USE OF FUNDS IN CONTRAVENTION OF THE

WAR POWERS RESOLUTION OR OTHER APPLICABLE

RESOLUTIONS AUTHORIZING USE OF MILITARY FORCE.

The War Powers Resolution (50 U.S.C. 1541 et seq.) is amended--

(1) by redesignating sections 9 and 10 as sections 10 and 11, respectively; and

(2) by inserting after section 8 the following new section 9:

``LIMITATION ON USE OF FUNDS

``Sec. 9. Appropriated funds may not be obligated or expended for the introduction or use of United States Armed Forces into or in hostilities or situations where imminent involvement in hostilities is clearly indicated by the circumstances in contravention of the provisions of this joint resolution, or another Joint Resolution or Act authorizing such introduction or use (if applicable).''.

SEC. 1295. JUSTIFICATION IN REQUESTS FOR AUTHORIZATIONS FOR

USE OF MILITARY FORCE AND IN REPORTS ON USE OF

MILITARY FORCE.

Section 4 of the War Powers Resolution (50 U.S.C. 1543) is amended by adding at the end the following new subsection:

``(d)(1) If in submitting a report under subsection (a) or in connection with an introduction of the United States Armed Forces as described in that subsection the President also submits to Congress a request for an authorization for use of the United States Armed Forces in the hostilities or situation concerned, the President shall include with such request a comprehensive justification for such request, including a justification for--

``(A) the nations, organizations, and forces covered by such request;

``(B) the countries and subdivisions of countries covered by such request; and

``(C) the duration of the request.

``(2) Each report under subsection (c) on the status of hostilities or a situation shall include a current comprehensive justification for use of the United States Armed Forces in the hostilities or situation, including a justification for--

``(A) the continuing use of the United States Armed Forces against the particular nations, organizations, and forces concerned;

``(B) the continuing use of the United States Armed Forces in the particular countries and subdivisions of countries concerned; and

``(C) the currently anticipated duration of the use of the United States Armed Forces in the hostilities or situation.

``(3)(A) Except as provided in subparagraph (B), any justification submitted pursuant to this subsection shall be in unclassified form to the greatest extent practicable, including in the specification of the countries or subdivisions of countries concerned and in the duration or anticipated duration concerned, but may include a classified annex (and then only to the extent required to protect the national security interests of the United States).

``(B) A request described in paragraph (1) shall list or specify the names of the nations, organizations, and forces covered by such request in unclassified form.''.

SEC. 1296. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY

FORCE.

(a) Authorization for Use of Military Force.--Effective on the date that is one year after the date of the enactment of this Act, the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) is repealed.

(b) Authorization for Use of Military Force Against Iraq Resolution of 2002.--Effective on the date that is one year after the date of the enactment of this Act, the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public law 107-243; 50 U.S.C. 1541 note) is repealed.

______

SA 3973. Mrs. GILLIBRAND submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle B of title V, add the following:

SEC. 520B. NON-DISCRIMINATION AND SERVICE IN THE ARMED

FORCES.

(a) In General.--Chapter 37 of title 10, United States Code, is amended by inserting after section 653 the following new section:

``Sec. 654. Non-discrimination and service in the armed forces

``Service in the armed forces shall be open to all persons who are able meet the standards and eligibility criteria for military service, without regard to race, color, national origin, religion, or sex (including gender identity and sexual orientation).''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 653 the following new item:

``654. Non-discrimination and service in the armed forces.''.

______

SA 3974. Mrs. GILLIBRAND submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VII, add the following:

SEC. 704. MODIFICATIONS TO TRICARE OPERATIONS MANUAL WITH

RESPECT TO COVERAGE OF AUTISM THERAPY.

(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify the operations manual under the TRICARE program, or successor manual of the Department of Defense, with respect to coverage of autism therapy as follows:

(1) To allow a covered beneficiary one year to obtain a confirmatory diagnosis of autism spectrum disorder.

(2) To require that the person completing the Pervasive Developmental Disorder Behavior Inventory Teacher Form meet the criteria in the Pervasive Developmental Disorder Behavior Inventory Manual regarding frequency and duration of contact with the client.

(3) To require that the services provided for autism spectrum disorder focus primarily on measuring outcomes for the covered beneficiary as the primary recipient of services.

(4) To eliminate the prohibition on billing for services provided outside of the home, clinic, office, school, or via telehealth.

(5) To require that medically necessary services authorized in a school setting be delivered by a trained behavioral provider as determined by the applied behavior analysis supervisor.

(b) Definitions.--In this section, the terms ``covered beneficiary'' and ``TRICARE program'' have the meanings given those terms in section 1072 of title 10, United States Code.

______

SA 3975. Mrs. GILLIBRAND (for herself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 744. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE

COMPREHENSIVE AUTISM CARE DEMONSTRATION

PROGRAM.

(a) Agreement.--

(1) In general.--The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the ``National Academies'') for the National Academies to carry out the activities described in subsections (b) and

(c).

(2) Timing.--The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.

(b) Analysis by the National Academies.--

(1) Analysis.--Under an agreement between the Secretary and the National Academies entered into under subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the ``demonstration program'') and develop recommendations for the Secretary based on such analysis.

(2) Elements.--The analysis conducted and recommendations developed under paragraph (1) shall include the following:

(A) A review of the use by the Department of Defense of the Pervasive Developmental Disorder Behavior Inventory as an outcome measure, in relation to the goals of intervention, and a determination as to whether the Secretary is applying such inventory appropriately under the demonstration program.

(B) A review of the raw baseline and follow-up data from providers, including an assessment of how the data were scored and an analysis of the data utilized by the Department in any reports submitted by the Secretary to Congress with respect to the demonstration program.

(C) An assessment of the methods used under the demonstration program to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder.

(D) A review of any guidelines or industry standards of care adhered to in the provision of applied behavior analysis services under the demonstration program, including a review of the expected health outcomes for an individual who has received such services.

(E) A review of the expected health outcomes for an individual who has received applied behavior analysis treatments over time.

(F) An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization.

(G) Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies.

(H) An analysis on whether the prevalence of autism is higher among the children of military families.

(I) The development of a list of findings and recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program.

(c) Report.--Under an agreement between the Secretary and the National Academies entered into under subsection (a), the National Academies, not later than 270 days after the date of the execution of the agreement, shall--

(1) submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and

(2) make such report available on a public website in unclassified form.

(d) TRICARE Program Defined.--In this section, the term

``TRICARE program'' has the meaning given that term in section 1072(7) of title 10, United States Code.

______

SA 3976. Ms. DUCKWORTH (for herself, Mrs. Gillibrand, and Ms. Baldwin) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VIII, add the following:

SEC. 838. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR

DEFENSE ACQUISITION PROGRAMS.

(a) Assessment Required.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of any procurement carried out in connection with a major defense acquisition program.

(2) Information repository.--The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content that can be used for continuous data analysis and program management activities.

(b) Enhanced Domestic Content Requirement.--

(1) In general.--Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured in connection with a major defense acquisition program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies--

(A) supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured;

(B) supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; and

(C) supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies.

(2) Exclusion for certain manufactured articles.--Paragraph

(1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel.

(3) Rulemaking.--

(A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if--

(i) the application paragraph (1) results in an unreasonable cost; or

(ii) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

(B) Termination.--Rules issued under this paragraph shall cease to have force or effect on January 1, 2030.

(4) Applicability.--The requirements of this subsection shall apply to contracts entered into on or after the date of the enactment of this Act.

``major defense acquisition program'' has the meaning given in section 2430 of title 10, United States Code.

______

SA 3977. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. LIMITATION ON PROCUREMENT OF WELDED SHIPBOARD ANCHOR

AND MOORING CHAIN FOR NAVAL VESSELS.

Section 2534(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(F) Welded shipboard anchor and mooring chain.''.

______

SA 3978. Mrs. MURRAY submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 10___. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS

AREAS; WILD AND SCENIC RIVER DESIGNATIONS.

(a) Designation of Olympic National Forest Wilderness Areas.--

(1) In general.--In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the Olympic National Forest in the State of Washington comprising approximately 126,554 acres, as generally depicted on the map entitled ``Proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8, 2019 (referred to in this subsection as the ``map''), is designated as wilderness and as components of the National Wilderness Preservation System:

(A) Lost creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 7,159 acres, as generally depicted on the map, which shall be known as the

``Lost Creek Wilderness''.

(B) Rugged ridge wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 5,956 acres, as generally depicted on the map, which shall be known as the

``Rugged Ridge Wilderness''.

(C) Alckee creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 1,787 acres, as generally depicted on the map, which shall be known as the

``Alckee Creek Wilderness''.

(D) Gates of the elwha wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 5,669 acres, as generally depicted on the map, which shall be known as the ``Gates of the Elwha Wilderness''.

(E) Buckhorn wilderness additions.--Certain Federal land managed by the Forest Service, comprising approximately 21,965 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the

``Buckhorn Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).

(F) Green mountain wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 4,790 acres, as generally depicted on the map, which shall be known as the ``Green Mountain Wilderness''.

(G) The brothers wilderness additions.--Certain land managed by the Forest Service, comprising approximately 8,625 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``The Brothers Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).

(H) Mount skokomish wilderness additions.--Certain land managed by the Forest Service, comprising approximately 8,933 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``Mount Skokomish Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).

(I) Wonder mountain wilderness additions.--Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the

``Wonder Mountain Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).

(J) Moonlight dome wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the ``Moonlight Dome Wilderness''.

(K) South quinault ridge wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 10,887 acres, as generally depicted on the map, which shall be known as the ``South Quinault Ridge Wilderness''.

(L) Colonel bob wilderness additions.--Certain Federal land managed by the Forest Service, comprising approximately 353 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``Colonel Bob Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).

(M) Sam's river wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 13,418 acres, as generally depicted on the map, which shall be known as the

``Sam's River Wilderness''.

(N) Canoe creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the

``Canoe Creek Wilderness''.

(2) Administration.--

(A) Management.--Subject to valid existing rights, the land designated as wilderness by paragraph (1) shall be administered by the Secretary of Agriculture (referred to in this subsection as the ``Secretary''), in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.

(B) Map and description.--

(i) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by paragraph (1) with--

(I) the Committee on Natural Resources of the House of Representatives; and

(II) the Committee on Energy and Natural Resources of the Senate.

(ii) Effect.--Each map and legal description filed under clause (i) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map and legal description.

(iii) Public availability.--Each map and legal description filed under clause (i) shall be filed and made available for public inspection in the appropriate office of the Forest Service.

(3) Potential wilderness.--

(A) In general.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 5,346 acres as identified as ``Potential Wilderness'' on the map, is designated as potential wilderness.

(B) Designation as wilderness.--On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by subparagraph (A) have terminated, the potential wilderness shall be--

(i) designated as wilderness and as a component of the National Wilderness Preservation System; and

(ii) incorporated into the adjacent wilderness area.

(4) Adjacent management.--

(A) No protective perimeters or buffer zones.--The designations in this subsection shall not create a protective perimeter or buffer zone around any wilderness area.

(B) Nonconforming uses permitted outside of boundaries of wilderness areas.--Any activity or use outside of the boundary of any wilderness area designated under this subsection shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area.

(5) Fire, insects, and diseases.--The Secretary may take such measures as are necessary to control fire, insects, and diseases, in the wilderness areas designated by this subsection, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and subject to such terms and conditions as the Secretary determines to be appropriate.

(b) Wild and Scenic River Designations.--

(1) In general.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

``(231) Elwha river, washington.--The approximately 29.0-mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river.

``(232) Dungeness river, washington.--The segment of the Dungeness River from the headwaters to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes:

``(A) The approximately 5.8-mile segment of the Dungeness River from the headwaters to the 2870 Bridge, as a wild river.

``(B) The approximately 2.1-mile segment of the Dungeness River from the 2870 Bridge to Silver Creek, as a scenic river.

``(C) The approximately 2.7-mile segment of the Dungeness River from Silver Creek to Sleepy Hollow Creek, as a wild river.

``(D) The approximately 6.3-mile segment of the Dungeness River from Sleepy Hollow Creek to the Olympic National Forest boundary, as a scenic river.

``(E) The approximately 1.9-mile segment of the Dungeness River from the National Forest boundary to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e).

``(F) The approximately 16.1-mile segment of the Gray Wolf River from the headwaters to the 2870 Bridge, as a wild river.

``(G) The approximately 1.1-mile segment of the Gray Wolf River from the 2870 Bridge to the confluence with the Dungeness River, as a scenic river.

``(233) Big quilcene river, washington.--The segment of the Big Quilcene River from the headwaters to the City of Port Townsend water intake facility, to be administered by the Secretary of Agriculture, in the following classes:

``(A) The approximately 4.4-mile segment from the headwaters to the Buckhorn Wilderness boundary, as a wild river.

``(B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river.

``(C) Section 7(a), with respect to the licensing of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works, shall apply to the approximately 5-mile segment from the City of Port Townsend water intake facility to the Olympic National Forest boundary.

``(234) Dosewallips river, washington.--The segment of the Dosewallips River from the headwaters to the private land in T. 26 N., R. 3 W., sec. 15, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:

``(A) The approximately 12.9-mile segment from the headwaters to Station Creek, as a wild river.

``(B) The approximately 6.8-mile segment from Station Creek to the private land in T. 26 N., R. 3 W., sec. 15, as a scenic river.

``(235) Duckabush river, washington.--The segment of the Duckabush River from the headwaters to the private land in T. 25 N., R. 3 W., sec. 1, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:

``(A) The approximately 19.0-mile segment from the headwaters to the Brothers Wilderness boundary, as a wild river.

``(B) The approximately 1.9-mile segment from the Brothers Wilderness boundary to the private land in T. 25 N., R. 3 W., sec. 1, as a scenic river.

``(236) Hamma hamma river, washington.--The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by the Secretary of Agriculture, in the following classes:

``(A) The approximately 3.1-mile segment from the headwaters to the Mt. Skokomish Wilderness boundary, as a wild river.

``(B) The approximately 5.8-mile segment from the Mt. Skokomish Wilderness boundary to Lena Creek, as a scenic river.

``(C) The approximately 6.8-mile segment from Lena Creek to the eastern edge of the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e).

``(237) South fork skokomish river, washington.--The segment of the South Fork Skokomish River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes:

``(A) The approximately 6.7-mile segment from the headwaters to Church Creek, as a wild river.

``(B) The approximately 8.3-mile segment from Church Creek to LeBar Creek, as a scenic river.

``(C) The approximately 4.0-mile segment from LeBar Creek to upper end of gorge in the NW\1/4\ sec. 22, T. 22 N., R. 5 W., as a recreational river.

``(D) The approximately 6.0-mile segment from the upper end of the gorge to the Olympic National Forest boundary, as a scenic river.

``(238) Middle fork satsop river, washington.--The approximately 7.9-mile segment of the Middle Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river.

``(239) West fork satsop river, washington.--The approximately 8.2-mile segment of the West Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river.

``(240) Wynoochee river, washington.--The segment of the Wynoochee River from the headwaters to the head of Wynoochee Reservoir to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:

``(A) The approximately 2.5-mile segment from the headwaters to the boundary of the Wonder Mountain Wilderness, as a wild river.

``(B) The approximately 7.4-mile segment from the boundary of the Wonder Mountain Wilderness to the head of Wynoochee Reservoir, as a recreational river.

``(241) East fork humptulips river, washington.--The segment of the East Fork Humptulips River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes:

``(A) The approximately 7.4-mile segment from the headwaters to the Moonlight Dome Wilderness boundary, as a wild river.

``(B) The approximately 10.3-mile segment from the Moonlight Dome Wilderness boundary to the Olympic National Forest boundary, as a scenic river.

``(242) West fork humptulips river, washington.--The approximately 21.4-mile segment of the West Fork Humptulips River from the headwaters to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river.

``(243) Quinault river, washington.--The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. 33, to be administered by the Secretary of the Interior, in the following classes:

``(A) The approximately 16.5-mile segment from the headwaters to Graves Creek, as a wild river.

``(B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river.

``(C) The approximately 1.0-mile segment from Cannings Creek to private land in T. 24 N., R. 8 W., sec. 33, as a recreational river.

``(244) Queets river, washington.--The segment of the Queets River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, except that portions of the river outside the boundaries of Olympic National Park shall be administered by the Secretary of Agriculture, including the following segments of the mainstem and certain tributaries in the following classes:

``(A) The approximately 28.6-mile segment of the Queets River from the headwaters to the confluence with Sams River, as a wild river.

``(B) The approximately 16.0-mile segment of the Queets River from the confluence with Sams River to the Olympic National Park boundary, as a scenic river.

``(C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river.

``(D) The approximately 17.7-mile segment of Matheny Creek from the headwaters to the confluence with the Queets River, to be administered as a scenic river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e).

``(245) Hoh river, washington.--The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes:

``(A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river.

``(B) The approximately 6.0-mile segment of the Hoh River from Jackson Creek to the Olympic National Park boundary, as a scenic river.

``(C) The approximately 13.8-mile segment of the South Fork Hoh River from the headwaters to the Olympic National Park boundary, as a wild river.

``(D) The approximately 4.6-mile segment of the South Fork Hoh River from the Olympic National Park boundary to the Washington State Department of Natural Resources boundary in T. 27 N., R. 10 W., sec. 29, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e).

``(246) Bogachiel river, washington.--The approximately 25.6-mile segment of the Bogachiel River from the source to the Olympic National Park boundary, to be administered by the Secretary of the Interior, as a wild river.

``(247) South fork calawah river, washington.--The segment of the South Fork Calawah River and the major tributary Sitkum River from the headwaters to Hyas Creek to be administered by the Secretary of Agriculture, except those portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments in the following classes:

``(A) The approximately 15.7-mile segment of the South Fork Calawah River from the headwaters to the Sitkum River, as a wild river.

``(B) The approximately 0.9-mile segment of the South Fork Calawah River from the Sitkum River to Hyas Creek, as a scenic river.

``(C) The approximately 1.6-mile segment of the Sitkum River from the headwaters to the Rugged Ridge Wilderness boundary, as a wild river.

``(D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river.

``(248) Sol duc river, washington.--The segment of the Sol Duc River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, including the following segments of the mainstem and certain tributaries in the following classes:

``(A) The approximately 7.0-mile segment of the Sol Duc River from the headwaters to the end of Sol Duc Hot Springs Road, as a wild river.

``(B) The approximately 10.8-mile segment of the Sol Duc River from the end of Sol Duc Hot Springs Road to the Olympic National Park boundary, as a scenic river.

``(C) The approximately 14.2-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river.

``(D) The approximately 0.2-mile segment of the North Fork Sol Duc River from the Olympic Hot Springs Road bridge to the confluence with the Sol Duc River, as a scenic river.

``(E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river.

``(249) Lyre river, washington.--The approximately 0.2-mile segment of the Lyre River from Lake Crescent to the Olympic National Park boundary, to be administered by the Secretary of the Interior as a scenic river.''.

(2) Effect.--The amendment made by paragraph (1) does not affect valid existing water rights.

(3) Updates to land and resource management plans.--

(A) In general.--Except as provided in subparagraph (B), not later than 3 years after the date of enactment of this Act, the Secretary of Agriculture shall, with respect to the designations made under paragraph (1) on land under the jurisdiction of the Secretary, incorporate such designations into updated management plans for units of the National Forest System in accordance with applicable laws (including regulations).

(B) Exception.--The date specified in subparagraph (A) shall be 5 years after the date of enactment of this Act if the Secretary of Agriculture--

(i) is unable to meet the requirement under that subparagraph by the date specified in such subparagraph; and

(ii) not later than 3 years after the date of enactment of this Act, includes in the Department of Agriculture annual budget submission to Congress a request for additional sums as may be necessary to meet the requirement of that subparagraph.

(C) Comprehensive management plan requirements.--Updated management plans under subparagraph (A) or (B) satisfy the requirements under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).

(1) In general.--In accordance with section 12(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this section or the amendment made by subsection (b)(1) affects or abrogates existing rights, privileges, or contracts held by private parties, nor does this section in any way modify or direct the management, acquisition, or disposition of land managed by the Washington Department of Natural Resources on behalf of the State of Washington.

(2) Withdrawal.--Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by this section and the amendment made by subsection (b)(1) is withdrawn from all forms of--

(A) entry, appropriation, or disposal under the public land laws;

(B) location, entry, and patent under the mining laws; and

(d) Treaty Rights.--Nothing in this section alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with hunting, fishing, gathering, and cultural or religious rights as protected by a treaty.

______

SA 3979. Mrs. MURRAY submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

Subtitle D--Reproductive and Fertility Preservation Assistance

SEC. 751. DEFINITIONS.

In this subtitle:

(1) Active duty.--The term ``active duty'' has the meaning given that term in section 101(d)(1) of title 10, United States Code.

(2) Armed forces.--The term ``Armed Forces'' has the meaning given the term ``armed forces'' in section 101(a)(4) of such title.

SEC. 752. ESTABLISHMENT OF FERTILITY PRESERVATION PROCEDURES

AFTER AN INJURY OR ILLNESS.

(a) In General.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish procedures for the retrieval of gametes, as soon as medically appropriate, from a member of the Armed Forces in cases in which the fertility of such member is potentially jeopardized as a result of an injury or illness incurred or aggravated while serving on active duty in the Armed Forces in order to preserve the medical options of such member.

(b) Consent for Retrieval of Gametes.--Gametes may be retrieved from a member of the Armed Forces under subsection

(a) only--

(1) with the specific consent of the member; or

(2) if the member is unable to consent, if a medical professional determines that--

(A) the future fertility of the member is potentially jeopardized as a result of an injury or illness described in subsection (a) or will be potentially jeopardized as a result of treating such injury or illness;

(B) the member lacks the capacity to consent to the retrieval of gametes and is likely to regain such capacity; and

(a) may be used only--

(1) with the specific consent of the member; or

(2) if the member has lost the ability to consent permanently, as determined by a medical professional, as specified in an advance directive or testamentary instrument executed by the member.

(d) Disposal of Gametes.--In accordance with regulations prescribed by the Secretary for purpose of this subsection, the Secretary shall dispose of gametes retrieved from a member of the Armed Forces under subsection (a)--

(1) with the specific consent of the member; or

(2) if the member--

(A) has lost the ability to consent permanently, as determined by a medical professional; and

(B) has not specified the use of their gametes in an advance directive or testamentary instrument executed by the member.

SEC. 753. CRYOPRESERVATION AND STORAGE OF GAMETES OF MEMBERS

OF THE ARMED FORCES ON ACTIVE DUTY.

(a) In General.--The Secretary of Defense shall provide members of the Armed Forces on active duty in the Armed Forces with the opportunity to cryopreserve and store their gametes prior to--

(1) deployment to a combat zone; or

(2) a duty assignment that includes a hazardous assignment, as determined by the Secretary.

(b) Period of Time.--

(1) In general.--The Secretary shall provide for the cryopreservation and storage of gametes of any member of the Armed Forces under subsection (a) in a facility of the Department of Defense or of a private entity and the transportation of such gametes, at no cost to the member, until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

(2) Continued cryopreservation and storage.--At the end of the one-year period specified in paragraph (1), the Secretary shall permit an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B) To transfer the gametes to a private cryopreservation and storage facility selected by the individual.

(C) To transfer the gametes to a facility of the Department of Veterans Affairs if cryopreservation and storage is available to the individual at such facility.

(3) Disposal of gametes.--If an individual described in paragraph (2) does not make a selection under subparagraph

(A), (B), or (C) of such paragraph, the Secretary may dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual.

(c) Advance Medical Directive and Military Testamentary Instrument.--A member of the Armed Forces who elects to cryopreserve and store their gametes under this section must complete an advance medical directive, as defined in section 1044c(b) of title 10, United States Code, and a military testamentary instrument, as defined in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.

(d) Agreements.--To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation, transportation, and storage services for gametes.

SEC. 754. ASSISTANCE WITH AND CONTINUITY OF CARE REGARDING

REPRODUCTIVE AND FERTILITY PRESERVATION

SERVICES.

The Secretary of Defense shall ensure that employees of the Department of Defense assist members of the Armed Forces--

(1) in navigating the services provided under this subtitle;

(2) in finding a provider that meets the needs of such members with respect to such services; and

(3) in continuing the receipt of such services without interruption during a permanent change of station for such members.

SEC. 755. COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND

DEPARTMENT OF VETERANS AFFAIRS ON FURNISHING OF

FERTILITY TREATMENT AND COUNSELING.

(a) In General.--The Secretary of Defense and the Secretary of Veterans Affairs shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility treatment and counseling to individuals eligible for the receipt of such counseling and treatment from the Secretaries.

(b) Memorandum of Understanding.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding--

(1) providing that the Secretary of Defense will ensure access by the Secretary of Veterans Affairs to gametes of veterans stored by the Department of Defense; and

(2) authorizing the Department of Veterans Affairs to compensate the Department of Defense for the cryopreservation, transportation, and storage of gametes of veterans under section 753.

SEC. 756. MODERNIZATION AND EXPANSION OF ASSISTED

REPRODUCTIVE TECHNOLOGY PROGRAM.

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop and submit to Congress a strategy to modernize and expand the program described in the memorandum on the subject of ``Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members'' issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012.

______

SA 3980. Mr. CARDIN (for himself and Mr. Wicker) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 1283. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS

WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.

(a) Definitions.--Section 1262 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended by striking paragraph (2) and inserting the following:

``(2) Immediate family member.--The term `immediate family member', with respect to a foreign person, means the spouse, parent, sibling, or adult child of the person.''.

(b) Sense of Congress.--The Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended by inserting after section 1262 the following new section:

``SEC. 1262A. SENSE OF CONGRESS.

``It is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.''.

(1) In general.--Subsection (a) of section 1263 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended to read as follows:

``(a) In General.--The President may impose the sanctions described in subsection (b) with respect to--

``(1) any foreign person that the President determines, based on credible information--

``(A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse;

``(B) is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in--

``(i) corruption, including--

``(I) the misappropriation of state assets;

``(II) the expropriation of private assets for personal gain;

``(III) corruption related to government contracts or the extraction of natural resources; or

``(IV) bribery; or

``(ii) the transfer or facilitation of the transfer of the proceeds of corruption;

``(C) is or has been a leader or official of--

``(i) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph (A) or (B) related to the tenure of the leader or official; or

``(ii) an entity whose property and interests in property are blocked pursuant to this section as a result of activities related to the tenure of the leader or official;

``(D) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of--

``(i) an activity described in subparagraph (A) or (B) that is conducted by a foreign person;

``(ii) a person whose property and interests in property are blocked pursuant to this section; or

``(iii) an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in subparagraph (A) or (B) conducted by a foreign person; or

``(E) is owned or controlled by, or has acted or been purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section; and

``(2) any immediate family member of a person described in paragraph (1).''.

(2) Consideration of certain information.--Subsection

(c)(2) of such section is amended by inserting ``corruption and'' after ``monitor''.

(3) Requests by congress.--Subsection (d) of such section is amended--

(A) in paragraph (1)--

(i) in the matter preceding subparagraph (A), by striking

``subsection (a)'' and inserting ``subsection (a)(1)''; and

(ii) in subparagraph (B)(i), by inserting ``or an immediate family member of the person''; and

(B) in paragraph (2)--

(i) in subparagraph (A)--

(I) in the subparagraph heading, by striking ``human rights violations'' and inserting ``serious human rights abuse''; and

(II) by striking ``described in paragraph (1) or (2) of subsection (a)'' and inserting ``described in subsection

(a)(1) relating to serious human rights abuse''; and

(ii) in subparagraph (B)--

(I) in the matter preceding clause (i), by striking

``described in paragraph (3) or (4) of subsection (a)'' and inserting ``described in subsection (a)(1) relating to corruption or the transfer or facilitation of the transfer of the proceeds of corruption''; and

(II) by striking ``ranking member of'' and all that follows through the period at the end and inserting ``ranking member of one of the appropriate congressional committees''.

(4) Termination of sanctions.--Subsection (g) of such section is amended, in the matter preceding paragraph (1), by inserting ``and the immediate family members of that person'' after ``a person''.

(d) Reports to Congress.--Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended--

(1) in paragraph (5), by striking ``; and'' and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(7) A description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuse and corruption in each country in which foreign persons with respect to which sanctions have been imposed under section 1263 are located.''.

(e) Repeal of Sunset.--Section 1265 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is repealed.

______

SA 3981. Mr. CARDIN (for himself and Mr. Young) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 1283. COMBATING GLOBAL CORRUPTION.

(a) Definitions.--In this section:

(1) Corrupt actor.--The term ``corrupt actor'' means--

(A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and

(B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption.

(2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

(3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics:

(A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance.

(B) Involves economically or socially large-scale government activities.

(b) Publication of Tiered Ranking List.--

(1) In general.--The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries.

(2) Tier 1 countries.--A country shall be ranked as a tier 1 country in the ranking published under paragraph (1) if the government of such country is complying with the minimum standards set forth in subsection (c).

(3) Tier 2 countries.--A country shall be ranked as a tier 2 country in the ranking published under paragraph (1) if the government of such country is making efforts to comply with the minimum standards set forth in subsection (c), but is not achieving the requisite level of compliance to be ranked as a tier 1 country.

(4) Tier 3 countries.--A country shall be ranked as a tier 3 country in the ranking published under paragraph (1) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in subsection

(c).

(1) In general.--The government of a country is complying with the minimum standards for the elimination of corruption if the government--

(A) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption;

(B) enforces the laws described in subparagraph (A) by punishing any person who is found, through a fair judicial process, to have violated such laws;

(C) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and

(D) is making serious and sustained efforts to address corruption, including through prevention.

(2) Factors for assessing government efforts to combat corruption.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as--

(A) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts;

(B) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption;

(C) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption;

(D) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials;

(E) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring;

(F) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect);

(G) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors;

(H) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others;

(I) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons;

(J) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption;

(K) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements;

(L) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and

(M) such other information relating to corruption as the Secretary of State considers appropriate.

(3) Assessing government efforts to combat corruption in relation to relevant international commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant:

(A) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996.

(B) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the

``Anti-Bribery Convention'').

(D) The United Nations Convention against Corruption, done at New York October 31, 2003.

(E) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate.

(d) Imposition of Sanctions Under Global Magnitsky Human Rights Accountability Act.--

(1) In general.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act

(subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)--

(A) in all countries identified as tier 3 countries under subsection (b); or

(B) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline.

(2) Report required.--Not later than 180 days after publishing the list required by subsection (b)(1) and annually thereafter, the Secretary of State shall submit to the committees specified in paragraph (6) a report that includes--

(A) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under paragraph (1);

(B) the dates on which such sanctions were imposed;

(D) a list of all foreign persons found to have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline.

(3) Form of report.--Each report required by paragraph (2) shall be submitted in unclassified form but may include a classified annex.

(4) Briefing in lieu of report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by paragraph (2)(D)) provide a briefing to the committees specified in paragraph

(6) instead of submitting a written report required under paragraph (2), if doing so would better serve existing United States anti-corruption efforts or the national interests of the United States.

(5) Termination of requirements relating to nord stream 2.--The requirements under paragraphs (1)(B) and (2)(D) shall terminate on the date that is 5 years after the date of the enactment of this Act.

(6) Committees specified.--The committees specified in this subsection are--

(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and

(B) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.

(e) Designation of Embassy Anti-corruption Points of Contact.--

(1) In general.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under subsection (b), or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee.

(2) Responsibilities.--Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to--

(A) promote good governance in foreign countries; and

(B) enhance the ability of such countries--

(i) to combat public corruption; and

(ii) to develop and implement corruption risk assessment tools and mitigation strategies.

(3) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under paragraph (1).

______

SA 3982. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of division A, add the following:

TITLE XVII--COMBATING CORRUPTION AND PROMOTING ACCOUNTABILITY

INTERNATIONALLY

Subtitle A--Transnational Repression Accountability and Prevention Act of 2021

SEC. 1701. SHORT TITLE.

This subtitle may be cited as the ``Transnational Repression Accountability and Prevention Act of 2021'' or as the ``TRAP Act of 2021''.

SEC. 1702. FINDINGS.

Congress makes the following findings:

(1) The International Criminal Police Organization

(INTERPOL) works to prevent and fight crime through enhanced cooperation and innovation on police and security matters, including kleptocracy, counterterrorism, cybercrime, counternarcotics, and transnational organized crime.

(2) United States membership and participation in INTERPOL advances the national security and law enforcement interests of the United States related to combating kleptocracy, terrorism, cybercrime, narcotics, and transnational organized crime.

(3) Article 2 of INTERPOL's Constitution states that the organization aims ``[to] ensure and promote the widest possible mutual assistance between all criminal police authorities . . . in the spirit of the `Universal Declaration of Human Rights' ''.

(4) Article 3 of INTERPOL's Constitution states that ``[i]t is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character''.

(5) These principles provide INTERPOL with a foundation based on respect for human rights and avoidance of politically motivated actions by the organization and its members.

(6) Some INTERPOL member countries have used INTERPOL's databases and processes, including Notice and Diffusion mechanisms and the Stolen and Lost Travel Document Database, for activities of a political or other unlawful character and in violation of international human rights standards, including making requests to INTERPOL for interventions related to purported charges of ordinary law crimes that are fabricated for political or other unlawful motives.

(7) According to the Justice Manual of the United States Department of Justice, ``[i]n the United States, national law prohibits the arrest of the subject of a Red Notice issued by another INTERPOL member country, based upon the notice alone'' and requires the existence of a valid extradition treaty between the requesting country and the United States, a valid request for provisional arrest of the subject individual, and an arrest warrant issued by a United States District Court based on a complaint filed by the United States Attorney's Office of the subject jurisdiction.

SEC. 1703. STATEMENT OF POLICY.

It is the policy of the United States:

(1) To use the voice, vote, and influence of the United States, as appropriate, within INTERPOL's General Assembly and Executive Committee to promote the following objectives aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data:

(A) Support INTERPOL's reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL's Constitution and Rules on the Processing of Data (RPD).

(B) Support and strengthen INTERPOL's coordination with the Commission for Control of INTERPOL's Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts.

(C) Support candidates for positions within INTERPOL's structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law.

(D) Seek to require INTERPOL in its annual report to provide a detailed account of the following information, disaggregated by member country or entity:

(i) The number of Notice requests, disaggregated by color, that it received.

(ii) The number of Notice requests, disaggregated by color, that it rejected.

(iii) The category of violation identified in each instance of a rejected Notice.

(iv) The number of Diffusions that it cancelled without reference to decisions by the CCF.

(v) The sources of all INTERPOL income during the reporting period.

(E) Support greater transparency by the CCF in its annual report by providing a detailed account of the following information, disaggregated by country:

(i) The number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications.

(ii) The category of violation alleged in each such complaint.

(2) Put in place procedures, as appropriate, for sharing with relevant departments and agencies credible information of likely attempts by member countries to abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken in accordance with their respective institutional mandates.

SEC. 1704. REPORT ON THE ABUSE OF INTERPOL SYSTEMS.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Attorney General, in coordination with the Secretary of Homeland Secretary, the Secretary of State, and the heads of other relevant United States Government departments or agencies shall submit to the appropriate congressional committees a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years.

(b) Elements.--The report required under subsection (a) shall include the following elements:

(1) A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited.

(2) An assessment of the adequacy of INTERPOL mechanisms for challenging abusive re- quests, including the Commission for the Control of INTERPOL's Files (CCF), and any shortcoming the United States believes should be addressed.

(3) A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents.

(4) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.

(5) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity.

(6) A description of United States advocacy for reform and good governance within INTERPOL.

(7) A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.

(8) An estimate of the costs involved in establishing such improvements.

(c) Form of Report.--Each report required by subsection (a) shall be submitted in unclassified form and be published in the Federal Register, but may include a classified annex, as appropriate.

(d) Briefing.--Not later than 180 days after the submission of the report in subsection (a), and every 180 days after for two years, the Department of Justice, in coordination with the Department of Homeland Secretary, the Department of State, and the heads of other relevant United States Government departments and agencies shall brief the appropriate congressional committees on recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL.

SEC. 1705. PROHIBITION ON DENIAL OF SERVICES.

(a) Arrests.--No United States Government department or agency may arrest an individual for the purpose of extradition who is the subject of an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country, based solely upon the INTERPOL communication without--

(1) prior verification of the individual's eligibility for extradition under a valid bilateral extradition treaty for the specified crime or crimes;

(2) receipt of a valid request for provisional arrest from the requesting country; and

(3) the issuance of an arrest warrant in compliance with section 3184 of title 18, United States Code.

(b) Removal and Travel Restrictions.--No United States Government department or agency may make use of any INTERPOL Notice, Diffusion, or other INTERPOL communication, or the information contained therein, published on behalf of another INTERPOL member country as the sole basis to detain or otherwise deprive an individual of freedom, to remove an individual from the United States, or to deny a visa, asylum, citizenship, other immigration status, or participation in any trusted traveler program of the Transportation Security Administration, without independent credible evidence supporting such a determination.

SEC. 1706. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

The Foreign Assistance Act of 1961 is amended--

(1) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection:

``(h) Politically Motivated Reprisal Against Individuals Outside the Country.--The report required by subsection (d) shall include examples from credible reporting of likely attempts by countries to misuse international law enforcement tools, such as INTERPOL communications, for politically-motivated reprisal against specific individuals located in other countries.''; and

(2) in section 502B (22 U.S.C. 2304)--

(A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and

(B) by adding at the end the following new subsection:

``(k) Politically Motivated Reprisal Against Individuals Outside the Country.--The report required by subsection (b) shall include examples from credible reporting of likely attempts by countries to misuse international law enforcement tools, such as INTERPOL communications, for politically motivated reprisal against specific individuals located in other countries.''.

SEC. 1707. DEFINITIONS.

In this subtitle:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and

(B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives.

(2) INTERPOL communications.--The term ``INTERPOL communications'' means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL.

Subtitle B--Countering Russian and Other Overseas Kleptocracy Act

SEC. 1711. SHORT TITLES.

This subtitle may be cited as the ``Countering Russian and Other Overseas Kleptocracy Act'' or the ``CROOK Act''.

SEC. 1712. FINDINGS.

Congress makes the following findings:

(1) Authoritarian leaders in foreign countries abuse their power to steal assets from state institutions, enrich themselves at the expense of their countries' economic development, and use corruption as a strategic tool both to solidify their grip on power and to undermine democratic institutions abroad.

(2) Global corruption harms the competitiveness of United States businesses, weakens democratic governance, feeds terrorist recruitment and transnational organized crime, enables drug smuggling and human trafficking, and stymies economic growth.

(3) Illicit financial flows often penetrate countries through what appear to be legitimate financial transactions, as kleptocrats launder money, use shell companies, amass offshore wealth, and participate in a global shadow economy.

(4) The Government of the Russian Federation is a leading model of this type of kleptocratic system, using state-sanctioned corruption to both erode democratic governance from within and discredit democracy abroad, thereby strengthening the authoritarian rule of Vladimir Putin.

(5) Corrupt individuals and entities in the Russian Federation, often with the backing and encouragement of political leadership, use stolen money--

(A) to purchase key assets in other countries, often with a goal of attaining monopolistic control of a sector;

(B) to gain access to and influence the policies of other countries; and

(C) to advance Russian interests in other countries, particularly those that undermine confidence and trust in democratic systems.

(6) Systemic corruption in the People's Republic of China, often tied to, directed by, or backed by the leadership of the Chinese Communist Party and the Chinese Government is used--

(A) to provide unfair advantage to certain People's Republic of China economic entities;

(B) to increase other countries' economic dependence on the People's Republic of China to secure greater deference to the People's Republic of China's diplomatic and strategic goals; and

(C) to exploit corruption in foreign governments and among other political elites to enable People's Republic of China state-backed firms to pursue predatory and exploitative economic practices.

(7) Thwarting these tactics by Russian, Chinese, and other kleptocratic actors requires the international community to strengthen democratic governance and the rule of law. International cooperation in combating corruption and illicit finance is vital to such efforts, especially by empowering reformers in foreign countries during historic political openings for the establishment of the rule of law in those countries.

(8) Technical assistance programs that combat corruption and strengthen the rule of law, including through assistance provided by the Department of State's Bureau of International Narcotics and Law Enforcement Affairs and the United States Agency for International Development, and through programs like the Department of Justice's Office of Overseas Prosecutorial Development, Assistance and Training and the International Criminal Investigative Training Assistance Program, can have lasting and significant impacts for both foreign and United States interests.

(9) There currently exist numerous international instruments to combat corruption, kleptocracy, and illicit finance, including--

(A) the Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996;

(B) the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the

``Anti-Bribery Convention'');

(D) the United Nations Convention against Corruption, done at New York October 31, 2003;

(E) Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions, adopted November 26, 2009; and

(F) recommendations of the Financial Action Task Force comprising the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation.

SEC. 1713. DEFINITIONS.

In this subtitle:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Foreign Relations of the Senate;

(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;

(D) the Committee on the Judiciary of the Senate;

(E) the Committee on Foreign Affairs of the House of Representatives;

(F) the Committee on Financial Services of the House of Representatives;

(G) the Committee on Ways and Means of the House of Representatives; and

(H) the Committee on the Judiciary of the House of Representatives.

(2) Foreign assistance.--The term ``foreign assistance'' means foreign assistance authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.).

(3) Foreign state.--The term ``foreign state'' has the meaning given such term in section 1603(a) of title 28, United States Code.

(4) Intelligence community.--The term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(5) Public corruption.--The term ``public corruption'' includes the unlawful exercise of entrusted public power for private gain, such as through bribery, nepotism, fraud, extortion, or embezzlement.

(6) Rule of law.--The term ``rule of law'' means the principle of governance in which all persons, institutions, and entities, whether public or private, including the state, are accountable to laws that are--

(A) publicly promulgated;

(B) equally enforced;

(D) consistent with international human rights norms and standards.

SEC. 1714. STATEMENT OF POLICY.

It is the policy of the United States--

(1) to leverage United States diplomatic engagement and foreign assistance to promote the rule of law;

(2)(A) to promote international instruments to combat corruption, kleptocracy, and illicit finance, including instruments referred to in section 1712(9), and other relevant international standards and best practices, as such standards and practices develop; and

(B) to promote the adoption and implementation of such laws, standards, and practices by foreign states;

(3) to support foreign states in promoting good governance and combating public corruption;

(4) to encourage and assist foreign partner countries to identify and close loopholes in their legal and financial architecture, including the misuse of anonymous shell companies, free trade zones, and other legal structures, that are enabling illicit finance to penetrate their financial systems;

(5) to help foreign partner countries to investigate, prosecute, adjudicate, and more generally combat the use of corruption by malign actors, including authoritarian governments, particularly the Government of the Russian Federation and the Government of the People's Republic of China, as a tool of malign influence worldwide;

(6) to assist in the recovery of kleptocracy-related stolen assets for victims, including through the use of appropriate bilateral arrangements and international agreements, such as the United Nations Convention against Corruption, done at New York October 31, 2003, and the United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000;

(7) to use sanctions authorities, such as the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)) and section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020

(division G of Public Law 116-94), to identify and take action against corrupt foreign actors;

(8) to ensure coordination between relevant Federal departments and agencies with jurisdiction over the advancement of good governance in foreign states; and

(9) to lead the creation of a formal grouping of like-minded states--

(A) to coordinate efforts to counter corruption, kleptocracy, and illicit finance; and

(B) to strengthen collective financial defense.

SEC. 1715. ANTI-CORRUPTION ACTION FUND.

(a) Establishment.--There is established in the United States Treasury a fund, to be known as the ``Anti-Corruption Action Fund'', only for the purposes of--

(1) strengthening the capacity of foreign states to prevent and fight public corruption;

(2) assisting foreign states to develop rule of law-based governance structures, including accountable civilian police, prosecutorial, and judicial institutions;

(3) supporting foreign states to strengthen domestic legal and regulatory frameworks to combat public corruption, including the adoption of best practices under international law; and

(4) supplementing existing foreign assistance and diplomacy with respect to efforts described in paragraphs (1), (2), and

(3).

(b) Funding.--

(1) Transfers.--Beginning on or after the date of the enactment of this Act, if total criminal fines and penalties in excess of $50,000,000 are imposed against a person under the Foreign Corrupt Practices Act of 1977 (Public Law 95-213) or section 13, 30A, or 32 of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78dd-1, and 78ff), whether pursuant to a criminal prosecution, enforcement proceeding, deferred prosecution agreement, nonprosecution agreement, a declination to prosecute or enforce, or any other resolution, the court (in the case of a conviction) or the Attorney General shall impose an additional prevention payment equal to $5,000,000 against such person, which shall be deposited in the Anti-Corruption Action Fund established under subsection (a).

(2) Availability of funds.--Amounts deposited into the Anti-Corruption Action Fund pursuant to paragraph (1) shall be available to the Secretary of State only for the purposes described in subsection (a), without fiscal year limitation or need for subsequent appropriation.

(3) Limitation.--None of the amounts made available to the Secretary of State from the Anti-Corruption Action Fund may be used inside the United States, except for administrative costs related to overseas program implementation pursuant to subsection (a).

(1) may support governmental and nongovernmental parties in advancing the purposes described in subsection (a); and

(2) shall be allocated in a manner complementary to existing United States foreign assistance, diplomacy, and anti-corruption activities.

(d) Allocation and Prioritization.--In programming foreign assistance made available through the Anti-Corruption Action Fund, the Secretary of State, in coordination with the Attorney General, shall prioritize projects that--

(1) assist countries that are undergoing historic opportunities for democratic transition, combating corruption, and the establishment of the rule of law; and

(2) are important to United States national interests.

(e) Technical Assistance Providers.--For any technical assistance to a foreign governmental party under this section, the Secretary of State, in coordination with the Attorney General, shall prioritize United States Government technical assistance providers as implementers, in particular the Office of Overseas Prosecutorial Development, Assistance and Training and the International Criminal Investigative Training Assistance Program at the Department of Justice.

(f) Public Diplomacy.--The Secretary of State shall announce that funds deposited in the Anti-Corruption Action Fund are derived from actions brought under the Foreign Corrupt Practices Act to demonstrate that the use of such funds are--

(1) contributing to international anti-corruption work; and

(2) reducing the pressure that United States businesses face to pay bribes overseas, thereby contributing to greater competitiveness of United States companies.

(g) Reporting.--Not later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that contains--

(1) the balance of the funding remaining in the Anti-Corruption Action Fund;

(2) the amount of funds that have been deposited into the Anti-Corruption Action Fund; and

(3) a summary of the obligation and expenditure of such funds.

(h) Notification Requirements.--None of the amounts made available to the Secretary of State from the Anti-Corruption Action Fund pursuant to this section shall be available for obligation, or for transfer to other departments, agencies, or entities, unless the Secretary of State notifies the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives, not later than 15 days in advance of such obligation or transfer.

SEC. 1716. INTERAGENCY ANTI-CORRUPTION TASK FORCE.

(a) In General.--The Secretary of State, in cooperation with the Interagency Anti-Corruption Task Force established pursuant to subsection (b), shall manage a whole-of-government effort to improve coordination among Federal departments and agencies and donor organizations with a role in--

(1) promoting good governance in foreign states; and

(2) enhancing the ability of foreign states to combat public corruption.

(b) Interagency Anti-Corruption Task Force.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish and convene the Interagency Anti-Corruption Task Force (referred to in this section as the ``Task Force''), which shall be composed of representatives appointed by the President from appropriate departments and agencies, including the Department of State, the United States Agency for International Development, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Department of Commerce, the Millennium Challenge Corporation, and the intelligence community.

(d) Duties.--The Task Force shall--

(1) evaluate, on a general basis, the effectiveness of existing foreign assistance programs, including programs funded by the Anti-Corruption Action Fund, that have an impact on--

(A) promoting good governance in foreign states; and

(B) enhancing the ability of foreign states to combat public corruption;

(2) assist the Secretary of State in managing the whole-of-government effort described in subsection (a);

(3) identify general areas in which such whole-of-government effort could be enhanced; and

(4) recommend specific programs for foreign states that may be used to enhance such whole-of-government effort.

(e) Briefing Requirement.--Not later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter through the end of fiscal year 2026, the Secretary of State shall provide a briefing to the appropriate congressional committees regarding the ongoing work of the Task Force. The briefing shall include the participation of a representative of each of the departments and agencies described in subsection (b), to the extent feasible.

SEC. 1717. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF

CONTACT.

(a) Embassy Anti-Corruption Point of Contact.--The chief of mission of each United States embassy shall designate an anti-corruption point of contact for each such embassy.

(b) Duties.--The designated anti-corruption points of contact designated pursuant to subsection (a) shall--

(1) coordinate, in accordance with guidance from the Interagency Anti-Corruption Task Force established pursuant to section 1716(b), an interagency approach within United States embassies to combat public corruption in the foreign states in which such embassies are located that is tailored to the needs of such foreign states, including all relevant Federal departments and agencies with a presence in such foreign states, such as the Department of State, the United States Agency for International Development, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Millennium Challenge Corporation, and the intelligence community;

(2) make recommendations regarding the use of the Anti-Corruption Action Fund and other foreign assistance funding related to anti-corruption efforts in their respective countries of responsibility that aligns with United States diplomatic engagement; and

(3) ensure that anti-corruption activities carried out within their respective countries of responsibility are included in regular reporting to the Secretary of State and the Interagency Anti-Corruption Task Force, including United States embassy strategic planning documents and foreign assistance-related reporting, as appropriate.

(c) Training.--The Secretary of State shall develop and implement appropriate training for the designated anti-corruption points of contact.

SEC. 1718. REPORTING REQUIREMENTS.

(a) Report or Briefing on Progress Toward Implementation.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Attorney General, and the Secretary of the Treasury, shall submit a report or provide a briefing to the appropriate congressional committees that summarizes progress made in combating public corruption and in implementing this subtitle, including--

(1) identifying opportunities and priorities for outreach with respect to promoting the adoption and implementation of relevant international law and standards in combating public corruption, kleptocracy, and illicit finance;

(2) describing--

(A) the bureaucratic structure of the offices within the Department of State and the United States Agency for International Development that are engaged in activities to combat public corruption, kleptocracy, and illicit finance; and

(B) how such offices coordinate their efforts with each other and with other relevant Federal departments and agencies;

(3) providing a description of how the provisions under subsections (d) and (e) of section 1705 have been applied to each project funded by the Anti-Corruption Action Fund;

(4) providing an explanation as to why a United States Government technical assistance provider was not used if technical assistance to a foreign governmental entity is not implemented by a United States Government technical assistance provider;

(5) describing the activities of the Interagency Anti-Corruption Task Force established pursuant to section 1706(b);

(6) identifying--

(A) the designated anti-corruption points of contact for foreign states; and

(B) any training provided to such points of contact; and

(7) recommending additional measures that would enhance the ability of the United States Government to combat public corruption, kleptocracy, and illicit finance overseas.

(b) Online Platform.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, should consolidate existing reports with anti-corruption components into a single online, public platform that includes--

(1) the Annual Country Reports on Human Rights Practices required under section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n);

(2) the Fiscal Transparency Report required under section 7031(b) of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2019 (division F of Public Law 116-6);

(3) the Investment Climate Statement reports;

(4) the International Narcotics Control Strategy Report;

(5) any other relevant public reports; and

(6) links to third-party indicators and compliance mechanisms used by the United States Government to inform policy and programming, as appropriate, such as--

(A) the International Finance Corporation's Doing Business surveys;

(B) the International Budget Partnership's Open Budget Index; and

(i) the Organisation for Economic Co-operation and Development's Working Group on Bribery in International Business Transactions;

(ii) the Follow-Up Mechanism for the Inter-American Convention Against Corruption; and

(iii) the United Nations Convention Against Corruption, done at New York October 31, 2003.

______

SA 3983. Mr. TESTER (for himself and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1064. TECHNICAL CORRECTION TO ELIGIBILITY FOR COUNSELING

AND TREATMENT FOR MILITARY SEXUAL TRAUMA TO

INCLUDE ALL FORMER MEMBERS OF THE RESERVE

COMPONENTS OF THE ARMED FORCES.

Section 1720D of title 38, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (1), by striking ``a physical assault of a sexual nature'' and all that follows through the period at the end and inserting ``military sexual trauma.''; and

(B) in paragraph (2)(A), by striking ``that was suffered by the member while serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)''; and

(2) by striking subsections (f) and (g) and inserting the following new subsection (f):

``(f) In this section:

``(1) The term `former member of the Armed Forces' means a person who served on active duty, active duty for training, or inactive duty training, and who was discharged or released therefrom under any condition that is not--

``(A) a discharge by court-martial; or

``(B) a discharge subject to a bar to benefits under section 5303 of this title.

``(2) The term `military sexual trauma' means, with respect to a former member of the Armed Forces, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the former member of the Armed Forces was serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10).

``(3) The term `sexual harassment' means unsolicited verbal or physical contact of a sexual nature which is threatening in character.''.

______

SA 3984. Mr. TESTER submitted an amendment intended to be proposed by him to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VI, add the following:

SEC. 607. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN

20 YEARS OF SERVICE AND A COMBAT-RELATED

DISABILITY FOR CONCURRENT RECEIPT OF VETERANS'

DISABILITY COMPENSATION AND RETIRED PAY.

(a) Concurrent Receipt in Connection With CSRC.--Section 1413a(b)(3)(B) of title 10, United States Code, is amended by striking ``creditable service,'' and all that follows and inserting the following: ``creditable service--

``(i) the retired pay of the retiree is not subject to reduction under sections 5304 and 5305 of title 38; and

``(ii) no monthly amount shall be paid the retiree under subsection (a).''.

(b) Concurrent Receipt Generally.--Section 1414(b)(2) of title 10, United States Code, is amended by striking

``Subsection (a)'' and all that follows and inserting the following: ``Subsection (a)--

``(A) applies to a member described in paragraph (1) of that subsection who is retired under chapter 61 of this title with less than 20 years of service otherwise creditable under chapter 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement if the member has a combat-related disability (as that term is defined in section 1413a(e) of this title), except that in the application of subsection (a) to such a member, any reference in that subsection to a qualifying service-connected disability shall be deemed to be a reference to that combat-related disability; but

``(B) does not apply to any member so retired if the member does not have a combat-related disability.''.

(1) Amendments reflecting end of concurrent receipt phase-in period.--Section 1414 of title 10, United States Code, is further amended--

(A) in subsection (a)(1)--

(i) by striking the second sentence; and

(ii) by striking subparagraphs (A) and (B);

(B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and

(2) Section heading.--The heading of such section 1414 is amended to read as follows:

``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent receipt''.

(3) Table of sections.--The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1414 and inserting the following new item:

``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent receipt.''.

(4) Conforming amendment.--Section 1413a(f) of such title is amended by striking ``Subsection (d)'' and inserting

``Subsection (c)''.

(d) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.

______

SA 3985. Mr. TESTER submitted an amendment intended to be proposed by him to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H--Improvement of Veterans Crisis Line

SEC. 1070. SHORT TITLE.

This subtitle may be cited as the ``Revising and Expediting Actions for the Crisis Hotline for Veterans Act'' or the

``REACH for Veterans Act''.

SEC. 1071. DEFINITIONS.

In this subtitle:

(1) Department.--The term ``Department'' means the Department of Veterans Affairs.

(2) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

(3) Veterans crisis line.--the term ``Veterans Crisis Line'' means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.

PART I--VETERANS CRISIS LINE TRAINING AND QUALITY MANAGEMENT

Subpart A--Staff Training

SEC. 1072. REVIEW OF TRAINING FOR VETERANS CRISIS LINE CALL

RESPONDERS.

(a) In General.--The Secretary shall enter into an agreement with an organization outside the Department, such as the American Association of Suicidology, to review the training for Veterans Crisis Line call responders on assisting callers in crisis.

(b) Completion of Review.--The review conducted under subsection (a) shall be completed not later than one year after the date of the enactment of this Act.

(c) Elements of Review.--The review conducted under subsection (a) shall consist of a review of the training provided by the Department on subjects including risk assessment, lethal means assessment, substance use and overdose risk assessment, safety planning, referrals to care, supervisory consultation, and emergency dispatch.

(d) Update of Training.--If any deficiencies in the training for Veterans Crisis Line call responders are found pursuant to the review under subsection (a), the Secretary shall update such training and associated standards of practice to correct those deficiencies not later than one year after the completion of the review.

SEC. 1073. RETRAINING GUIDELINES FOR VETERANS CRISIS LINE

CALL RESPONDERS.

(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary shall develop guidelines on retraining and quality management for when a Veterans Crisis Line call responder has an adverse event or when a quality review check by a supervisor of such a call responder denotes that the call responder needs improvement.

(b) Elements of Guidelines.--The guidelines developed under subsection (a) shall specify the subjects and quantity of retraining recommended and how supervisors should implement increased use of silent monitoring or other performance review mechanisms.

Subpart B--Quality Review and Management

SEC. 1074. MONITORING OF CALLS ON VETERANS CRISIS LINE.

(a) In General.--The Secretary shall require that not fewer than two calls per month for each Veterans Crisis Line call responder be subject to supervisory silent monitoring, which is used to monitor the quality of conduct by such call responder during the call.

(b) Benchmarks.--The Secretary shall establish benchmarks for requirements and performance of Veterans Crisis Line call responders on supervisory silent monitored calls.

(c) Quarterly Reports.--Not less frequently than quarterly, the Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs a report on occurrence and outcomes of supervisory silent monitoring of calls on the Veterans Crisis Line.

SEC. 1075. QUALITY MANAGEMENT PROCESSES FOR VETERANS CRISIS

LINE.

Not later than one year after the date of the enactment of this Act, the leadership for the Veterans Crisis Line, in partnership with the Office of Mental Health and Suicide Prevention of the Department and the National Center for Patient Safety of the Department, shall establish quality management processes and expectations for staff of the Veterans Crisis Line, including with respect to reporting of adverse events and close calls.

SEC. 1076. ANNUAL COMMON CAUSE ANALYSIS FOR CALLERS TO

VETERANS CRISIS LINE WHO DIE BY SUICIDE.

(a) In General.--Not less frequently than annually, the Secretary shall perform a common cause analysis for all identified callers to the Veterans Crisis Line that died by suicide during the one-year period preceding the conduct of the analysis before the caller received contact with emergency services and in which the Veterans Crisis Line was the last point of contact.

(b) Submittal of Results.--The Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department the results of each analysis conducted under subsection (a).

(c) Application of Themes or Lessons.--The Secretary shall apply any themes or lessons learned under an analysis under subsection (a) to updating training and standards of practice for staff of the Veterans Crisis Line.

Subpart C--Guidance for High-Risk Callers

SEC. 1077. DEVELOPMENT OF ENHANCED GUIDANCE AND PROCEDURES

FOR RESPONSE TO CALLS RELATED TO SUBSTANCE USE

AND OVERDOSE RISK.

Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with national experts within the Department on substance use disorder and overdose, shall--

(1) develop enhanced guidance and procedures to respond to calls to the Veterans Crisis Line related to substance use and overdose risk;

(2) update training materials for staff of the Veterans Crisis Line in response to such enhanced guidance and procedures; and

(3) update criteria for monitoring compliance with such enhanced guidance and procedures.

SEC. 1078. REVIEW AND IMPROVEMENT OF STANDARDS FOR EMERGENCY

DISPATCH.

(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary shall--

(1) review the current emergency dispatch standard operating procedure of the Veterans Crisis Line to identify any additions to such procedure to strengthen communication regarding--

(A) emergency dispatch for disconnected callers; and

(B) the role of social service assistants in requesting emergency dispatch and recording such dispatches; and

(2) update such procedure to include the additions identified under paragraph (1).

(b) Training.--The Secretary shall ensure that all staff of the Veterans Crisis Line are trained on all updates made under subsection (a)(2) to the emergency dispatch standard operating procedure of the Veterans Crisis Line.

Subpart D--Oversight and Clarification of Staff Roles and

Responsibilites

SEC. 1079. OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS

AND CLARIFICATION OF JOB RESPONSIBILITIES.

Not later than one year after the date of the enactment of this Act, the Secretary shall--

(1) establish oversight mechanisms to ensure that social service assistants and supervisory social service assistants working with the Veterans Crisis Line are appropriately trained and implementing guidance of the Department regarding the Veterans Crisis Line; and

(2) refine standard operating procedures to delineate roles and responsibilities for all levels of supervisory social service assistants working with the Veterans Crisis Line.

PART II--PILOT PROGRAMS AND RESEARCH ON VETERANS CRISIS LINE

Subpart A--Pilot Programs

SEC. 1080. EXTENDED SAFETY PLANNING PILOT PROGRAM FOR

VETERANS CRISIS LINE.

(a) In General.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a pilot program to determine whether a lengthier, templated safety plan used in clinical settings could be applied in call centers for the Veterans Crisis Line.

(b) Briefing.--Not later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program.

SEC. 1081. CRISIS LINE FACILITATION PILOT PROGRAM.

(a) In General.--Commencing not later than one year after the date of the enactment of this Act, the Secretary shall carry out a pilot program on the use of crisis line facilitation to increase use of the Veterans Crisis Line among high-risk veterans.

(1) Crisis line facilitation.--The term ``crisis line facilitation'', with respect to a high-risk veteran, means the presentation by a therapist of psychoeducational information about the Veterans Crisis Line and a discussion of the perceived barriers and facilitators to future use of the Veterans Crisis Line for the veteran, which culminates in the veteran calling the Veterans Crisis Line with the therapist to provide firsthand experiences that may counter negative impressions of the Veterans Crisis Line.

(2) High-risk veteran.--The term ``high-risk veteran'' means a veteran receiving inpatient mental health care following a suicidal crisis.

Subpart B--Research on Effectiveness

SEC. 1082. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH ON

EFFECTIVENESS AND OPPORTUNITIES FOR IMPROVEMENT

OF VETERANS CRISIS LINE.

There is authorized to be appropriated to the Secretary

$5,000,000 for the Mental Illness Research, Education, and Clinical Centers of the Department to conduct research on the effectiveness of the Veterans Crisis Line and areas for improvement for the Veterans Crisis Line.

PART III--TRANSITION OF CRISIS LINE NUMBER

SEC. 1083. FEEDBACK ON TRANSITION OF CRISIS LINE NUMBER.

(a) In General.--The Secretary shall solicit feedback from veterans service organizations on how to conduct outreach to members of the Armed Forces, veterans, their family members, and other members of the military and veterans community on the move to 988 as the new, national three-digit suicide and mental health crisis hotline, which is expected to be implemented by July 2022, to minimize confusion and ensure veterans are aware of their options for reaching the Veterans Crisis Line.

(b) Nonapplication of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any feedback solicited under subsection (a).

(c) Veterans Service Organization Defined.--In this section, the term ``veterans service organization'' means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

______

SA 3986. Mr. TESTER submitted an amendment intended to be proposed by him to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VIII, add the following:

SEC. 807. EXTENSION OF AUTHORITY FOR THE ENHANCED TRANSFER OF

TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE

LABORATORIES.

Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66), as amended by section 818 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), is amended by striking

``2021'' and inserting ``2026''.

______

SA 3987. Mr. TESTER submitted an amendment intended to be proposed by him to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. __. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN

VETERANS.

Section 8(o)(19) of the United States Housing Act of 1937

(42 U.S.C. 1437f(o)(19)) is amended--

(1) by redesignating subparagraph (D) as subparagraph (E); and

(2) by inserting after subparagraph (C) the following new subparagraph (D):

``(D) Indian veterans housing rental assistance program.--

``(i) Definitions.--In this subparagraph:

``(I) Eligible indian veteran.--The term `eligible Indian veteran' means an Indian veteran who is--

``(aa) homeless or at risk of homelessness; and

``(bb) living--

``(AA) on or near a reservation; or

``(BB) in or near any other Indian area.

``(II) Eligible recipient.--The term `eligible recipient' means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).

``(III) Indian; indian area.--The terms `Indian' and

`Indian area' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).

``(IV) Indian veteran.--The term `Indian veteran' means an Indian who is a veteran.

``(V) Program.--The term `Program' means the Tribal HUD-VASH program carried out under clause (ii).

``(VI) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

``(ii) Program specifications.--The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the

`Tribal HUD-VASH program', in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans.

``(iii) Model.--

``(I) In general.--Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs.

``(II) Exceptions.--

``(aa) Secretary of housing and urban development.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.

``(bb) Secretary of veterans affairs.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.

``(iv) Eligible recipients.--The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients.

``(v) Funding criteria.--The Secretary shall award grants under the Program based on--

``(I) need;

``(II) administrative capacity; and

``(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs.

``(vi) Administration.--Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that recipients shall--

``(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and

``(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans.

``(vii) Consultation.--

``(I) Grant recipients; tribal organizations.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program.

``(II) Indian health service.--The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program.

``(viii) Waiver.--

``(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans.

``(II) Exception.--The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.

``(ix) Renewal grants.--The Secretary may--

``(I) set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and

``(II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program.

``(x) Reporting.--

``(I) In general.--Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall--

``(aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and

``(bb) submit a report describing the results of the review under item (aa) to--

``(AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and

``(BB) the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.

``(II) Analysis of housing stock limitation.--The Secretary shall include in the initial report submitted under subclause

(I) a description of--

``(aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program;

``(bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and

``(cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program.''.

______

SA 3988. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title I, add the following:

SEC. 138. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF MARK

VI PATROL BOATS.

(a) Prohibition.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to retire, prepare to retire, or place in storage any Mark VI patrol boat.

(b) Report.--Not later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following:

(1) The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the combatant commanders.

(2) A review of operating concepts for escorting high value units without the Mark VI patrol boat.

(3) A description of the manner and concept of operations in which the Marine Corps could use the Mark VI patrol boat to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region.

(4) An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or antiship cruise missiles, such as the Long Range Anti Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (3).

(5) A description of resources required for the Marine Corps to possess, man, train, and maintain the Mark VI patrol boat in the performance of the concept of operations described in paragraph (3) and modifications described in paragraph (4).

(6) At the discretion of the Commandant of the Marine Corps, a plan for the Marine Corps to take possession of the Mark VI patrol boat not later than September 30, 2022.

(7) Such other matters as the Secretary determines appropriate.

______

SA 3989. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VI, add the following:

SEC. 607. IMPROVEMENTS TO FINANCIAL LITERACY TRAINING.

(a) Improvements to Financial Literacy Training.--

(1) In general.--Subsection (a) of section 992 of title 10, United States Code, is amended--

(A) in paragraph (2)(C), by striking ``grade E-4'' and inserting ``grade E-6'';

(B) by adding at the end the following new paragraph:

``(5) In carrying out the program to provide training under this subsection, the Secretary concerned shall--

``(A) require the development of a standard curriculum across all military departments for such training that--

``(i) focuses on ensuring that members of the armed forces who receive such training develop proficiency in financial literacy rather than focusing on completion of training modules;

``(ii) is based on best practices in the financial services industry, such as the use of a social learning approach and the incorporation of elements of behavioral economics or gamification; and

``(iii) is designed to address the needs of members and their families;

``(B) ensure that such training--

``(i) is conducted by a financial services counselor who is qualified as described in paragraph (3) of subsection (b) or by other means as described in paragraph (2)(A)(ii) of that subsection;

``(ii) is provided, to the extent practicable--

``(I) in a class held in person with fewer than 50 attendees; or

``(II) one-on-one between the member and a financial services counselor or a qualified representative described in subclause (III) or (IV) of subsection (b)(2)(A)(ii); and

``(iii) is provided using computer-based methods only if methods described in clause (ii) are impractical or unavailable;

``(C) ensure that--

``(i) an in-person class described in subparagraph

(B)(i)(I) is available to the spouse of a member; and

``(ii) if a spouse of a member is unable to attend such a class in person--

``(I) training is available to the spouse through Military OneSource; and

``(II) the member is informed during the in-person training of the member under subparagraph (B)(i) with respect to how the member's spouse can access the training;

``(D) ensure that such training, and all documents and materials provided in relation to such training, are presented or written in manner that the Secretary determines can be understood by the average enlisted member.''.

(2) Qualified representatives for counseling for members and spouses.--Subsection (b)(2)(A)(ii) of such section is amended by adding at the end the following:

``(IV) Through qualified representatives of banks or credit unions operating on military installations pursuant to an operating agreement with the Department of Defense or a military department.''.

(3) Provision of retirement information.--Such section is further amended--

(A) by redesignating subsections (d) and (e) as subsections

(e) and (g), respectively; and

(B) by inserting after subsection (c) the following new subsection (d):

``(d) Provision of Retirement Information.--In each training under subsection (a) and in each meeting to provide counseling under subsection (b), a member of the armed forces shall be provided with--

``(1) all forms relating to retirement that are relevant to the member, including with respect to the Thrift Savings Plan;

``(2) information with respect to how to find additional information; and

``(3) contact information for counselors provided through--

``(A) the Personal Financial Counselor program, the Personal Financial Management program, or Military OneSource; or

``(B) nonprofit organizations or agencies that have in effect agreements with the Department of Defense to provide financial services counseling.''.

(4) Advisory council on financial readiness.--Such section is further amended by inserting after subsection (e), as redesignated by paragraph (3)(A), the following new subsection:

``(f) Advisory Council on Financial Readiness.--

``(1) Establishment.--There is established an Advisory Council on Financial Readiness (in this section referred to as the `Council').

``(2) Membership.--

``(A) In general.--The Council shall consist of 12 members appointed by the Secretary of Defense, as follows:

``(i) Three shall be representatives of military support organizations.

``(ii) Three shall be representatives of veterans service organizations.

``(iii) Three shall be representatives of private, nonprofit organizations with a vested interest in education and communication of financial education and financial services.

``(iv) Three shall be representatives of governmental entities with a vested interest in education and communication of financial education and financial services.

``(B) Qualifications.--The Secretary shall appoint members to the Council from among individuals qualified to appraise military compensation, military retirement, and financial literacy training.

``(C) Terms.--Members of the Council shall serve for terms of three years, except that, of the members first appointed--

``(i) four shall be appointed for terms of one year;

``(ii) four shall be appointed for terms of two years; and

``(iii) four shall be appointed for terms of three years.

``(D) Reappointment.--A member of the Council may be reappointed for additional terms.

``(E) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term of office for which such member's predecessor was appointed shall be appointed only for the remainder of such term.

``(3) Duties and functions.--The Council shall--

``(A) advise the Secretary with respect to matters relating to the financial literacy and financial readiness of members of the armed forces; and

``(B) submit to the Secretary recommendations with respect to those matters.

``(4) Meetings.--

``(A) In general.--The Council shall meet not less frequently than twice each year and at such other times as the Secretary requests.

``(B) Quorum.--A majority of members shall constitute a quorum and action shall be taken only by a majority vote of the members present and voting.

``(5) Support services.--The Secretary--

``(A) shall provide to the Council an executive secretary and such secretarial, clerical, and other support services as the Council considers necessary to carry out the duties of the Council; and

``(B) may request that other Federal agencies provide statistical data, reports, and other information that is reasonably accessible to assist the Council in the performance of the duties of the Council.

``(6) Compensation.--While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5.

``(7) Annual report.--Not less frequently than annually, the Secretary shall submit to Congress a report that--

``(A) describes each recommendation received from the Council during the preceding year; and

``(B) includes a statement, with respect to each such recommendation, of whether the Secretary has implemented the recommendation and, if not, a description of why the Secretary has not implemented the recommendation.

``(8) Termination.--Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.) (relating to termination) shall not apply to the Council.

``(9) Definitions.--In this subsection:

``(A) Military support organization.--The term `military support organization' means an organization that provides support to members of the armed forces and their families with respect to education, finances, health care, employment, and overall well-being.

``(B) Veterans service organization.--The term `veterans service organization' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38.''.

(5) Report on effectiveness of financial services counseling.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on financial literacy training and financial services counseling provided under section 992 of title 10, United States Code, as amended by this subsection, that assesses--

(A) the effectiveness of such training and counseling, which shall be determined using actual localized data similar to the Unit Risk Inventory Survey of the Army; and

(B) whether additional training or counseling is necessary for enlisted members of the Armed Forces or for officers.

(b) Modifications to Lump Sum Payments of Certain Retired Pay.--

(1) Spousal consent to lump sum payment.--Subsection (b) of section 1415 of title 10, United States Code, is amended by adding at the end the following:

``(7) Spousal consent for election of lump sum payment.--An eligible person who is married may not elect to receive a lump sum payment under this subsection without the concurrence of the person's spouse, unless the eligible person establishes to the satisfaction of the Secretary concerned--

``(A) that the spouse's whereabouts cannot be determined; or

``(B) that, due to exceptional circumstances, requiring the person to seek the spouse's consent would otherwise be inappropriate.''.

(2) Disclosures relating to offer of lump sum payment.--Such section is further amended--

(A) by redesignating subsection (e) as subsection (g); and

(B) by inserting after subsection (d) the following new subsections:

``(e) Disclosures Relating to Offer of Lump Sum Payment.--

``(1) In general.--Not later than 90 days before offering an eligible person a lump sum payment under this section, the Secretary of Defense shall provide a notice to the person, and the person's spouse, if married, that includes the following:

``(A) A description of the available retirement benefit options, including--

``(i) the monthly covered retired pay that the person would receive after the person attains retirement age if the person is not already receiving such pay;

``(ii) the monthly covered retired pay that the person would receive if payments begin immediately; and

``(iii) the amount of the lump sum payment the person would receive if the person elects to receive the lump sum payment.

``(B) An explanation of how the amount of the lump sum payment was calculated, including the interest rate and mortality assumptions used in the calculation, and whether any additional benefits were included in the amount.

``(C) A description of how the option to take the lump sum payment compares to the value of the covered retired pay the person would receive if the person elected not to take the lump sum payment.

``(D) A statement of whether, by purchasing a retail annuity using the lump sum payment, it would be possible to replicate the stream of payments the person would receive if the person elected not to take the lump sum payment.

``(E) A description of the potential implications of accepting the lump sum payment, including possible benefits and reductions in such benefits, investment risks, longevity risks, and loss of protection from creditors.

``(F) A description of the tax implications of accepting the lump sum payment, including rollover options, early distribution penalties, and associated tax liabilities.

``(G) Instructions for how to accept or reject the offer of the lump sum payment and the date by which the person is required to accept or reject the offer.

``(H) Contact information for the person to obtain more information or ask questions about the option to accept the lump sum payment, including the opportunity for a one-on-one meeting with a counselor provided through the Personal Financial Counselor program or the Personal Financial Management program.

``(I) A statement that--

``(i) financial advisers (other than financial services counselors provided through the Personal Financial Counselor program or the Personal Financial Management program) may not be required to act in the best interests of the person or the person's beneficiaries with respect to determining whether to take the lump sum payment; and

``(ii) if the person or a beneficiary of the person is seeking financial advice from a financial adviser not affiliated with the armed forces, the person or beneficiary should obtain written confirmation that the adviser is acting as a fiduciary to the person or beneficiary.

``(J) Such other information as the Secretary considers to be necessary or relevant.

``(2) Form.--The Secretary shall ensure that any notice provided to an eligible person under paragraph (1)--

``(A) is written in manner that the Secretary determines can be understood by the average enlisted member of the armed forces; and

``(B) is presented in a manner that is not biased for or against acceptance of the offer of the lump sum payment.

``(f) Report Required.--Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, and annually thereafter, the Secretary shall submit to the congressional defense committees report that--

``(1) sets forth the number of members of the armed forces who take a lump sum payment under this section; and

``(2) describes the details of the arrangements relating to taking such a payment, including--

``(A) whether members have taken a lump sum payment in exchange for reduced future benefits; and

``(B) information relating to the members who have taken a lump sum payment, such as the age and rank of such members.''.

(c) Training of Certain Officers Relating to Blended Retirement System.--The Secretary of Defense shall ensure that each member of the Armed Forces in pay grade E-9 or below or in pay grade O-6 or below receives training with respect to the features of the Blended Retirement System.

(d) Report on Improved Access to Thrift Savings Plan.--Not later than 18 months after the date of the enactment of this Act, the Federal Retirement Thrift Investment Board shall submit to Congress a plan for improving the access of members of the Armed Forces to information about the Thrift Savings Plan that--

(1) takes into account the time likely to pass between the mailing of account information to a member of the Armed Forces and the time the member is likely to receive the information; and

(2) makes recommendations for statutory changes necessary to improve such access.

(e) Regulations.--The Secretary of Defense may prescribe such regulations as are necessary to carry out the amendments made by this section.

______

SA 3990. Ms. ERNST (for herself, Mr. Kelly, Mr. Daines, Mr. Hickenlooper, Mr. Cramer, Mr. Ossoff, Ms. Collins, Mr. Bennet, Mr. Grassley, Mr. King, Mr. Tillis, Mrs. Gillibrand, Mr. Risch, Mr. Blunt, Mr. Sullivan, Mr. Menendez, Mr. Crapo, Mr. Van Hollen, Mr. Marshall, Mr. Wyden, Mr. Padilla, Mrs. Shaheen, Ms. Rosen, Ms. Hirono, Ms. Klobuchar, Mr. Graham, Mr. Scott of Florida, Mr. Tuberville, Mr. Hoeven, Mr. Brown, Ms. Hassan, and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VII, add the following:

SEC. 728. EVALUATION AND STANDARDIZATION OF SUICIDE

PREVENTION EFFORTS BY THE DEPARTMENT OF

DEFENSE.

Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall--

(1) direct the Defense Suicide Prevention Office to collaborate with each Secretary of a military department--

(A) to develop and implement a process to ensure that individual non-clinical suicide prevention efforts are assessed for effectiveness among members of the Armed Forces; and

(B) to develop consistent suicide-related definitions to be used throughout the Department of Defense;

(2) require the use of suicide-related definitions developed under paragraph (1)(B) to be used in any updated policies of the Department of Defense or any military department; and

(3) enhance collaboration between the Defense Suicide Prevention Office and the Psychological Health Center of Excellence on the production of annual suicide reports to minimize duplication of efforts by the Department of Defense.

______

SA 3991. Ms. ERNST (for herself, Mr. Cotton, Mr. Grassley, Mr. Marshall, and Mr. Moran) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. PROHIBITION ON FEDERAL FUNDING TO ECOHEALTH

ALLIANCE, INC.

No funds authorized under this Act may be made available for any purpose to EcoHealth Alliance, Inc.

______

SA 3992. Ms. ERNST (for herself, Mrs. Feinstein, Mr. Cotton, and Mr. Padilla) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1064. NATIONAL MUSEUM OF THE SURFACE NAVY.

(a) Findings.--Congress makes the following findings:

(1) The United States Surface Navy represents the millions of sailors and thousands of ships that sail on oceans around the world to ensure the safety and freedom of Americans and all people.

(2) The Battleship IOWA is an iconic Surface Navy vessel that--

(A) served as home to hundreds of thousands of sailors from all 50 States; and

(B) is recognized as a transformational feat of engineering and innovation.

(3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, after which the Center established the Battleship IOWA Museum at the Port of Los Angeles in Los Angeles, California.

(4) The Battleship IOWA Museum is a museum and educational institution that--

(A) has welcomed millions of visitors from across the United States and receives support from thousands of Americans throughout the United States to preserve the legacy of those who served on the Battleship IOWA and all Surface Navy ships;

(B) is home to Los Angeles Fleet Week, which has the highest public engagement of any Fleet Week in the United States and raises awareness of the importance of the Navy to defending the United States, maintaining safe sea lanes, and providing humanitarian assistance;

(C) hosts numerous military activities, including enlistments, re-enlistments, commissionings, promotions, and community service days, with participants from throughout the United States;

(D) is a leader in museum engagement with innovative exhibits, diverse programming, and use of technology;

(E) is an on-site training platform for Federal, State, and local law enforcement personnel to use for a variety of training exercises, including urban search and rescue and maritime security exercises;

(F) is a partner with the Navy in carrying out Defense Support of Civil Authorities efforts by supporting training exercises and responses to crises, including the COVID-19 pandemic;

(G) is a science, technology, engineering, and mathematics education platform for thousands of students each year;

(H) is an instrumental partner in the economic development efforts along the Los Angeles waterfront by attracting hundreds of thousands of visitors annually and improving the quality of life for area residents; and

(I) provides a safe place for--

(i) veteran engagement and reintegration into the community through programs and activities that provide a sense of belonging to members of the Armed Forces and veterans; and

(ii) proud Americans to come together in common purpose to highlight the importance of service to community for the future of the United States.

(5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles.

(6) The National Museum of the Surface Navy will--

(A) be the official museum to honor millions of Americans who have proudly served and continue to serve in the Surface Navy since the founding of the Navy on October 13, 1775;

(B) be a community-based and future-oriented museum that will raise awareness and educate the public on the important role of the Surface Navy in ensuring international relations, maintaining safe sea transit for free trade, preventing piracy, providing humanitarian assistance, and enhancing the role of the United States throughout the world;

(C) build on successes of the Battleship IOWA Museum by introducing new exhibits and programs with a focus on education, veterans, and community;

(D) borrow and exhibit artifacts from the Navy and other museums and individuals throughout the United States; and

(E) work with individuals from the Surface Navy community and the public to ensure that the story of the Surface Navy community is accurately interpreted and represented.

(b) Designation.--

(1) In general.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the ``National Museum of the Surface Navy''.

(2) Purposes.--The purposes of the National Museum of the Surface Navy shall be to--

(A) provide and support--

(i) a museum dedicated to the United States Surface Navy community; and

(ii) a platform for education, community, and veterans programs;

(B) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and

(C) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

______

SA 3993. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SECTION 1. EXPANDING THE DEFINITION OF AGGRAVATED FELONIES

UNDER THE IMMIGRATION AND NATIONALITY ACT.

(a) Short Titles.--This section may be cited as the

``Better Enforcement of Grievous Offenses by unNaturalized Emigrants'' or the ``BE GONE Act''.

(b) In General.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--

(1) in subparagraph (T), by striking ``and'' at the end;

(2) in subparagraph (U), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(V) sexual assault and aggravated sexual violence.''.

______

SA 3994. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title II, insert the following:

SEC. 2____. REPORT DETAILING COMPLIANCE WITH DISCLOSURE

REQUIREMENTS FOR RECIPIENTS OF RESEARCH AND

DEVELOPMENT FUNDS.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing compliance with the disclosure requirements for recipients of research and development funds required under section 2374b of title 10, United States Code.

______

SA 3995. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XII, add the following:

SEC. 1224. ASSESSMENT OF AND REPORT ON [COUNTER-UAS SYSTEM]

CAPABILITIES OF MILITARY FORCES OF UNITED

STATES PARTNERS IN IRAQ.

(a) In General.--Not later than March 1, 2022, the Secretary of Defense shall --

(1) complete an assessment of--

(A) the current state of [counter-UAS system (as defined in section 44801 of title 49, United States Code) capabilities] of military forces of United States partners in Iraq, including in the Iraqi Kurdistan Region; and

(B) the implications of such capabilities for the security of the United States and United States partners against attacks by unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) in Iraq; and

(2) submit to the congressional defense committees a report on the findings of the assessment completed under paragraph

(1).

(b) Elements.--The report submitted under subsection (a)(2) shall include--

(1) the current level of [counter-UAS system] training and amount of equipment available to the military forces of United States partners in Iraq, including in the Iraqi Kurdistan Region;

(2) a description of the type of additional training and equipment needed to maximize the level of [counter-UAS system] capabilities of such military forces;

(3) an analysis of the availability of additional training and equipment required to maximize such capabilities; and

(4) any other matter the Secretary of Defense considers appropriate.

______

SA 3996. Mr. PORTMAN (for himself and Mr. Brown) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title III, add the following:

SEC. 376. REPORT ON COSTS AND BENEFITS OF MAINTAINING A

MINIMUM OF 12 PRIMARY AIRCRAFT AUTHORIZED FOR

EACH TYPE OF SPECIALTY MISSION AIRCRAFT.

(a) Sense of Senate.--It is the sense of the Senate that it is important to maintain safety and increase mission readiness and interoperability of the weather reconnaissance, aerial spray, and firefighting system specialty mission capabilities of the Air Force Reserve Command.

(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the costs and benefits of maintaining a minimum of 12 primary aircraft authorized for each type of specialty mission aircraft.

______

SA 3997. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REPORT ON THE DEMILITARIZATION ABROAD OF

UNSERVICEABLE MUNITIONS LOCATED OUTSIDE THE

UNITED STATES.

(a) In General.--Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth an assessment of the feasibility and advisability of demilitarizing abroad unserviceable munitions that are located outside the United States in order to avoid the costs of transporting such munitions to the United States for demilitarization.

(b) Considerations.--In preparing the evaluation required for the report, the Secretary shall take into account the following:

(1) The need for mitigation of adverse environmental impacts, or impacts to the health and safety of local populations, in the demilitarization of unserviceable munitions.

(2) The availability and ease of use of munitions demilitarization technologies and mechanisms abroad, whether or not currently in use by the Army, including available non-incineration technologies.

(3) Any costs savings achievable through demilitarization of unserviceable munitions abroad.

(c) Technologies.--If the Secretary determines for purposes of the report that the demilitarization abroad of unserviceable munitions located outside the United States is feasible and advisable, the report shall include a description and assessment of various technologies and other mechanisms that would be suitable for such demilitarization.

______

SA 3998. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REPORT ON ENERGY PRODUCT SUPPLY CHAINS.

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the strength and vitality of United States energy product supply chains, including--

(1) the level of dependence of the United States on foreign nations for energy products;

(2) the impact of Federal regulations and statutes, including subtitle II of title 46, United States Code, on United States energy product supply chains; and

(3) recommendations on how to secure and protect United States energy product supply chains.

______

SA 3999. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. PARTICIPATION IN HEALTH SAVINGS ACCOUNTS.

(a) In General.--Subparagraph (C) of section 223(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows:

``(C) Special rule for individuals eligible for certain department of defense or veterans benefits.--An individual shall be treated as an eligible individual for any period if the individual--

``(i) receives hospital care or medical services under any law administered by the Secretary of Veterans Affairs for a service-connected disability (within the meaning of section 101(16) of title 38, United States Code),

``(ii) is covered under the TRICARE program (as defined in section 1072 of title 10, United States Code), or

``(iii) is enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code.''.

(b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021.

SEC. ____. TREATMENT OF DIETARY SUPPLEMENTS AS MEDICAL

EXPENSES FOR CERTAIN INDIVIDUALS.

(a) In General.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

``(E) Dietary supplements.--In the case of an individual to whom subsection (c)(1)(C) applies, amounts paid for dietary supplements shall be treated as paid for medical care. For purposes of this paragraph, the term `dietary supplement' has the meaning given such term by section 201(ff) of the Federal Food, Drug, and Cosmetic Act.''.

(b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021.

______

SA 4000. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. __. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD BUREAU

AS REIMBURSEMENT FROM STATES.

Section 710 of title 32, United States Code, is amended by adding at the end the following new subsection:

``(g) Treatment of Reimbursed Funds.--Any funds received by the National Guard Bureau from a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands as reimbursement under this section for the use of military property shall be credited to--

``(1) the appropriation, fund, or account used in incurring the obligation; or

``(2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.''.

______

SA 4001. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DEPARTMENT OF DEFENSE SPECTRUM AUDIT.

(a) Audit and Report.--Not later than 1 year after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information and the Secretary of Defense shall jointly--

(1) conduct an audit of the electromagnetic spectrum that is assigned or otherwise allocated to the Department of Defense as of the date of the audit; and

(2) submit to Congress, and make available to each Member of Congress upon request, a report containing the results of the audit conducted under paragraph (1).

(b) Contents of Report.--The Assistant Secretary of Commerce for Communications and Information and the Secretary of Defense shall include in the report submitted under subsection (a)(2), with respect to the electromagnetic spectrum that is assigned or otherwise allocated to the Department of Defense as of the date of the audit--

(1) each particular band of spectrum being used by the Department of Defense;

(2) a description of each purpose for which a particular band described in paragraph (1) is being used, and how much of the band is being used for that purpose;

(3) the geographic area in which a particular band described in paragraph (1) is being used;

(4) whether a particular band described in paragraph (1) is used exclusively by the Department of Defense or shared with a non-Federal entity; and

(5) any portion of the spectrum that is not being used by the Department of Defense.

(a)(2) shall be submitted in unclassified form but may include a classified annex.

______

SA 4002. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. 10__. CONSTRUCTION OF NAVAL VESSELS IN SHIPYARDS IN

NORTH ATLANTIC TREATY ORGANIZATION COUNTRIES.

Section 8679 of title 10, United States Code, is amended--

(1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)'';

(2) by redesignating subsection (c) as subsection (d); and

(3) by inserting after subsection (b) the following new subsection (c):

``(c) Construction of Naval Vessels in Shipyards in NATO Countries.--The Secretary of the Navy may construct a naval vessel in a foreign shipyard if--

``(1) the shipyard is located within the boundaries of a member country of the North Atlantic Treaty Organization; and

``(2) the cost of construction of such vessel in such shipyard will be less than the cost of construction of such vessel in a domestic shipyard.''.

______

SA 4003. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title IV, insert the following:

SEC. __. REPORTING ON END STRENGTH RATIONALES.

Section 115a(b) of title 10, United States Code, is amended--

(1) by inserting ``(1)'' before ``The Secretary'';

(2) by inserting ``, including an assessment of the most important threats facing the United States by regional command and how personnel end strength level requests address those specific threats'' after ``in effect at the time''; and

(3) by adding at the end the following new paragraph:

``(2) Not later than May 1 each year, the Secretary shall provide a briefing to Congress including--

``(A) the rationale for recommended increases or decreases in active, reserve, and civilian personnel for each component of the Department of Defense;

``(B) the rationale for recommended increases or decreases in active, reserve, and civilian personnel for each of the regional combatant commands;

``(C) the primary functions or missions of military and civilian personnel in each regional combatant command; and

``(D) an assessment of any areas in which decreases in active, reserve, or civilian personnel would not result in a decrease in readiness.''.

______

SA 4004. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CATEGORICAL EXCLUSIONS IN ENVIRONMENTAL REVIEWS.

(a) Definitions.--In this section:

(1) Environmental assessment.--The term ``environmental assessment'' has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).

(2) Environmental impact statement.--The term

``environmental impact statement'' means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

(3) Proposed action.--The term ``proposed action'' means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) proposed to be carried out by the Secretary under this Act.

(4) Secretary.--The term ``Secretary'' means the Secretary of Defense.

(b) Categorical Exclusions.--

(1) In general.--Notwithstanding any other provision of law and subject to paragraph (2), the Secretary may, with respect to a proposed action and without further approval, use a categorical exclusion under title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) that has been approved by--

(A)(i) another Federal agency; and

(ii) the Council on Environmental Quality; or

(B) an Act of Congress.

(2) Requirements.--The Secretary may use a categorical exclusion described in paragraph (1) if the Secretary--

(A) carefully reviews the description of the proposed action to ensure that it fits within the category of actions described in the categorical exclusion; and

(B) considers the circumstances associated with the proposed action to ensure that there are no extraordinary circumstances that warrant the preparation of an environmental assessment or an environmental impact statement.

______

SA 4005. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 12__. REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON

DEFENSE.

(a) Finding.--Congress finds that section 1003 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 63 Stat. 2241)--

(1) expresses the sense of Congress that, due to threats that are ever-changing, Congress must be informed with respect to allied contributions to the common defense to properly assess the readiness of the United States and the countries described in subsection (c)(2) for threats; and

(2) requires the Secretary to submit to Congress an annual report on the contributions of allies to the common defense.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the threats facing the United States--

(A) extend beyond the global war on terror; and

(B) include near-peer threats; and

(2) the President should seek from each country described in subsection (c)(2) acceptance of international security responsibilities and agreements to make contributions to the common defense in accordance with the collective defense agreements or treaties to which such country is a party.

(1) In general.--Not later than March 1 each year, the Secretary, in coordination with the heads of other Federal agencies, as the Secretary determines to be necessary, shall submit to the appropriate committees of Congress a report containing a description of--

(A) the annual defense spending by each country described in paragraph (2), including available data on nominal budget figures and defense spending as a percentage of the gross domestic products of each such country for the fiscal year immediately preceding the fiscal year in which the report is submitted;

(B) the activities of each such country to contribute to military or stability operations in which the Armed Forces of the United States are a participant or may be called upon in accordance with a cooperative defense agreement to which the United States is a party;

(D) any actions undertaken by the United States or by other countries to minimize such limitations.

(2) Countries described.--The countries described in this paragraph are the following:

(A) Each member state of the North Atlantic Treaty Organization.

(B) Each member state of the Gulf Cooperation Council.

(C) Each country party to the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro September 2, 1947, and entered into force December 3, 1948

(TIAS 1838).

(D) Australia.

(E) Japan.

(F) New Zealand.

(G) The Philippines.

(H) South Korea.

(I) Thailand.

(3) Form.--Each report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

(4) Availability.--A report submitted under paragraph (1) shall be made available on request to any Member of Congress.

(d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and

(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

______

SA 4006. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CLARIFICATION OF EMERGENCY WAR FUNDING FOR PURPOSES

OF DETERMINING ELIGIBLE COSTS.

(a) Definition of Emergency War Funding.--For purposes of determining eligible costs for emergency war funding, the term ``emergency war funding''--

(1) means a contingency operation (as defined in section 101(a) of title 10, United States Code) conducted by the Department of Defense that--

(A) is conducted in a foreign country;

(B) has geographical limits;

(D) provides only--

(i) replacement of ground equipment lost or damaged in conflict;

(ii) equipment modifications;

(iii) munitions;

(iv) replacement of aircraft lost or damaged in conflict;

(v) military construction for short-term temporary facilities;

(vi) direct war operations; and

(vii) fuel; and

(2) does not include any operation that provides for--

(A) research and development; or

(B) training, equipment, and sustainment activities for foreign military forces.

(b) Report to Be Included in the President's Budget Submission to Congress.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Director of the Office of Management and Budget shall submit to Congress a report on the effect of the clarified definition of emergency war funding under subsection (a) on the process for determining eligible costs for emergency war funding.

(2) Elements.--The report required by paragraph (1) shall include the following:

(A) For the subsequent fiscal year, a plan for transferring to the base budget any activities that do not meet such definition.

(B) For each of the subsequent five fiscal years, the anticipated emergency war funding based on such clarified definition.

(c) Point of Order Against Funding for Contingency Operations That Does Not Meet the Requirements for Emergency War Funding.--

(1) In general.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following:

``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS

LEGISLATION

``SEC. 441. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY

OPERATIONS THAT DOES NOT MEET THE REQUIREMENTS

FOR EMERGENCY WAR FUNDING.

``(a) Definitions.--In this section--

``(1) the term `contingency operation' has the meaning given that term in section 101 of title 10, United States Code; and

``(2) the term `emergency war funding' has the meaning given that term in section [___] of the National Defense Authorization Act for Fiscal Year 2022.

``(b) Point of Order.--

``(1) In general.--In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that provides new budget authority for a contingency operation, unless the provision of new budget authority meets the requirements to constitute emergency war funding.

``(2) Point of order sustained.--If a point of order is made by a Senator against a provision described in paragraph

(1), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor.

``(c) Form of the Point of Order.--A point of order under subsection (b)(1) may be raised by a Senator as provided in section 313(e).

``(d) Conference Reports.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection

(b)(1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.

``(e) Supermajority Waiver and Appeal.--

``(1) Waiver.--Subsection (b)(1) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.

``(2) Appeals.--Debate on appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (b)(1).''.

(2) Technical and conforming amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following:

``PART C--Additional Limitations on Budgetary and Appropriations

Legislation

``Sec. 441. Point of order against funding for contingency operations that does not meet the requirements for emergency war funding.''.

______

SA 4007. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. LIMITATION ON THE EXTENSION OR ESTABLISHMENT OF

NATIONAL MONUMENTS IN THE STATE OF UTAH.

Section 320301(d) of title 54, United States Code, is amended--

(1) in the heading, by striking ``Wyoming'' and inserting

``the State of Wyoming or Utah''; and

(2) by striking ``Wyoming'' and inserting ``the State of Wyoming or Utah''.

______

SA 4008. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. GREATER SAGE-GROUSE PROTECTION AND RECOVERY.

(a) Purposes.--The purposes of this section are--

(1) to facilitate implementation of State management plans over a period of multiple, consecutive greater sage-grouse life cycles; and

(2) to demonstrate the efficacy of the State management plans for the protection and recovery of the greater sage-grouse.

(b) Definitions.--In this section:

(1) Federal resource management plan.--The term ``Federal resource management plan'' means--

(A) a land use plan prepared by the Bureau of Land Management for public land pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); and

(B) a land and resource management plan prepared by the Forest Service for National Forest System land pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

(2) Greater sage-grouse.--The term ``greater sage-grouse'' means a sage-grouse of the species Centrocercus urophasianus.

(3) State management plan.--The term ``State management plan'' means a State-approved plan for the protection and recovery of the greater sage-grouse.

(1) Endangered species act of 1973 findings.--

(A) Delay required.--The Secretary of the Interior may not modify or invalidate the finding of the Director of the United States Fish and Wildlife Service announced in the proposed rule entitled ``Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List Greater Sage-Grouse (Centrocercus urophasianus) as an Endangered or Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015)) during the 10-year period beginning on the date of enactment of this Act.

(B) Effect on other laws.--The delay required under subparagraph (A) is and shall remain effective without regard to any other statute, regulation, court order, legal settlement, or any other provision of law or in equity.

(C) Effect on conservation status.--The conservation status of the greater sage-grouse shall be considered not to warrant listing of the greater sage-grouse as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) during the 10-year period beginning on the date of enactment of this Act.

(2) Coordination of federal land management and state conservation and management plans.--

(A) Prohibition on withdrawal and modification of federal resource management plans.--On notification by the Governor of a State with a State management plan, the Secretary of the Interior and the Secretary of Agriculture may not make, modify, or extend any withdrawal or amend or otherwise modify any Federal resource management plan applicable to Federal land in the State in a manner inconsistent with the State management plan for, as specified by the Governor in the notification, a period of not fewer than 5 years beginning on the date of the notification.

(B) Retroactive effect.--In the case of any State that provides notification under subparagraph (A), if any withdrawal was made, modified, or extended or any amendment or modification of a Federal resource management plan applicable to Federal land in the State was issued after June 1, 2014, and the withdrawal, amendment, or modification altered the management of the greater sage-grouse or the habitat of the greater sage-grouse--

(i) implementation and operation of the withdrawal, amendment, or modification shall be stayed to the extent that the withdrawal, amendment, or modification is inconsistent with the State management plan; and

(ii) the Federal resource management plan, as in effect immediately before the withdrawal, amendment, or modification, shall apply instead with respect to the management of the greater sage-grouse and the habitat of the greater sage-grouse, to the extent consistent with the State management plan.

(C) Determination of inconsistency.--Any disagreement regarding whether a withdrawal, amendment, or other modification of a Federal resource management plan is inconsistent with a State management plan shall be resolved by the Governor of the affected State.

(3) Relation to national environmental policy act of 1969.--With regard to any major Federal action consistent with a State management plan, any findings, analyses, or conclusions regarding the greater sage-grouse and the habitat of the greater sage-grouse under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have a preclusive effect on the approval or implementation of the major Federal action in that State.

(4) Reporting requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter through the date that is 10 years after that date of enactment, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the implementation by the Secretaries of, and the effectiveness of, systems to monitor the status of greater sage-grouse on Federal land under the jurisdiction of the Secretaries.

(5) Judicial review.--Notwithstanding any other provision of law (including regulations), this subsection, including any determination made under paragraph (2)(C), shall not be subject to judicial review.

SEC. ___. IMPLEMENTATION OF LESSER PRAIRIE-CHICKEN RANGE-WIDE

CONSERVATION PLAN AND OTHER CONSERVATION

MEASURES.

(a) Definitions.--In this section:

(1) Candidate conservation agreement; candidate conservation agreement with assurances.--The terms

``Candidate Conservation Agreement'' and ``Candidate Conservation Agreement with Assurances'' have the meanings given those terms in the announcement of the Department of the Interior and the Department of Commerce entitled

``Announcement of Final Policy for Candidate Conservation Agreements with Assurances'' (64 Fed. Reg. 32726 (June 17, 1999)).

(2) Lesser prairie-chicken.--The term ``lesser prairie-chicken'' means a prairie-chicken of the species Tympanuchus pallidicinctus.

(3) Range-wide plan.--The term ``Range-Wide Plan'' means the lesser prairie-chicken Range-Wide Conservation Plan of the Western Association of Fish and Wildlife Agencies, as described in the proposed rule of the United States Fish and Wildlife Service entitled ``Endangered and Threatened Wildlife and Plants; Listing the Lesser-Prairie Chicken as a Threatened Species with a Special Rule'' (79 Fed. Reg. 4652

(January 29, 2014)).

(4) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(b) Prohibition on Treatment as Threatened or Endangered Species.--

(1) In general.--Notwithstanding any prior action by the Secretary, the lesser prairie-chicken shall not be treated as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) before the date that is 10 years after the date of enactment of this Act.

(2) Prohibition on proposal.--Effective beginning on the date that is 10 years after the date of enactment of this Act, the lesser prairie-chicken may not be treated as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) unless the Secretary publishes a determination, based on the totality of the scientific evidence, that conservation (as that term is used in that Act) under the Range-Wide Plan and the agreements, programs, and efforts described in subsection

(c) Monitoring of Progress of Conservation Programs.--The Secretary shall monitor and annually submit to Congress a report on the conservation progress of the lesser prairie-chicken under the Range-Wide Plan and all related--

(1) Candidate Conservation Agreements and Candidate Conservation Agreements with Assurances;

(2) Federal conservation programs administered by the Director of the United States Fish and Wildlife Service, the Director of the Bureau of Land Management, and the Secretary of Agriculture;

(3) State conservation programs; and

(4) private conservation efforts.

SEC. ___. REMOVAL OF ENDANGERED SPECIES STATUS FOR AMERICAN

BURYING BEETLE.

Notwithstanding the final rule of the United States Fish and Wildlife Service entitled ``Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the American Burying Beetle'' (54 Fed. Reg. 29652 (July 13, 1989)), the American burying beetle (Nicrophorus americanus) may not be listed as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

______

SA 4009. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. GUARANTEEING DUE PROCESS FOR UNITED STATES CITIZENS

AND LAWFUL PERMANENT RESIDENTS.

(a) Short Title.--This section may be cited as the ``Due Process Guarantee Act''.

(b) Prohibition on the Indefinite Detention of Citizens and Lawful Permanent Residents.--

(1) Limitation on detention.--

(A) In general.--Section 4001(a) of title 18, United States Code, is amended--

(i) by striking ``No citizen'' and inserting the following:

``(1) No citizen or lawful permanent resident of the United States''; and

(ii) by adding at the end the following:

``(2) Any Act of Congress that authorizes an imprisonment or detention described in paragraph (1) shall be consistent with the Constitution and expressly authorize such imprisonment or detention.''.

(B) Applicability.--Nothing in section 4001(a)(2) of title 18, United States Code, as added by subparagraph (A)(i), may be construed to limit, narrow, abolish, or revoke any detention authority conferred by statute, declaration of war, authorization to use military force, or similar authority effective before the date of the enactment of this Act.

(2) Relationship to an authorization to use military force, declaration of war, or similar authority.--Section 4001 of title 18, United States Code, as amended by paragraph (1), is further amended--

(A) by redesignating subsection (b) as subsection (c); and

(B) by inserting after subsection (a) the following:

``(b)(1) No United States citizen or lawful permanent resident who is apprehended in the United States may be imprisoned or otherwise detained without charge or trial unless such imprisonment or detention is expressly authorized by an Act of Congress.

``(2) A general authorization to use military force, a declaration of war, or any similar authority, on its own, may not be construed to authorize the imprisonment or detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States.

``(3) Paragraph (2) shall apply to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of the Due Process Guarantee Act.

``(4) Nothing in this section may be construed to authorize the imprisonment or detention of a citizen of the United States, a lawful permanent resident of the United States, or any other person who is apprehended in the United States.''.

______

SA 4010. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the following:

Subtitle __--Military Humanitarian Operations

SEC. __. SHORT TITLE.

This subtitle may be cited as the ``Military Humanitarian Operations Act of 2021''.

SEC. __. MILITARY HUMANITARIAN OPERATION DEFINED.

(a) In General.--In this subtitle, the term ``military humanitarian operation'' means a military operation involving the deployment of members or weapons systems of the United States Armed Forces where hostile activities are reasonably anticipated and with the aim of preventing or responding to a humanitarian catastrophe, including its regional consequences, or addressing a threat posed to international peace and security. The term includes--

(1) operations undertaken pursuant to the principle of the

``responsibility to protect'' as referenced in United Nations Security Council Resolution 1674 (2006);

(2) operations specifically authorized by the United Nations Security Council, or other international organizations; and

(3) unilateral deployments and deployments made in coordination with international organizations, treaty-based organizations, or coalitions formed to address specific humanitarian catastrophes.

(b) Operations Not Included.--The term ``military humanitarian operation'' does not mean a military operation undertaken for the following purposes:

(1) Responding to or repelling attacks, or preventing imminent attacks, on the United States or any of its territorial possessions, embassies, or consulates, or members of the United States Armed Forces.

(2) Direct acts of reprisal for attacks on the United States or any of its territorial possessions, embassies, or consulates, or members of the United States Armed Forces.

(3) Invoking the inherent right to individual or collective self-defense in accordance with Article 51 of the Charter of the United Nations.

(4) Military missions to rescue United States citizens or military or diplomatic personnel abroad.

(5) Humanitarian missions in response to natural disasters where no civil unrest or combat with hostile forces is reasonably anticipated, and where such operation is for not more than 30 days.

(6) Actions to maintain maritime freedom of navigation, including actions aimed at combating piracy.

(7) Training exercises conducted by the United States Armed Forces abroad where no combat with hostile forces is reasonably anticipated.

SEC. __. REQUIREMENT FOR CONGRESSIONAL AUTHORIZATION.

The President may not deploy members of the United States Armed Forces into the territory, airspace, or waters of a foreign country for a military humanitarian operation not previously authorized by statute unless--

(1) the President submits to Congress a formal request for authorization to use members of the Armed Forces for the military humanitarian operation; and

(2) Congress enacts a specific authorization for such use of forces.

SEC. __. SEVERABILITY.

If any provision of this subtitle is held to be unconstitutional, the remainder of the subtitle shall not be affected.

______

SA 4011. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. WAIVER OF COASTWISE ENDORSEMENT REQUIREMENTS.

Section 12112 of title 46, United States Code, is amended by adding at the end the following:

``(c) Waivers In Cases of Product Carrier Scarcity or Unavailability.--

``(1) In general.--The head of an agency shall, upon request, temporarily waive the requirements of subsection

(a), including the requirement to satisfy section 12103, if the person requesting that waiver reasonably demonstrates to the head of an agency that--

``(A) there is no product carrier, with respect to a specified good, that meets such requirements, exists, and is available to carry such good; and

``(B) the person made a good faith effort to locate a product carrier that complies with such requirements.

``(2) Duration.--Any waiver issued under paragraph (1) shall be limited in duration, and shall expire by a specified date that is not less than 30 days after the date on which the waiver is issued.

``(3) Extension.--Upon request, if the circumstances under which a waiver was issued under paragraph (1) have not substantially changed, the head of an agency shall, without delay, grant one or more extensions to a waiver issued under paragraph (1), for periods of not less than 15 days each.

``(4) Deadline for waiver response.--

``(A) Response deadline.--Not later than 60 days after receiving a request for a waiver under paragraph (1), the head of an agency shall approve or deny such request.

``(B) Findings in support of denied waiver.--If the head of an agency denies such a request, the head of an agency shall, not later than 14 days after denying the request, submit to the requester a report that includes the findings that served as the basis for denying the request.

``(C) Request deemed granted.--If the head of an agency has neither granted nor denied the request before the response deadline described in subparagraph (A), the request shall be deemed granted on the date that is 61 days after the date on which the head of an agency received the request. A waiver that is deemed granted under this subparagraph shall be valid for a period of 30 days.

``(5) Notice to congress.--

``(A) In general.--The head of an agency shall notify Congress--

``(i) of any request for a temporary waiver under this subsection, not later than 48 hours after receiving such request; and

``(ii) of the issuance of any such waiver, not later than 48 hours after such issuance.

``(B) Contents.--The head of an agency shall include in each notification under subparagraph (A)(ii) a detailed explanation of the reasons the waiver is necessary.

``(6) Definitions.--In this subsection:

``(A) Product carrier.--The term `product carrier', with respect to a good, means a vessel constructed or adapted primarily to carry such good in bulk in the cargo spaces.

``(B) Head of an agency.--The term ``head of an agency'' means an individual, or such individual acting in that capacity, who is responsible for the administration of the navigation or vessel inspection laws.''.

______

SA 4012. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 12__. PROHIBITION ON USE OF FUNDS TO PROVIDE ASSISTANCE

TO VETTED SYRIAN OPPOSITION.

None of the funds authorized to be appropriated by this Act may be obligated or expended for activities under section 1209 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 127 Stat. 3541), as most recently amended by section 1222 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).

______

SA 4013. Mr. LEE submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REPEAL OF LIMITATION ON AWARDING CONTRACTS TO

ENTITIES OPERATING COMMERCIAL TERRESTRIAL

COMMUNICATION NETWORKS THAT CAUSE HARMFUL

INTERFERENCE WITH THE GLOBAL POSITIONING

SYSTEM.

Section 1662 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is repealed.

______

SA 4014. Ms. MURKOWSKI submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. 10__. ELIGIBILITY OF CERTAIN INDIVIDUALS WHO SERVED WITH

SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN

LAOS FOR INTERMENT IN NATIONAL CEMETERIES.

(a) In General.--Section 2402(a)(10) of title 38, United States Code, is amended--

(1) by striking the period at the end and inserting ``; or''; and

(2) by adding at the end the following new subparagraph:

``(B) who--

``(i) the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and

``(ii) at the time of the individual's death--

``(I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and

``(II) resided in the United States.''.

(b) Effective Date.--The amendments made by this section shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018

(division J of Public Law 115-141; 132 Stat. 824).

______

SA 4015. Mr. WARNOCK submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title III, add the following:

SEC. 376. MODIFICATION OF AUTHORIZATION OF USE OF WORKING

CAPITAL FUNDS FOR UNSPECIFIED MINOR MILITARY

CONSTRUCTION PROJECTS RELATED TO REVITALIZATION

AND RECAPITALIZATION OF DEFENSE INDUSTRIAL BASE

FACILITIES.

Section 2208(u)(2)(B) of title 10, United States Code, is amended by striking ``specified in subsection (a)(2)'' and all that follows through the period at the end and inserting

``shall be $11,000,000 instead of any dollar limitation specified in section 2805 of this title.''.

______

SA 4016. Mr. KELLY (for himself, Mrs. Feinstein, Mr. Wyden, and Ms. Sinema) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ____ BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION MODERNIZATION.

(a) Clarifying Amendments to Definitions.--Section 1403 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4702) is amended--

(1) by striking paragraph (5) and inserting the following:

``(5) The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Marianas, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.''; and

(2) in paragraph (6) by inserting ``, a resident of a State,'' after ``national of the United States''.

(b) Barry Goldwater Scholarship and Excellence in Education Awards.--

(1) Section 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Program (20 U.S.C. 4704(a)) is amended--

(A) in the subsection heading, by striking ``Award of Scholarships and Fellowships'' and inserting ``Award of Scholarships, Fellowships, and Research Internships'';

(B) in paragraph (1)--

(i) by striking ``scholarships and fellowships'' and inserting ``scholarships, fellowships, and research internships''each place the term appears; and

(ii) by striking ``science and mathematics'' and inserting

``the natural sciences, engineering, and mathematics'';

(C) in paragraph (2), by striking ``mathematics and the natural sciences'' and inserting ``the natural sciences, engineering, and mathematics'';

(D) in paragraph (3), by striking ``mathematics and the natural sciences'' and inserting ``the natural sciences, engineering, and mathematics'';

(E) by redesignating paragraph (4) as paragraph (5);

(F) in paragraph (5), as so redesignated, by striking

``scholarships and fellowships'' and inserting

``scholarships, fellowships, and research internships''; and

(G) by inserting after paragraph (3) the following:

``(4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges.''.

(2) Section 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Program (20 U.S.C. 4704(b)) is amended by adding at the end the following: ``Recipients of research internships under this title shall be known as

`Barry Goldwater Interns'.''

(c) Stipends.--Section 1406 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4705) is amended by adding at the end the following: ``Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship.''

(d) Scholarship and Research Internship Conditions.--Section 1407 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4706) is amended--

(1) in the section heading, by inserting ``and research internship'' after ``scholarship'';

(2) in subsection (a), by striking the subsection heading and inserting ``Scholarship Conditions'';

(3) in subsection (b), by striking the subsection heading and inserting ``Reports on Scholarships''; and

(4) by inserting at the end the following:

``(c) Research Internship Conditions.--A person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency and is not engaging in gainful employment other than employment approved by the Foundation pursuant to regulations of the Board.

``(d) Reports on Research Internships.--The Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship, and is not engaged in gainful employment, except as otherwise provided in subsection (c).''.

(e) Sustainable Investments of Funds.--Section 1408 of the Barry Goldwater Scholarship and Excellence in Education Act

(20 U.S.C. 4707) is amended--

(1) in subsection (a), by striking ``subsection (d)'' and inserting ``subsection (f)'';

(2) by redesignating subsections (c) and (d) as subsections

(e) and (f), respectively; and

(3) by inserting after subsection (b) the following:

``(c) Investment in Securities.--Notwithstanding subsection

(b), the Secretary of the Treasury may invest not more than 40 percent of the fund's assets in securities other than public debt securities of the United States, if--

``(1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and

``(2) the securities in which such funds are invested are traded in established United States markets.

``(d) Construction.--Nothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 1405, or to increase the amount of the stipend authorized by section 1406, as the Board considers appropriate and is otherwise consistent with the requirements of this title.''.

(f) Administrative Provisions.--Section 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act

(20 U.S.C. 4710(a)) is amended--

(1) by striking paragraph (1) and inserting the following:

``(1) appoint and fix the rates of basic pay of such personnel (in addition to the Executive Secretary appointed under section 1410) as may be necessary to carry out the provisions of this chapter, without regard to the provisions in chapter 33 of title 5, United States Code, governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that--

``(A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS-15 of the General Schedule under section 5332 of title 5, United States Code; and

``(B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section;'';

(2) in paragraph (2) by striking ``grade GS-18 under section 5332 of such title'' and inserting ``level IV of the Executive Schedule'';

(3) in paragraph (7), by striking ``and'' at the end;

(4) by redesignating paragraph (8) as paragraph (10); and

(5) by inserting after paragraph (7) the following:

``(8) expend not more than 5 percent of the Foundation's annual operating budget on programs that, in addition to or in conjunction with the Foundation's scholarship financial awards, support the development of Barry Goldwater Scholars and Barry Goldwater interns throughout their professional careers;

``(9) expend not more than 5 percent of the Foundation's annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and''.

______

SA 4017. Mr. KELLY (for himself, Mr. Cramer, Mr. Durbin, Mrs. Gillibrand, Mr. Kaine, Mr. Brown, Mr. Lujan, Mr. Blumenthal, and Mr. Hickenlooper) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 744. MANDATORY REFERRAL OF MEMBERS OF THE ARMED FORCES

FOR MENTAL HEALTH EVALUATION.

(a) In General.--Section 1090a of title 10, United States Code, is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection:

``(e) Process Applicable to Member Disclosure.--The regulations required by subsection (a) shall--

``(1) establish a phrase that enables a member of the armed forces to trigger a referral of the member by a commanding officer or supervisor for a mental health evaluation;

``(2) require a commanding officer or supervisor to make such referral as soon as practicable following disclosure by the member to the commanding officer or supervisor of the phrase established under paragraph (1); and

``(3) ensure that the process under this subsection protects the confidentiality of the member in a manner similar to the confidentiality provided for members making restricted reports under section 1565b(b) of this title.''.

(b) Conforming Amendment.--Subsection (a) of such section is amended, in the second sentence, by striking ``subsections

(b), (c), and (d)'' and inserting ``this section''.

______

SA 4018. Mr. KELLY (for himself, Ms. Murkowski, Mr. Tester, Mr. Portman, Ms. Warren, Ms. Rosen, Ms. Baldwin, Mr. Blunt, Mr. Blumenthal, and Mr. Hickenlooper) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VII, add the following:

SEC. 704. IMPROVEMENTS TO DEPENDENT COVERAGE UNDER TRICARE

YOUNG ADULT PROGRAM.

(a) Expansion of Eligibility.--Subsection (b) of section 1110b of title 10, United States Code, is amended--

(1) by striking paragraph (3); and

(2) by redesignating paragraphs (4) and (5) as paragraphs

(3) and (4), respectively.

(b) Elimination of Separate Premium for a Young Adult.--Such section is further amended by striking subsection (c).

(c) Conforming Amendment.--Section 1075(c)(3) of title 10, United States Code, is amended by striking ``section 1076d, 1076e, or 1110b'' and inserting ``section 1076d or 1076e''.

______

SA 4019. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title V, add the following:

SEC. 503. EXTENSION OF TRANSITION PERIOD RELATING TO

MODIFICATIONS TO RULES FOR RETIREMENT OR

SEPARATION FOR COMMISSIONED OFFICERS WHO REACH

62 YEARS OF AGE.

(a) In General.--Section 1251(e)(2) of title 10, United States Code, is amended by striking ``the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021'' and inserting

``December 31, 2022''.

(b) Retroactive Effect.--

(1) In general.--The amendment made by subsection (a) takes effect on January 1, 2021, as if included in the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).

(2) Treatment of separations between january 1, 2021, and date of enactment.--A commissioned officer who is separated under paragraph (1) of section 1251(e) of title 10, United States Code, on or after January 1, 2021, and before the date of the enactment of this Act, and who qualifies under paragraph (2) of that section, as amended by subsection (a), for retirement and retired pay, shall be--

(A) transferred to retired status; and

(B) paid retired pay computed under section 1401 of title 10, United States Code, for each month that begins after the date of separation.

______

SA 4020. Mrs. GILLIBRAND (for herself and Mr. Tillis) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title V, insert the following:

SEC. 583. MODIFICATION OF RESPONSE PROCEDURES FOR INCIDENTS

OF SERIOUS HARM TO CHILDREN INVOLVING MILITARY

DEPENDENTS ON MILITARY INSTALLATIONS.

Section 549B of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended--

(1) in subsection (b)(2)(A), by striking ``problematic'' and all that follows and inserting the following: ``such incidents that are reported to an appropriate office, as determined by the Secretary, or investigated by a military criminal investigative organization.''; and

(2) in subsection (c)--

(A) in the subsection heading, by striking ``Reported to Family Advocacy Programs'';

(B) by amending paragraph (1) to read as follows:

``(1) Response groups.--

``(A) Incident determination committee membership.--The Secretary of Defense shall ensure that the voting membership of each Incident Determination Committee on a military installation includes medical personnel with the knowledge and expertise required to determine whether a reported incident of serious harm to a child meets the criteria of the Department of Defense for child abuse described in subsection (a)(2)(A).

``(B) Serious harmful behaviors between children and youth multidisciplinary team.--The Secretary of Defense shall establish guidance for each Serious Harmful Behaviors Between Children and Youth Multidisciplinary Team on a military installation to address reported incidents of serious harmful behaviors between children and youth described in subsection

(a)(2)(C).'';

(i) in subparagraph (A)--

(I) in the subparagraph heading, by inserting ``relating to child abuse and adult crimes against children'';

(II) by striking ``covered incidents of serious harm to children'' and inserting ``incidents of child abuse described in subsection (a)(2)(A) and crimes described in subsection

(a)(2)(B)'';

(ii) by redesignating subparagraph (B) as subparagraph (C);

(iii) by inserting after subparagraph (A) the following new subparagraph (B):

``(B) Development of standardized process relating to serious harmful behaviors between children and youth.--The Secretary of Defense shall develop a standardized process by which a military department screens incidents of serious harmful behavior between children and youth described in subsection (a)(2)(C) to determine whether to convene a Serious Harmful Behavior Between Children and Youth Multidisciplinary Team.''; and

(iv) in subparagraph (C), as redesignated by clause (ii), by striking ``process developed pursuant to subparagraph

(A)'' and inserting ``processes developed pursuant to subparagraphs (A) and (B)''; and

(D) in paragraph (7)--

(i) by striking ``Incident'' and all that follows through

``the term'' and inserting the following: ``Definitions.--In this subsection:

``(A) Incident determination committee.--The term'';

(ii) by inserting after ``child abuse'' the following:

``described in subsection (a)(2)(A) and crimes described in subsection (a)(2)(B)''; and

(iii) by adding at the end the following new subparagraph:

``(B) Serious harmful behaviors between children and youth multidisciplinary team.--The term `Serious Harmful Behaviors Between Children and Youth Multidisciplinary Team' means a coordinated community response team on a military installation--

``(i) composed of members with the requisite experience, qualifications, and skills to address serious harmful behaviors between children and youth described in subsection

(a)(2)(C) from a developmentally appropriate and trauma-informed perspective; and

``(ii) with objectives that include development of procedures for information sharing, collaborative and coordinated response, restorative resolution, effective investigations and assessments, evidence-based clinical interventions and rehabilitation, and prevention of serious harmful behaviors between children and youth.''.

______

SA 4021. Ms. ERNST (for herself, Ms. Hassan, Mr. Grassley, Mr. Cramer, Mrs. Feinstein, Mr. Burr, Mr. Tillis, Mr. Risch, Mrs. Gillibrand, and Mr. Tester) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 10___. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.

(a) Authorization.--Notwithstanding section 8908(c) of title 40, United States Code, the Global War on Terrorism Memorial Foundation shall establish a National Global War on Terrorism Memorial within the Reserve.

(b) Location.--The Memorial may be located at one of the following sites:

(1) Potential Site 1--Constitution Gardens, Prime Candidate Site 10 in The Memorials and Museums Master Plan.

(2) Potential Site 2--JFK Hockey Fields, Prime Candidate Site 18 in The Memorials and Museums Master Plan.

(3) Potential Site 3--West Potomac Park, Candidate Site 70 in The Memorials and Museums Master Plan.

(c) Commemorative Works Act.--Except as otherwise provided by subsections (a) and (b), chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''), shall apply to the Memorial.

(d) Definitions.--In this section:

(1) Memorial.--The term ``Memorial'' means the National Global War on Terrorism Memorial authorized under subsection

(a).

(2) Reserve.--The term ``Reserve'' has the meaning given that term in 8902(a)(3) of title 40, United States Code.

______

SA 4022. Mrs. SHAHEEN (for herself and Mr. Tillis) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VII, add the following:

SEC. 704. TREATMENT FOR EATING DISORDERS FOR MEMBERS OF THE

ARMED FORCES AND DEPENDENTS OF MEMBERS OF THE

UNIFORMED SERVICES.

(a) Findings.--Congress finds the following:

(1) Eating disorders affect approximately 30,000,000 individuals in the United States, or nine percent of the population, during their lifetime, including individuals from every age, gender, body size, race, ethnicity, and socioeconomic status.

(2) Eating disorders are severe, biologically based mental illnesses caused by a complex interaction of genetic, biological, social, behavioral, and psychological factors.

(3) Eating disorders result in the second highest case fatality rate of any psychiatric illness, with one death every 52 minutes as a direct result of an eating disorder due to serious medical comorbidities and suicide.

(4) Untreated eating disorders cost the economy of the United States $64,700,000,000 annually, with individuals and their families experiencing an economic loss of

$23,500,000,000 annually.

(5) A study from the Armed Forces Health Surveillance Branch found that diagnoses of eating disorders among military personnel increased by 26 percent from 2013 to 2016.

(6) Although accurate estimates are challenging due to underreporting, the prevalence of eating disorders among members of the Armed Forces is two to three times higher than in the civilian population.

(7) The Defense Health Board found that women members of the Armed Forces on active duty experience high rates of eating disorders, which can adversely affect the readiness and health of such members.

(8) Risk factors for eating disorders among members of the Armed Forces include pressure to maintain weight and fitness standards, trauma, sexual harassment, weight stigmatization, and post-traumatic stress disorder.

(9) Family members of members of the Armed Forces have a higher prevalence of eating disorders than the general population, with 21 percent of children and 26 percent of spouses of members of the Armed Forces found to be at risk of developing an eating disorder.

(10) Research demonstrates a strong correlation in the risk of developing an eating disorder between a military spouse and their adolescent child. An adolescent female dependent of a member of the Armed Forces is more likely to be at risk for an eating disorder if their nonmilitary parent is at risk for an eating disorder.

(b) Treatment for Eating Disorders for Dependents of Members of the Uniformed Services.--Section 1079 of title 10, United States Code, is amended--

(1) in subsection (a), by adding at the end the following new paragraph:

``(18) Treatment for an eating disorder may be provided in accordance with subsection (r).''; and

(2) by adding at the end the following new subsection:

``(r)(1) The provision of health care services for an eating disorder under subsection (a)(18) shall include treatment at facilities providing the following services:

``(A) Inpatient services, including residential services.

``(B) Outpatient services for in-person and telehealth care, including--

``(i) Partial hospitalization services; and

``(ii) Intensive outpatient services.

``(2) A dependent may be provided health care services for an eating disorder under subsection (a)(18) without regard to the age of the dependent, except with respect to residential services under paragraph (1)(A), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).

``(3) In this section, the term `eating disorder' has the meaning given the term `feeding and eating disorders' in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.''.

(1) In general.--Section 1090 of title 10, United States Code, is amended--

(A) by striking ``The Secretary of Defense'' and inserting the following:

``(a) Identification and Treatment of Eating Disorders and Drug and Alcohol Dependence.--The Secretary of Defense'';

(B) by inserting ``have an eating disorder or'' before

``are dependent on drugs or alcohol'';

``(b) Facilities Available to Individuals With Eating Disorders.--For purposes of this section, necessary facilities described in subsection

(a) shall include the facilities described in section 1079(r)(1) of this title.

``(c) Eating Disorder Defined.--In this section, the term

`eating disorder' has the meaning given that term in section 1079(r)(3) of this title.''; and

(D) in the section heading, by inserting ``eating disorders and'' after ``treating''.

(2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by striking the item relating to section 1090 and inserting the following new item:

``1090. Identifying and treating eating disorders and drug and alcohol dependence.''.

(d) Clinical Practice Criteria and Guidelines on the Identification and Treatment of Eating Disorders.--

(1) In general.-- Not later than two years after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs, in consultation with specialized stakeholders, shall jointly develop, publish, and disseminate clinical practice criteria and guidelines on the identification and treatment of eating disorders.

(2) Inclusion of recommendations and guidelines.--The criteria and guidelines developed, published, and disseminated under paragraph (1) shall include--

(A) recommendations and guidelines established by, and any guidance from, the Substance Abuse and Mental Health Services Administration, the Centers for Disease Control and Prevention, and the National Institute of Mental Health; and

(B) clinical practice guidelines developed by specialized nonprofit professional associations.

(e) Effective Date.--This section and the amendments made by this section shall take effect on October 1, 2022.

______

SA 4023. Mrs. SHAHEEN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 744. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND

POLYFLUOROALKYL SUBSTANCES AS COMPONENT OF

PERIODIC HEALTH ASSESSMENTS.

(a) Periodic Health Assessment.--Each Secretary concerned shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an assessment of whether the member has been--

(1) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

(2) exposed to such substances, including by assessing any information in the health record of the member.

(b) Separation History and Physical Examinations.--Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was--

``(i) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

``(ii) exposed to such substances, including by assessing any information in the health record of the member.''.

(c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(E) An assessment of whether the member was--

``(ii) exposed to such substances, including by assessing any information in the health record of the member.''.

(d) Provision of Blood Testing to Determine Exposure to Perfluoroalkyl Substances or Polyfluoroalkyl Substances.--

(1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary concerned shall provide to that member, during the covered evaluation, blood testing to determine and document potential exposure to such substances.

(2) Inclusion in health record.--The results of a blood test of a member of the Armed Forces conducted under subparagraph (A) shall be included in the health record of the member.

(e) Definitions.--In this section:

(1) Covered evaluation.--The term ``covered evaluation'' means--

(A) a periodic health assessment conducted in accordance with subsection (a);

(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by subsection (b); or

(2) Secretary concerned.--The term ``Secretary concerned'' has the meaning given such term in section 101 of title 10, United States Code.

______

SA 4024. Mrs. SHAHEEN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PERMANENCY OF SBIR AND STTR PROGRAMS.

(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended--

(1) in the subsection heading, by striking ``Termination'' and inserting ``SBIR Program Authorization''; and

(2) by striking ``terminate on September 30, 2022'' and inserting ``be in effect for each fiscal year''.

(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended by striking ``through fiscal year 2022''.

______

SA 4025. Mrs. MURRAY submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ANNUITY SUPPLEMENT.

Section 8421a(c) of title 5, United States Code, is amended--

(1) by striking ``as an air traffic'' and inserting the following: ``as an--

``(1) air traffic'';

(2) in paragraph (1), as so designated, by striking the period at the end and inserting ``; or''; and

(3) by adding at the end the following:

``(2) air traffic controller pursuant to a contract made with the Secretary of Transportation under section 47124 of title 49.''.

______

SA 4026. Mr. BENNET (for himself and Mr. Sasse) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EMERGING TECHNOLOGY LEADS.

(a) Definitions.--In this section:

(1) Covered individual.--The term ``covered individual'' means--

(A) an individual serving in a Senior Executive Service position, as that term is defined in section 3132(a) of title 5, United States Code;

(B) an individual who--

(i) is serving in a position to which section 5376 of title 5, United States Code, applies; and

(ii) has a significant amount of seniority and experience, as determined by the head of the applicable covered Federal agency; or

(C) another individual who is the equivalent of an individual described in subparagraph (A) or (B), as determined by the head of the applicable covered Federal agency.

(2) Covered federal agency.--The term ``covered Federal agency'' means--

(A) an agency listed in section 901(b) of title 31, United States Code; or

(B) an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

(b) Appointment or Designation.--Each covered Federal agency that is also substantially engaged in the development, application, or oversight of emerging technologies shall consider appointing or designating a covered individual as an emerging technology lead to advise the agency on the responsible use of emerging technologies, including artificial intelligence, provide expertise on responsible policies and practices, collaborate with interagency coordinating bodies, and provide input for procurement policies.

(c) Informing Congress.--Not later than 180 days after the date of the enactment of this Act, the President shall inform Congress of each covered Federal agency in which a covered individual has been appointed or designated as an emerging technology lead under subsection (b) and provide Congress with a description of the authorities and responsibilities of the covered individuals so appointed.

______

SA 4027. Mr. BENNET (for himself and Mr. Sasse) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. TECHNOLOGY COMPETITIVENESS COUNCIL.

The Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is amended by adding at the end the following:

``TITLE VII--TECHNOLOGY COMPETITIVENESS COUNCIL

``SEC. 701. ESTABLISHMENT OF COUNCIL.

``The President shall establish within the Executive Office of the President a Technology Competitiveness Council (in this title, referred to as the `Council').

``SEC. 702. MEMBERSHIP OF COUNCIL.

``(a) In General.--The Council shall be composed of the following members:

``(1) The Vice President.

``(2) The Secretary of State.

``(3) The Secretary of the Treasury.

``(4) The Secretary of Defense.

``(5) The Attorney General.

``(6) The Secretary of Commerce.

``(7) The Secretary of Energy.

``(8) The Secretary of Homeland Security.

``(9) The Director of the Office of Management and Budget.

``(10) The Assistant to the President for Technology Competitiveness.

``(11) The Assistant to the President for National Security Affairs.

``(12) The Assistant to the President for Science and Technology.

``(13) The Assistant to the President for Economic Policy.

``(14) The Assistant to the President for Domestic Policy.

``(15) The United States Trade Representative.

``(16) The Chairman of the Joint Chiefs of Staff.

``(17) The Director of National Intelligence.

``(18) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President as the Chairperson of the Council considers appropriate.

``(b) Chairperson.--The Chairperson of the Council shall be the Vice President.

``SEC. 703. OPERATION OF COUNCIL.

``(a) Responsibilities of Chair.--The Chairperson of the Council--

``(1) shall convene and preside over meetings of the Council and shall determine the agenda for the Council;

``(2) may authorize the establishment of such committees of the Council, including an executive committee, and of such working groups, composed of senior designees of the Council members and of other officials, as the Chairperson deems necessary or appropriate for the efficient conduct of Council functions; and

``(3) shall report to the President on the activities and recommendations of the Council and shall advise the Council as appropriate regarding the President's directions with respect to the Council's activities and national technology policy generally.

``(b) Administration.--

``(1) Staff.--The Council may hire a staff, which shall be headed by the Assistant to the President for Technology Competitiveness.

``(2) Support.--

``(A) Support from office of administration.--The Office of Administration in the Executive Office of the President shall provide the Council with such personnel, funding, and administrative support, as directed by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness, subject to the availability of appropriations.

``(B) Support from other agencies.--Subject to the availability of appropriations, members of the Council who are heads of Federal agencies shall make resources, including personnel and office support, available to the Council as reasonably requested by the Chairperson or, upon the Chairperson's direction, the Assistant to the President for Technology Competitiveness.

``(3) Information and assistance.--The heads of Federal agencies shall provide to the Council such information and assistance as the Chairperson may request to carry out the functions described in section 704.

``(4) Coordination with national security council.--The Council shall coordinate with the National Security Council on technology policy and strategy matters relating primarily to national security to ensure that the activities of the Council are carried out in a manner that is consistent with the responsibilities and authorities of the National Security Council.

``SEC. 704. FUNCTIONS OF COUNCIL.

``The Council shall be responsible for the following:

``(1) Developing recommendations for the President on United States technology competitiveness and technology-related issues, advising and assisting the President in development and implementation of national technology policy and strategy, and performing such other duties as the President may prescribe.

``(2) Developing and overseeing the implementation of a National Technology Strategy required by section 601 of the Intelligence Authorization Act for Fiscal Year 2022.

``(3) Serving as a forum for balancing national security, economic, and technology considerations of United States departments and agencies as they pertain to technology research, development, commercial interests, and national security applications.

``(4) Coordinating policies across Federal departments and agencies relating to United States competitiveness in critical and emerging technologies and ensuring that policies designed to promote United States leadership and protect existing competitive advantages in technologies of strategic importance to the United States are integrated and mutually reinforcing.

``(5) Synchronizing budgets and strategies, in consultation with the Director of the Office of Management and Budget, in accordance with the National Technology Strategy required by section 601 of the Intelligence Authorization Act for Fiscal Year 2022.''.

______

SA 4028. Mr. BENNET submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. NATIONAL DIGITAL RESERVE CORPS.

(a) In General.--Subpart I of part III of title 5, United States Code, is amended by adding at the end the following:

``CHAPTER 103--NATIONAL DIGITAL RESERVE CORPS

``Sec. 10301. Definitions.

``Sec. 10302. Establishment.

``Sec. 10303. Organization.

``Sec. 10304. Assignments.

``Sec. 10305. Reservist continuing education.

``Sec. 10306. Congressional reports.

``SEC. 10301. DEFINITIONS.

``In this chapter:

``(1) Active reservist.--The term `active reservist' means a reservist occupying a position to which the reservist has been appointed under section 10303(c)(2).

``(2) Administrator.--The term `Administrator' means the Administrator of General Services.

``(3) Inactive reservist.--The term `inactive reservist' means a reservist who is not serving in an appointment under section 10303(c)(2).

``(4) Program.--The term `Program' means the program established under section 10302(a).

``(5) Reservist.--The term `reservist' means an individual who is a member of the National Digital Reserve Corps.

``SEC. 10302. ESTABLISHMENT.

``(a) Establishment.--There is established in the General Services Administration a program, to be known as the

`National Digital Reserve Corps', to establish, manage, and assign a reserve of individuals with relevant skills and credentials to help address the digital and cybersecurity needs of Executive agencies.

``(b) Implementation.--

``(1) Guidance.--Not later than 180 days after the date of enactment of this section, the Administrator shall issue guidance with respect to the Program, which shall include procedures for coordinating with Executive agencies to--

``(A) identify digital and cybersecurity needs that may be addressed by the National Digital Reserve Corps; and

``(B) assign active reservists to address the needs identified under subparagraph (A).

``(2) Recruitment and initial assignments.--Not later than 180 days after the date of enactment of this section, the Administrator shall begin--

``(A) recruiting individuals to serve as reservists; and

``(B) assigning active reservists under the Program.

``SEC. 10303. ORGANIZATION.

``(a) Administration.--

``(1) In general.--The National Digital Reserve Corps shall be administered by the Administrator.

``(2) Responsibilities.--In carrying out the Program, the Administrator shall--

``(A) establish standards for serving as a reservist, including educational attainment, professional qualifications, and background checks;

``(B) ensure the standards established under subparagraph

(A) are met;

``(C) recruit individuals to the National Digital Reserve Corps;

``(D) activate and deactivate reservists as necessary;

``(E) coordinate with Executive agencies to--

``(i) determine the digital and cybersecurity needs that reservists shall be assigned to address;

``(ii) ensure that reservists have access, resources, and equipment required to address the digital and cybersecurity needs that those reservists are assigned to address; and

``(iii) analyze potential assignments for reservists to determine outcomes, develop anticipated assignment timelines, and identify Executive agency partners;

``(F) ensure that reservists acquire and maintain appropriate suitability and security eligibility and access; and

``(G) determine what additional resources, if any, are required to successfully implement the Program.

``(b) National Digital Reserve Corps Participation.--

``(1) Service obligation agreement.--

``(A) In general.--An individual may serve as a reservist only if the individual enters into a written agreement with the Administrator to serve as a reservist.

``(B) Contents.--An agreement described in subparagraph (A) shall--

``(i) require the individual seeking to become a reservist to serve as a reservist for a 3-year period, during which that individual shall serve not less than 30 days per year as an active reservist; and

``(ii) set forth all other rights and obligations of the individual and the Administrator with respect to the service of the individual described in clause (i) as a reservist.

``(2) Employee status and compensation.--

``(A) Employee status.--An inactive reservist shall not be considered to be an employee for any purpose solely on the basis of being a reservist.

``(B) Compensation.--The Administrator shall determine the appropriate compensation for an individual serving as an active reservist, except that the maximum rate of basic pay may not exceed the maximum rate of basic pay payable for a position at GS-15 of the General Schedule (including any applicable locality-based comparability payment under section 5304 or similar provision of law).

``(3) USERRA employment and reemployment rights.--

``(A) In general.--The protections, rights, benefits, and obligations under chapter 43 of title 38 shall apply to active reservists appointed under subsection (c)(2) to--

``(i) perform service to the General Services Administration under section 10304; or

``(ii) train for service described in clause (i) under section 10305.

``(B) Notice of absence from position of employment.--

``(i) In general.--Preclusion of giving notice of service by necessity of service under subsection (c)(2) to perform service to the General Services Administration under section 10304, or to train for such service under section 10305, shall be deemed preclusion by `military necessity' for purposes of section 4312(b) of title 38 pertaining to giving notice of absence from a position of employment.

``(ii) Determination.--A determination of a necessity described in clause (i) shall be made by the Administrator and shall not be subject to review in any judicial or administrative proceeding.

``(4) Penalties.--

``(A) In general.--Subject to subparagraph (B), a reservist who fails to accept an appointment under subsection (c)(2), or who fails to carry out the duties assigned to the reservist under such an appointment, shall, after notice and an opportunity to be heard--

``(i) cease to be a reservist; and

``(ii) be fined an amount equal to the sum of--

``(I) the amounts, if any, paid under section 10305 with respect to training expenses for the reservist; and

``(II) the difference between--

``(aa) the amount of compensation the reservist would have received under paragraph (2) if the reservist completed the entire term of service as a reservist agreed to in the agreement described in paragraph (1); and

``(bb) the amount of compensation the reservist has received under the agreement described in item (aa).

``(B) Exception.--With respect to the failure of a reservist to accept an appointment under subsection (c)(2), or to carry out the duties assigned to the reservist under such an appointment--

``(i) subparagraph (A) shall not apply if the failure was due to the continuation, recurrence, or onset of a serious health condition or any other circumstance beyond the control of the reservist; and

``(ii) the Administrator may waive the application of subparagraph (A), in whole or in part, if the Administrator determines that applying subparagraph (A) with respect to the failure would be against equity and good conscience and not in the best interest of the United States.

``(c) Appointment Authority.--

``(1) Corps leadership.--The Administrator may appoint qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator.

``(2) Corps reservists.--

``(A) In general.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328), qualified reservists to temporary positions in the competitive service to--

``(i) assign those reservists under section 10304; and

``(ii) otherwise carry out the Program.

``(B) Appointment limits.--

``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 1-year period preceding the date on which the appointment is made, the individual has been an officer or employee in the executive or legislative branch of the United States Government, or of any independent establishment, for not fewer than 130 days.

``(ii) Automatic appointment termination.--The appointment of an individual under this paragraph shall terminate if the individual has been employed as an officer or employee in the executive or legislative branch of the United States Government, or of any independent establishment, for 130 days during the most recent 365-day period.

``(C) Employee status.--An individual appointed under this paragraph shall be considered a special Government employee, as that term is defined in section 202(a) of title 18.

``(D) Additional employees.--Individuals appointed under this paragraph shall be in addition to any employees of the General Services Administration, the duties of whom relate to the digital or cybersecurity needs of the General Services Administration.

``SEC. 10304. ASSIGNMENTS.

``(a) In General.--The Administrator may assign active reservists to address the digital and cybersecurity needs of Executive agencies, including cybersecurity services, digital education and training, data triage, acquisition assistance, guidance on digital projects, development of technical solutions, and bridging public needs and private sector capabilities.

``(b) Assignment-specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of that Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address that digital or cybersecurity need.

``(c) Duration.--The assignment of an individual under subsection (a) shall terminate on the earlier of--

``(1) a date determined by the Administrator;

``(2) the date on which the Administrator receives notification of the decision of the head of the Executive agency, the digital or cybersecurity needs of which the individual is assigned to address under subsection (a), that the assignment should terminate; or

``(3) the date on which the assigned individual ceases to be an active reservist.

``(d) Compliance.--The Administrator shall ensure that assignments under subsection (a) are consistent with an applicable Federal ethics rules and Federal appropriations laws.

``SEC. 10305. RESERVIST CONTINUING EDUCATION.

``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies.

``(b) Application.--The Administrator shall establish a process for reservists to apply for the payment of reasonable expenses relating to the training or continuing education described in subsection (a).

``(c) Report.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures made under this section.

``SEC. 10306. CONGRESSIONAL REPORTS.

``Not later than 2 years after the date of enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the Program, including--

``(1) the number of reservists under the Program;

``(2) a list of Executive agencies that have submitted requests for support under the Program;

``(3) the nature and status of the requests described in paragraph (2); and

``(4) with respect to each request described in paragraph

(2) with respect to which active reservists have been assigned, and for which work by the National Digital Reserve Corps has concluded, an evaluation of that work (including the results of that work) by--

``(A) the Executive agency that submitted the request; and

``(B) the reservists assigned to the request.''.

(b) Clerical Amendment.--The table of chapters for subpart I of part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following:

``103. National Digital Reserve Corps......................10303''.....

(1) Service definitions.--Section 4303 of title 38, United States Code, is amended--

(A) in paragraph (13), by inserting ``, a period for which a person is absent from a position of employment to perform service to the General Services Administration as an active reservist of the National Reserve Digital Corps under section 10304 of title 5, or inactive reservist training for such service under section 10305 of title 5,'' before ``, and a period''; and

(B) in the second paragraph (16), by inserting ``, active reservists of the National Reserve Digital Corps who are appointed into General Services Administration service under section 10303(c)(2) of title 5, or inactive reservist training for such service under section 10305 of title 5,'' before ``, and any other category''.

(2) Reemployment service notice requirement.--Section 4312(b) of title 38, United States Code, is amended by striking ``A determination of military necessity'' and all that follows and inserting the following: ``A determination of military necessity for the purposes of this subsection--

``(1) shall be made--

``(A) except as provided under subparagraph (B), (C), or

(D), pursuant to regulations prescribed by the Secretary of Defense;

``(B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165f) and as intermittent personnel under section 306(b)(1) of such Act, by the Administrator of the Federal Emergency Management Agency, as described in sections 327(j)(2) and 306(d)(2), respectively, of such Act;

``(C) for intermittent disaster-response appointees of the National Disaster Medical System, by the Secretary of Health and Human Services, as described in section 2812(d)(3)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(d)(3)(B)); and

``(D) for active reservists of the National Reserve Digital Corps performing service to the General Services Administration under section 10304 of title 5, or inactive reservist training for such service under section 10305 of title 5, by the Administrator of General Services, as described in section 10303(b)(3)(B) of title 5; and

``(2) shall not be subject to judicial review.''.

(d) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of General Services

$30,000,000, to remain available until fiscal year 2023, to carry out the program established under section 10302(a) of title 5, United States Code, as added by subsection (a).

______

SA 4029. Mr. BENNET (for himself and Mr. Sasse) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. TASK FORCE ON ARTIFICIAL INTELLIGENCE GOVERNANCE AND

OVERSIGHT.

(a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall appoint a task force to assess the privacy, civil rights, and civil liberties implications of artificial intelligence (referred to in this section as the ``AI Task Force'').

(b) Membership of Task Force.--

(1) In general.--The AI Task Force shall include--

(A) the Director of the Office of Management and Budget or his or her designee;

(B) the Director of the National Institute of Standards and Technology or his or her designee;

(D) the Deputy Director for Technology at the National Science and Technology Foundation;

(E) the Secretary of Health and Human Services or his or her designee;

(F) the Secretary of Transportation or his or her designee;

(G) the Secretary of Housing and Urban Development or his or her designee;

(H) the Comptroller General of the United States or his or her designee;

(I) the Chairman of the Federal Trade Commission or his or her designee;

(J) the Chairperson of the Equal Employment Opportunity Commission or his or her designee;

(K) the Chair of the Council of Inspectors General on Integrity and Efficiency or his or her designee;

(L) the Principal Deputy Assistant Attorney General for the Civil Rights Division of the Department of Justice or his or her designee;

(M) the chief privacy and civil liberties officers for the following agencies:

(i) the Department of State;

(ii) the Department of the Treasury;

(iii) the Department of Defense;

(iv) the Department of Justice;

(v) the Department of Health and Human Services;

(vi) the Department of Homeland Security;

(vii) the Department of Commerce;

(viii) the Department of Labor;

(ix) the Department of Education; and

(x) the Office of the Director of National Intelligence;

(N) the Chair of the Privacy and Civil Liberties Oversight Board;

(O) the Chair of the National Artificial Intelligence Advisory Committee's Subcommittee on Artificial Intelligence and Law Enforcement;

(P) any other governmental representative determined necessary by the President; and

(Q) not fewer than 6, but not more than 10, representatives from civil society, including organizational leaders with expertise in technology, privacy, civil liberties, and civil rights, representatives from industry, and representatives from academia, as appointed by the President.

(2) Task force chair and vice chair.--The President shall designate a Chair and Vice Chair of the AI Task Force from among its members.

(1) Identifying policy and legal gaps and making recommendations to ensure that uses of artificial intelligence (referred to in this section as ``AI'') and associated data in United States Government operations comport with freedom of expression, equal protection, privacy, and due process.

(2) Assessing existing policy, regulatory, and legal gaps for current AI applications, and associated data, and making recommendations for--

(A) legislative and regulatory reforms on the development and fielding of AI and associated data, to include Federal Government use and management of biometric identification technologies, government procurement of commercial AI products, Federal data privacy standards, Federal antidiscrimination laws, Federal disparate impact standards, AI validation and auditing, and AI risk and impact assessment reporting;

(B) institutional changes to ensure sustained assessment and recurring guidance on privacy and civil liberties implications of AI applications, emerging technologies, and associated data; and

(C) the utility of a new Federal entity to regulate and provide government-wide oversight of AI use by the Federal Government, including--

(i) the review of Federal funds used for the procurement and development of AI; and

(ii) the enforcement of Federal law for commercial AI products used in government.

(3) Conducting an assessment and making recommendations to Congress and to the President to ensure that the development and fielding of artificial intelligence by the Federal Government provides protections for the privacy, civil liberties, and civil rights of individuals in the United States in a manner that is appropriately balanced against critical law enforcement and national security needs.

(4) Recommending baseline standards for Federal Government use of biometric identification technologies, including facial recognition, voiceprint, gait recognition, and keyboard entry technologies.

(5) Recommending baseline standards for the protection and integrity of data in the custody of the Federal Government.

(6) Recommending proposals to address any gaps in Federal law or regulation with respect to facial recognition technologies in order to enhance protections of privacy, civil liberties, and civil rights of individuals in the United States.

(7) Recommending best practices and contractual requirements to strengthen protections for privacy, information security, fairness, nondiscrimination, auditability, and accountability in artificial intelligence systems and technologies and associated data procured by the Federal Government.

(8) Considering updates to and reforms of Government data privacy and retention requirements to address implications to privacy, civil liberties, and civil rights.

(9) Assessing ongoing efforts to regulate commercial development and fielding of artificial intelligence and associated data in light of privacy, civil liberties, and civil rights implications, and as appropriate, considering and recommending institutional or organizational changes to facilitate applicable regulation.

(10) Assessing the utility of establishing a new organization within the Federal Government to provide ongoing governance for and oversight over the fielding of artificial intelligence technologies by Federal agencies as technological capabilities evolve over time.

(d) Organizational Considerations.--In conducting the assessments required by paragraphs (2) and (3) of subsection

(c), the AI Task Force shall consider--

(1) the organizational placement, structure, composition, authorities, and resources that a new organization would require to provide ongoing guidance and baseline standards for--

(A) the Federal Government's development, acquisition, and fielding of artificial intelligence systems to ensure they comport with privacy, civil liberties, and civil rights and civil liberties law, including guardrails for their use; and

(B) providing transparency to oversight entities and the public regarding the Federal Government's use of artificial systems and the performance of those systems;

(2) the existing interagency and intra-agency efforts to address AI oversight;

(3) the need for and scope of national security carve outs, and any limitations or protections that should be built into any such carve outs; and

(4) the research, development, and application of new technologies to mitigate privacy and civil liberties risks inherent in artificial intelligence systems.

(e) Powers of the Task Force.--

(1) Hearings.--The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the AI Task Force considers appropriate.

(2) Powers of members and agents.--Any member of the AI Task Force may, upon authorization by the AI Task Force, take any action that the AI Task Force is authorized to take under this section.

(3) Obtaining official data.--Subject to applicable privacy laws and relevant regulations, the AI Task Force may secure directly from any department or agency of the United States information and data necessary to enable it to carry out this section. Upon written request of the Chair of the AI Task Force, the head or acting representative of that department or agency shall furnish the requested information to the AI Task Force not later than 30 days after receipt of the request.

(f) Operating Rules and Procedure.--

(1) Initial meeting.--The AI Task Force shall meet not later than 30 days after the date on which a majority of the members of the AI Task Force have been appointed.

(2) Voting.--Each member of the AI Task Force shall have 1 vote.

(3) Recommendations.--The AI Task Force shall adopt recommendations only upon a majority vote.

(4) Quorum.--A majority of the members of the AI Task Force shall constitute a quorum, but a lesser number of members may hold meetings, gather information, and review draft reports from staff.

(g) Staff.--

(1) Personnel.--The chairperson of the AI Task Force may appoint staff to inform, support, and enable AI Task Force members in the fulfillment of their responsibilities. A staff member may not be a local, State, or Federal elected official or be affiliated with or employed by, such an elected official during the duration of the AI Task Force.

(2) Detailees.--The head of any Federal department or agency may detail, on a non-reimbursable basis, any of the personnel of that department or agency to the AI Task Force to assist the AI Task Force in carrying out its purposes and functions.

(3) Security clearances for members and staff.--The appropriate Federal departments or agencies shall cooperate with the AI Task Force in expeditiously providing to the AI Task Force members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this section without the appropriate security clearances.

(4) Expert consultants.--As needed, the AI Task Force may commission intermittent research or other information from experts and provide stipends for engagement consistent with relevant statutes and regulations.

(h) Assistance From Private Sector.--

(1) Private engagement.--The Chair of the AI Task Force may engage with representatives from a private sector organization for the purpose of carrying out the mission of the AI Task Force, and any such engagement shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(2) Temporary assignment of personnel.--The Chair of the AI Task Force, with the agreement of a private sector organization, may arrange for the temporary assignment of employees of the organization to the Task Force in accordance with paragraphs (1) and (4) of subsection (g).

(3) Duration.--An assignment under this subsection may, at any time and for any reason, be terminated by the Chair or the private sector organization concerned and shall be for a total period of not more than 18 months.

(i) Application of Ethics Rules.--An employee of a private sector organization assigned under subsection (h)--

(1) shall be deemed to be a special government employee for purposes of Federal law, including chapter 11 of title 18, United States Code, and the Ethics in Government Act of 1978

(5 U.S.C. App.); and

(2) notwithstanding section 202(a) of title 18, United States Code, may be assigned to the Task Force for a period of not longer than 18 months.

(3) No financial liability.--Any agreement subject to this subsection shall require the private sector organization concerned to be responsible for all costs associated with the assignment of an employee under subsection (h).

(j) Reporting.--

(1) Interim report to congress.--Not later than 1 year after the establishment of the AI Task Force, the AI Task Force shall prepare and submit an interim report to Congress and the President containing the AI Task Force's legislative and regulatory recommendations.

(2) Updates.--The AI Task Force shall provide periodic updates to the President and to Congress.

(3) Final report.--Not later than 18 months after the establishment of the AI Task Force, the AI Task Force shall prepare and submit a final report to the President and to Congress containing its assessment on organizational considerations, to include any recommendations for organizational changes.

(k) Other Emerging Technologies.--At any time before the submission of the final report under subsection (j)(3), the AI Task Force may recommend to Congress the creation of a similar task force focused on another emerging technology.

(l) Sunset.--The AI Task Force shall terminate on the date that is 18 months after the establishment of the AI Task Force.

______

SA 4030. Ms. ROSEN (for herself, Ms. Cortez Masto, and Mr. Padilla) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 318. MODIFICATION TO BUDGETING OF DEPARTMENT OF DEFENSE

RELATING TO EXTREME WEATHER.

Section 328(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) is amended--

(1) in paragraph (1), by striking ``; and'' and inserting a semicolon;

(2) in paragraph (2)--

(A) by inserting ``of'' after ``result''; and

(B) by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following new paragraph:

``(3) a calculation of the annual costs to the Department for assistance provided to--

``(A) the Federal Emergency Management Agency or Federal land management agencies--

``(i) pursuant to requests for such assistance; and

``(ii) approved under the National Interagency Fire Center; and

``(B) any State, territory, or possession under title 10 or title 32, United States Code, regarding extreme weather.''.

______

SA 4031. Ms. ROSEN (for herself and Ms. Ernst) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title V, add the following:

SEC. 596. ACCESS TO TOUR OF DUTY SYSTEM.

(a) Access.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device.

(2) Exception.--The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States.

(b) Tour of Duty System Defined.--In this section, the term

``Tour of Duty system'' means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as ``Tour of Duty'', or any successor to such system.

______

SA 4032. Ms. BALDWIN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title X, add the following:

SEC. 1023. AWARD OF CONTRACTS FOR OVERHAUL, REPAIR, AND

MAINTENANCE OF NAVAL VESSELS IN AREAS OUTSIDE

THE HOMEPORT OF THE VESSEL CONCERNED TO MEET

SURGE CAPACITY NEEDS.

Section 8669a of title 10, United States Code, is amended--

(1) in subsection (c)(2), by inserting ``, except such paragraph shall not apply to the award of a contract under subsection (d)'' after ``law''; and

(2) by adding at the end the following new subsection:

``(d) In order to meet surge capacity needs, the Secretary of the Navy may solicit proposals and award one or more contracts for the overhaul, repair, or maintenance of one or more naval vessels involving work to be performed in an area outside the area of the homeport of the vessel or vessels concerned.''.

______

SA 4033. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. COREY ADAMS GREEN ALERT SYSTEMS TECHNICAL

ASSISTANCE.

(a) Definitions.--In this section:

(1) Green alert.--The term ``Green Alert'' means an alert issued through the Green Alert communications network, relating to a missing veteran.

(2) Missing veteran.--The term ``missing veteran'' means an individual who--

(A) is reported to, or identified by, a law enforcement agency as a missing person;

(B) is a veteran; and

(C) meets the requirements to be designated as a missing veteran, as determined by the State in which the individual is reported or identified as a missing person.

(3) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(4) Veteran.--The term ``veteran'' means an individual who is a current or former member of the Armed Forces, including an individual who is currently serving or formerly served in a reserve component (including the National Guard).

(b) Financial and Technical Assistance.--The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall provide financial and technical assistance to a State that has established or has under consideration legislation to establish a Green Alert or other system specifically dedicated to locating missing veterans, to help ensure the effective use of those systems to successfully find and recover missing veterans.

(1) helping the State develop, revise, or update criteria for issuing such alerts, including on when to issue such alerts, training to provide to law enforcement on interacting with veterans and provide recommendations on how best to protect the privacy, dignity, and independence of veterans who are the subject of such alerts;

(2) providing assistance to the State on protecting the privacy of veterans, including sensitive medical information, as such alerts are issued;

(3) designating officials to serve or participate on any advisory committees established by the State or local governments to provide oversight of Green Alert systems dedicated to finding missing veterans;

(4) for those veterans recovered by such systems, helping ensure such veterans are connected to any services provided by the Department of Veterans Affairs or the Department of Defense to which they are entitled as a result of their service in the Armed Forces, including housing and health care;

(5) providing public education on these systems to military or veteran communities in such States, including on facilities of the Department of Veterans Affairs or the Department of Defense located in such States;

(6) supporting efforts to train State and local law enforcement who issue such alerts and search for missing veterans on the unique needs of veterans; and

(7) ensuring officials of the Department of Veterans Affairs or the Department of Defense in such States are aware of Green Alerts, understand how they work, and integrate them with any plan for locating missing veterans at a base or facility of the Department of Veterans Affairs or the Department of Defense.

(d) Use of Existing Mechanisms.--To the maximum extent possible, the Secretary of Defense and the Secretary of Veterans Affairs shall use existing mechanisms, including advisory committees and programs, to meet the requirements of this section.

(e) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 for fiscal year 2022 to carry out this section.

(f) Offset.--The amount authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance is hereby decreased by $2,000,000, with the amount of the decrease to be taken from the availability of amounts for the Office of Secretary of Defense.

______

SA 4034. Ms. BALDWIN (for herself and Mr. Johnson) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In the funding table in section 4101, after the item relating to PLS ESP, insert a new item relating to ``Hvy Expanded Mobile Tactical Truck Ext Serv'' with ``109,000'' in the Senate Authorized column.

In the funding table in section 4101, in the item relating to Total Other Procurement, Army, strike the amount in the Senate Authorized column and insert ``8,989,492''.

In the funding table in section 4101, in the item relating to Total Procurement, strike the amount in the Senate Authorized column and insert ``144,163,529''.

In the funding table in section 4301 relating to Afghan National Army, in the item relating to Sustainment, strike the amount in the Senate Authorized column and insert

``944,668''.

In the funding table in section 4301, in the item relating to Subtotal Afghan National Army, strike the amount in the Senate Authorized column and insert ``1,001,234''.

In the funding table in section 4301, in the item relating to Total Afghan Security Forces Fund, strike the amount in the Senate Authorized column and insert ``3,218,810''.

In the funding table in section 4301, in the item relating to Total Operation and Maintenance, strike the amount in the Senate Authorized column and insert ``260,462,205''.

______

SA 4035. Ms. BALDWIN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

Subtitle F--Made in America Shipbuilding Act of 2021

SEC. 861. SHORT TITLE.

This subtitle may be cited as the ``Made in America Shipbuilding Act of 2021''.

SEC. 862. DOMESTIC SHIPBUILDING REQUIREMENT.

(a) In General.--The head of an executive agency may not enter into a contract related to the acquisition, construction, or conversion of a vessel unless the vessel is to be constructed or converted in the United States.

(b) Executive Agency Defined.--In this section, the term

``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

SEC. 863. DOMESTIC SOURCING REQUIREMENT FOR SHIPBOARD

COMPONENTS.

(a) In General.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section:

``Sec. 4715. Domestic sourcing requirement for shipboard components

``(a) Requirement for United States Manufacture.--

``(1) Limitation on procurements.--The head of an executive agency may procure any of the following components for vessels only if the items are manufactured in the United States:

``(A) In general.--The following components for vessels:

``(i) Air circuit breakers.

``(ii) Welded shipboard anchor and mooring chain with a diameter of four inches or less.

``(iii) Auxiliary equipment, including pumps, for all shipboard services.

``(iv) Propulsion system components, including main propulsion engines, hybrid drive systems, propulsion shafting, engine crankshafts, reduction gears, and propellers.

``(v) Shipboard cranes.

``(vi) Spreaders for shipboard cranes.

``(vii) Power Distribution equipment, Energy Store Systems, energy storage/magazine equipment.

``(viii) Auxiliary propulsion units and systems, including bow and tunnel thrusters, waterjets, dynamic positioning systems, and hybrid propulsion systems.

``(ix) Ship service and emergency power generation equipment (prime movers and generators).

``(x) Military Qualified Wire and Cable and derived products.

``(xi) Specialized Valves for pneumatic, fuel, firefighting, countermeasure wash down, and chilled water systems.

``(xii) Low voltage (LV) and high voltage (HV) switchgear.

``(xiii) Power converters.

``(xiv) Power inverters.

``(xv) Frequency converters.

``(xvi) Aircraft Electrical Starting Stations (AESS).

``(xvii) Degaussing systems.

``(xviii) Static Automatic Bus Transfer Switches (SABTs).

``(xix) Inertial navigation systems and gyrocompass.

``(xx) Capstans.

``(xxi) Winches.

``(xxii) Hoists.

``(xxiii) Outboard motors.

``(xxiv) Windlasses.

``(B) Other components.--The following components of vessels, to the extent they are unique to marine applications: gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion and machinery control systems, and totally enclosed lifeboats.

``(C) Valves and machine tools.--Items in the following categories:

``(i) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping for naval surface ships and submarines.

``(ii) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461.

``(2) Applicability to certain items.--Paragraph (1) does not apply to a procurement of spare or repair parts needed to support components for vessels produced or manufactured outside the United States.

``(3) Waiver authority.--The head of an executive agency may waive the limitation in paragraph (1) with respect to the procurement of an item listed in that paragraph if the head of the agency determines that any of the following apply:

``(A) Application of the limitation would increase the cost of the overall acquisition by more than 25 percent or cause unreasonable delays to be incurred.

``(B) Satisfactory quality items manufactured by a domestic entity are not available or domestic production of such items cannot be initiated without significantly delaying the project for which the item is to be acquired.

``(C) Application of the limitation would result in the existence of only one domestic source for the item.

``(D) Application of the limitation is not in the national security interests of the United States.

``(4) Implementation of waiver authority.--

``(A) Non-delegation of authority.--The head of an agency may not delegate the waiver authority under paragraph (3).

``(B) Publication.--Not later than 30 days after exercising the waiver authority under paragraph (3), the head of the agency shall publish in an easily identifiable location on the website of the agency information regarding the waiver, including a detailed justification for the waiver.

``(5) Annual report.--Not later than 180 days after the end of each fiscal year, the head of each executive agency that has used a waiver described in this section in the fiscal year shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the total amount of waivers used and detailed information regarding and justification for the waiver.

``(b) Components Containing Specialty Metals.--

``(1) Limitation on procurements.--The head of an executive agency may not enter into a contract for the procurement of end items or components for ships that contain a specialty metal not melted or produced in the United States.

``(2) Availability exception.--

``(A) In general.--Paragraph (1) does not apply to the extent that the head of an executive agency determines that compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed. For purposes of the preceding sentence, the term `compliant specialty metal' means specialty metal melted or produced in the United States.

``(B) Applicability.--This paragraph applies to prime contracts and subcontracts at any tier under such contracts.

``(3) Exception for certain acquisitions.--Paragraph (1) does not apply to the following:

``(A) Acquisitions outside the United States in support of combat operations or in support of contingency operations.

``(B) Acquisitions for which the use of procedures other than competitive procedures has been approved on the basis of section 3304(c) of this title, relating to unusual and compelling urgency of need.

``(4) Exception relating to agreements with foreign governments.--Paragraph (1) does not preclude the acquisition of a specialty metal if--

``(A) the acquisition is necessary--

``(i) to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or

``(ii) in furtherance of agreements with foreign governments in which both such governments agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country; and

``(B) any such agreement with a foreign government complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with section 2457 of title 10.

``(5) Exception for small purchases.--Paragraph (1) does not apply to acquisitions in amounts not greater than the simplified acquisition threshold referred to in section 134 of this title.

``(6) Exception for purchases of electronic components.--Paragraph (1) does not apply to acquisitions of electronic components, unless the head of the agency, with the concurrence of the Secretary of Defense and upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of title 10, determines that the domestic availability of a particular electronic component is critical to national security.

``(7) Applicability to acquisitions of commercial items.--

``(A) In general.--Except as provided in subparagraphs (B) and (C), this section applies to acquisitions of commercial items, notwithstanding sections 1906 and 1907 of this title.

``(B) Exceptions.--This section does not apply to contracts or subcontracts for the acquisition of commercially available off-the-shelf items, as defined in section 104 of this title, other than--

``(i) contracts or subcontracts for the acquisition of specialty metals, including mill products, such as bar, billet, slab, wire, plate and sheet, that have not been incorporated into end items, subsystems, assemblies, or components;

``(ii) contracts or subcontracts for the acquisition of forgings or castings of specialty metals, unless such forgings or castings are incorporated into commercially available off-the-shelf end items, subsystems, or assemblies;

``(iii) contracts or subcontracts for commercially available high performance magnets unless such high performance magnets are incorporated into commercially available off-the-shelf end items or subsystems; and

``(iv) contracts or subcontracts for commercially available off-the-shelf fasteners, unless such fasteners are--

``(I) incorporated into commercially available off-the-shelf end items, subsystems, assemblies, or components; or

``(II) purchased as provided in subparagraph (C).

``(C) Inapplicability to certain fasteners.--This subsection does not apply to fasteners that are commercial items that are purchased under a contract or subcontract with a manufacturer of such fasteners, if the manufacturer has certified that it will purchase, during the relevant calendar year, an amount of domestically melted specialty metal, in the required form, for use in the production of such fasteners for sale to executive agencies and other customers, that is not less than 50 percent of the total amount of the specialty metal that it will purchase to carry out the production of such fasteners.

``(8) Exceptions for purchases of specialty metals below minimum threshold.--

``(A) In general.--Notwithstanding paragraph (1), the head of an executive agency may accept delivery of an item containing specialty metals that were not melted in the United States if the total amount of noncompliant specialty metals in the item does not exceed 2 percent of the total weight of specialty metals in the item.

``(B) Exception.--This paragraph does not apply to high performance magnets.

``(9) Streamlined compliance for commercial derivative military articles.--

``(A) In general.--Paragraph (1) shall not apply to an item acquired under a prime contract if the head of an executive agency determines that--

``(i) the item is a commercial derivative military article; and

``(ii) the contractor certifies that the contractor and its subcontractors have entered into a contractual agreement, or agreements, to purchase an amount of domestically melted specialty metal in the required form, for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, that is not less than the greater of--

``(I) an amount equivalent to 120 percent of the amount of specialty metal that is required to carry out the production of the commercial derivative military article (including the work performed under each subcontract); or

``(II) an amount equivalent to 50 percent of the amount of specialty metal that is purchased by the contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article.

``(B) Determination of amount of specialty metal required.--For the purposes of this paragraph, the amount of specialty metal that is required to carry out the production of the commercial derivative military article includes specialty metal contained in any item, including commercially available off-the-shelf items, incorporated into such commercial derivative military article.

``(10) National security waiver.--

``(A) In general.--Notwithstanding paragraph (1), the head of an executive agency may accept the delivery of an end item containing noncompliant materials if the head of the executive agency determines in writing that acceptance of such end item is necessary to the national security interests of the United States.

``(B) Requirements.--A written determination under subparagraph (A)--

``(i) shall specify the quantity of end items to which the waiver applies and the time period over which the waiver applies; and

``(ii) shall be provided to Congress prior to making such a determination (except that in the case of an urgent national security requirement, such certification may be provided to Congress up to 7 days after it is made).

``(C) Knowing or willful noncompliance.--

``(i) Determination.--In any case in which the head of an executive agency makes a determination under subparagraph

(A), the head of the executive agency shall determine whether or not the noncompliance was knowing and willful.

``(ii) Not knowing or willful noncompliance.--If the head of the executive agency determines that the noncompliance was not knowing or willful, the head of the executive agency shall ensure that the contractor or subcontractor responsible for the noncompliance develops and implements an effective plan to ensure future compliance.

``(iii) Knowing or willful noncompliance.--If the head of the executive agency determines that the noncompliance was knowing or willful, the head of the executive agency shall--

``(I) require the development and implementation of a plan to ensure future compliance; and

``(II) consider suspending or debarring the contractor or subcontractor until such time as the contractor or subcontractor has effectively addressed the issues that lead to such noncompliance.

``(11) Specialty metal defined.--In this subsection, the term `specialty metal' means any of the following:

``(A) Steel--

``(i) with a maximum alloy content exceeding one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or

``(ii) containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium.

``(B) Metal alloys consisting of nickel, iron-nickel, and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 10 percent.

``(C) Titanium and titanium alloys.

``(D) Zirconium and zirconium base alloys.

``(12) Additional definitions.--In this subsection:

``(A) The term `United States' includes possessions of the United States.

``(B) The term `component' has the meaning provided in section 105 of this title.

``(C) The term `acquisition' has the meaning provided in section 131 of this title.

``(D) The term `required form'--

``(i) shall not apply to end items or to their components at any tier; and

``(ii) means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the production of--

``(I) a finished end item delivered to the executive agency; or

``(II) a finished component assembled into an end item delivered to the executive agency.

``(E) The term `commercially available off-the-shelf' has the meaning provided in section 104 of this title.

``(F) The term `assemblies' means items forming a portion of a system or subsystem that can be provisioned and replaced as an entity and which incorporates multiple, replaceable parts.

``(G) The term `commercial derivative military article' means an item procured by the Department of Defense that is or will be produced using the same production facilities, a common supply chain, and the same or similar production processes that are used for the production of articles predominantly used by the general public or by nongovernmental entities for purposes other than governmental purposes.

``(H) The term `subsystem' means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.

``(I) The term `end item' means the final production product when assembled or completed, and ready for issue, delivery, or deployment.

``(J) The term `subcontract' includes a subcontract at any tier.

``(c) Use of United States Steel, Iron, Aluminum, and Manufactured Products.--

``(1) In general.--The head of an executive agency may not enter into a contract related to the construction of a vessel unless the steel, iron, aluminum, and manufactured products to be used in the construction of the vessel are produced in the United States.

``(2) Exceptions.--The provisions of paragraph (1) shall not apply where the head of an executive agency finds--

``(A) that their application would be inconsistent with the public interest;

``(B) that such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

``(C) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent.

``(3) Implementation of exceptions.--

``(A) Non-delegation of authority.--The head of an agency may not delegate the authority to make a finding described in paragraph (2).

``(B) Publication.--Not later than 30 days after making a finding described in paragraph (2), the head of the agency shall publish in an easily identifiable location on the website of the agency information regarding the finding, including a detailed justification for the exception.

``(4) Annual report.--Not later than 180 days after the end of each fiscal year, the head of each executive agency that has made an exception finding described in paragraph (2) in the fiscal year shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the total amount of exceptions used and detailed information regarding and justification for the exceptions.

``(5) Calculation of component cost.--For purposes of this subsection, in calculating components' costs, labor costs involved in final assembly shall not be included in the calculation.

``(6) Intentional violations.--If it has been determined by a court or Federal agency that any person intentionally--

``(A) affixed a label bearing a `Made in America' inscription, or any inscription with the same meaning, to any product used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or

``(B) represented that any product used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States,that person shall be debarred from contracting with the Federal Government for a period of not less than 5 years.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 4714 the following new item:

``4715. Domestic sourcing requirement for shipboard components.''.

SEC. 864. CONFORMING AMENDMENTS RELATED TO DEPARTMENT OF

DEFENSE PROVISIONS.

(a) Use of United States Steel, Iron, Aluminum, and Manufactured Products.--

(1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

``Sec. 2339d. Use of United States steel, iron, aluminum, and manufactured products in shipbuilding

``(a) In General.--The head of an agency may not enter into a contract related to the construction of a vessel unless the steel, iron, aluminum, and manufactured products to be used in the construction of the vessel are produced in the United States.

``(b) Exceptions.--The provisions of subsection (a) shall not apply where the head of the agency finds--

``(1) that their application would be inconsistent with the public interest;

``(2) that such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

``(3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent.

``(c) Implementation of Exceptions.--

``(1) Non-delegation of authority.--The head of an agency may not delegate the authority to make a finding described in subsection (b).

``(2) Publication.--Not later than 30 days after making a finding described in subsection (b), the head of the agency shall publish in an easily identifiable location on the website of the agency information regarding the finding, including a detailed justification for the exception.

``(d) Annual Report.--Not later than 180 days after the end of each fiscal year, the head of each executive agency that has made an exception finding described in subsection (b) in the fiscal year shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the total amount of exceptions used and detailed information regarding and justification for the exceptions.

``(e) Calculation of Component Cost.--For purposes of this section, in calculating components' costs, labor costs involved in final assembly shall not be included in the calculation.

``(f) Intentional Violations.--If it has been determined by a court or Federal agency that any person intentionally--

``(1) affixed a label bearing a `Made in America' inscription, or any inscription with the same meaning, to any product used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or

``(2) represented that any product used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States, that person shall be debarred from contracting with the Federal Government for a period of not less than 5 years.''.

(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2339c the following new item:

``2339d. Use of United States steel, iron, aluminum, and manufactured products in shipbuilding.''.

(3) Future transfer.--

(A) Transfer and redesignation.--Section 2339d of title 10, United States Code, as added by paragraph (1), is transferred to subchapter II of chapter 385 of such title, added after section 4864, as transferred and redesignated by section 1870(c)(2) of the William M.

(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), and redesignated as section 4865.

(B) Clerical amendments.--

(i) Target chapter table of sections.--The table of sections at the beginning of subchapter II of chapter 385 of title 10, United States Code, as added by section 1870(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended by inserting after the item related to section 4864 the following new item:

``4865. Use of United States steel, iron, aluminum, and manufactured products in shipbuilding.''.

(ii) Origin chapter table of sections.--The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by paragraph (1), is further amended by striking the item relating to section 2339d.

(D) Effective date.--The transfer, redesignation, and amendments made by this paragraph shall take effect immediately after title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) takes effect.

(E) References; savings provision; rule of construction.--Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

(Public Law 116-283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

(b) Miscellaneous Limitations on the Procurement of Goods Other Than United States Goods.--

(1) In general.--Section 2534(a)(3)(A) of title 10, United States Code, is amended by adding at the end the following new clauses:

``(i) Air circuit breakers.

``(ii) Welded shipboard anchor and mooring chain with a diameter of four inches or less.

``(iii) Auxiliary equipment, including pumps, for all shipboard services.

``(iv) Propulsion system components, including main propulsion engines, hybrid drive systems, propulsion shafting, engine crankshafts, reduction gears, and propellers.

``(v) Shipboard cranes.

``(vi) Spreaders for shipboard cranes.

``(vii) Power Distribution equipment, Energy Store Systems, energy storage/magazine equipment.

``(viii) Auxiliary propulsion units and systems, including bow and tunnel thrusters, waterjets, dynamic positioning systems, and hybrid propulsion systems.

``(ix) Ship service and emergency power generation equipment (prime movers and generators).

``(x) Military Qualified Wire and Cable and derived products.

``(xi) Specialized Valves for pneumatic, fuel, firefighting, countermeasure wash down, and chilled water systems.

``(xii) Low voltage (LV) and high voltage (HV) switchgear.

``(xiii) Power converters.

``(xiv) Power inverters.

``(xv) Frequency converters.

``(xvi) Aircraft Electrical Starting Stations (AESS).

``(xvii) Degaussing systems.

``(xviii) Static Automatic Bus Transfer Switches (SABTs).

``(xix) Inertial navigation systems and gyrocompass.

``(xx) Capstans.

``(xxi) Winches.

``(xxii) Hoists.

``(xxiii) Outboard motors.

``(xxiv) Windlasses.''.

(2) Applicability of previously sunsetted provisions.--Subsection (c)(2)(C) of section 2534 of title 10, United States Code, is amended by striking ``shall cease to be effective on October 1, 1996'' and inserting ``shall be in effect during--

``(i) the period beginning on the date of the enactment of this paragraph and ending on October 1, 1996; and

``(ii) the period beginning on the date of the enactment of the Made in America Shipbuilding Act of 2021.''.

SEC. 865. APPLICABILITY.

The requirements under this subtitle and the amendments made by this subtitle--

(1) apply to contracts entered into on or after the date of the enactment of this Act; and

(2) do not apply to--

(A) contracts entered into before the date of the enactment of this Act; or

(B) options included as part of such contracts as of such date of enactment.

______

SA 4036. Ms. BALDWIN (for herself and Ms. Ernst) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title V, add the following:

SEC. 596. WHISTLEBLOWER PROTECTIONS FOR MEMBERS OF THE

RESERVE COMPONENTS.

Section 1034(j) of title 10, United States Code, is amended--

(1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (5), respectively; and

(2) by inserting before paragraph (2), as redesignated by paragraph (1) of this section, the following new paragraph:

``(1) The term `member of the armed forces' is defined as an officer or enlisted member of the armed forces on active duty, or an officer or enlisted member of a reserve component of the armed forces, regardless of duty status, as those terms are defined in section 101 of title 10, United States Code.''.

______

SA 4037. Ms. DUCKWORTH submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title IV, add the following:

SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING

ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY

TOWARDS AUTHORIZED END STRENGTHS.

Section 115(b)(2)(B) of title 10, United States Code, is amended by striking ``1095 days in the previous 1460 days'' and inserting ``1825 days in the previous 2190 days''.

______

SA 4038. Mr. MANCHIN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

SEC. 1043. HONORING THE LAST SURVIVING MEDAL OF HONOR

RECIPIENT OF WORLD WAR II.

(a) Use of Rotunda.--The individual who is the last surviving recipient of the Medal of Honor for acts performed during World War II shall be permitted to lie in state in the rotunda of the Capitol upon death, if the individual (or the next of kin of the individual) so elects.

(b) Implementation.--The Architect of the Capitol, under the direction of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take the necessary steps to implement subsection (a).

______

SA 4039. Mr. MANCHIN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 318. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL

RESTORATION PROGRAM FOR STATE-OWNED FACILITIES

OF THE NATIONAL GUARD WITH PROVEN EXPOSURE OF

HAZARDOUS SUBSTANCES AND WASTE.

(a) Definition of State-owned National Guard Facility.--Section 2700 of title 10, United States Code, is amended by adding at the end the following new paragraph:

``(4) The term `State-owned National Guard facility' means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.''.

(b) Authority for Defense Environmental Restoration Program.--Section 2701(a)(1) of such title is amended, in the first sentence, by inserting ``and at State-owned National Guard facilities'' before the period.

(c) Responsibility for Response Actions.--Section 2701(c)(1) of such title is amended by adding at the end the following new subparagraph:

``(D) Each State-owned National Guard facility being used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department at the time of actions leading to contamination by hazardous substances or pollutants or contaminants.''.

______

SA 4040. Ms. MURKOWSKI submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title VIII, add the following:

SEC. 857. AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT RESCUE

AIRCRAFT AND EQUIPMENT.

The Secretary of the Air Force shall submit to the congressional defense committees a strategy for the Department of the Air Force for the acquisition of combat rescue aircraft and equipment that aligns with the stated capability and capacity requirements of the Air Force to meet the national defense strategy (required under section 113(g) of title 10, United States Code) and Arctic Strategy of the Department of the Air Force.

______

SA 4041. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XV, add the following:

SEC. 1516. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

(a) Presence in Low-Earth Orbit.--

(1) Sense of congress.--It is the sense of Congress that--

(A) it is in the national and economic security interests of the United States to maintain a continuous human presence in low-Earth orbit;

(B) the International Space Station is a strategic national security asset vital to the continued space exploration and scientific advancements of the United States; and

(C) low-Earth orbit should be utilized as a testbed to advance human space exploration, scientific discoveries, and United States economic competitiveness and commercial participation.

(2) Human presence requirement.--The United States shall continuously maintain the capability for a continuous human presence in low-Earth orbit through and beyond the useful life of the International Space Station.

(b) Maintaining a National Laboratory in Space.--

(1) Sense of congress.--It is the sense of Congress that--

(A) the United States national laboratory in space, which currently consists of the United States segment of the International Space Station (designated as a national laboratory under section 70905 of title 51, United States Code)--

(i) benefits the scientific community and promotes commerce in space;

(ii) fosters stronger relationships among the National Aeronautics and Space Administration (referred to in this section as ``NASA'') and other Federal agencies, the private sector, and research groups and universities;

(iii) advances science, technology, engineering, and mathematics education through utilization of the unique microgravity environment; and

(iv) advances human knowledge and international cooperation;

(B) after the International Space Station is decommissioned, the United States should maintain a national microgravity laboratory in space;

(C) in maintaining a national microgravity laboratory described in subparagraph (B), the United States should make appropriate accommodations for different types of ownership and operational structures for the International Space Station and future space stations;

(D) the national microgravity laboratory described in subparagraph (B) should be maintained beyond the date on which the International Space Station is decommissioned and, if possible, in cooperation with international space partners to the extent practicable; and

(E) NASA should continue to support fundamental science research on future platforms in low-Earth orbit and cis-lunar space, short duration suborbital flights, drop towers, and other microgravity testing environments.

(2) Report.--The Administrator of NASA shall produce, in coordination with the National Space Council and other Federal agencies as the Administrator considers relevant, a report detailing the feasibility of establishing a microgravity national laboratory federally funded research and development center to undertake the work related to the study and utilization of in-space conditions.

(1) In general.--Section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) is amended by striking ``2024'' and inserting

``2030''.

(2) Maintenance of the united states segment and assurance of continued operations of the international space station.--Section 503(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) is amended by striking ``2024'' and inserting ``2030''.

(3) Research capacity allocation and integration of research payloads.--Section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is amended by striking ``2024'' each place it appears and inserting ``2030''.

(4) Maintaining use through at least 2030.--Section 70907 of title 51, United States Code, is amended--

(A) in the section heading, by striking ``2024'' and inserting ``2030''; and

(B) by striking ``2024'' each place it appears and inserting ``2030''.

(d) Transition Plan Reports.--Section 50111(c)(2) of title 51, United States Code, is amended--

(1) in the matter preceding subparagraph (A), by striking

``2023'' and inserting ``2028''; and

(2) in subparagraph (J), by striking ``2028'' and inserting

``2030''.

(e) Department of Defense Activities on International Space Station.--

(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall--

(A) identify and review each activity, program, and project of the Department of Defense completed, being carried out, or planned to be carried out on the International Space Station as of the date of the review; and

(B) provide to the appropriate committees of Congress a briefing that describes the results of the review.

(2) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means--

(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives.

______

SA 4042. Ms. ROSEN (for herself, Mr. Sasse, and Mr. King) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. NATIONAL CYBER EXERCISE PROGRAM.

(a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following new section:

``SEC. 2220A. NATIONAL CYBER EXERCISE PROGRAM.

``(a) Establishment of Program.--

``(1) In general.--There is established in the Agency the National Cyber Exercise Program (referred to in this section as the `Exercise Program') to evaluate the National Cyber Incident Response Plan, and other related plans and strategies.

``(2) Requirements.--

``(A) In general.--The Exercise Program shall be--

``(i) based on current risk assessments, including credible threats, vulnerabilities, and consequences;

``(ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident;

``(iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and

``(iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations.

``(B) Model exercise selection.--The Exercise Program shall--

``(i) include a selection of model exercises that government and private entities can readily adapt for use; and

``(ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that--

``(I) conform to the requirements described in subparagraph

(A);

``(II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and

``(III) provide for systematic evaluation of readiness.

``(3) Consultation.--In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils.

``(b) Definitions.--In this section:

``(1) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.

``(2) Private entity.--The term `private entity' has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).

``(c) Rule of Construction.--Nothing in this section shall be construed to affect the authority or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748).''.

(b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2217 the following:

``Sec. 2220A. National Cyber Exercise Program.''.

______

SA 4043. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VIII, add the following:

SEC. 838. MODIFICATION OF PROHIBITION ON ACQUISITION OF

CERTAIN SENSITIVE MATERIALS.

(a) Extension of Prohibition to Mined, Refined, and Separated Materials.--Subsection (a)(1) of section 2533c of title 10, United States Code, is amended by striking ``melted or produced'' and inserting ``mined, refined, separated, melted, or produced''.

(b) Commercially Available Off-the-shelf Item Exception.--Subsection (c)(3)(A)(i) of such section is amended by striking ``50 percent or more tungsten'' and inserting ``50 percent or more covered material''.

______

SA 4044. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the following:

SEC. 12__. UNITED STATES-ISRAEL DIRECTED ENERGY CAPABILITIES

COOPERATION.

(a) Authority.--

(1) In general.--Subject to paragraphs (2) and (3), the Secretary of Defense, upon request by the Minister of Defense of Israel and with the concurrence of the Secretary of State, is authorized to carry out research, development, test, and evaluation activities on a joint basis with Israel to establish directed energy capabilities that address threats to the United States, deployed forces of the United States, or Israel.

(2) Protection of sensitive information and national security interests.--Any activity carried out under paragraph

(1) shall be conducted in a manner that appropriately protects sensitive information, the national security interests of the United States, and the national security interests of Israel.

(3) Report.--The activities described in paragraph (1) may be carried out [only] after the date on which the Secretary of Defense submits to the appropriate committees of Congress a report setting forth the following:

(A) A memorandum of agreement between the United States and Israel regarding the sharing of research and development costs for the capabilities described in paragraph (1), and any supporting documents.

(B) A certification that such memorandum of agreement--

(i) requires the sharing of costs of projects, including in-kind support, between the United States and Israel;

(ii) establishes a framework to negotiate the rights to any intellectual property developed under the memorandum of agreement; and

(iii) requires the United States Government to receive semiannual reports on the expenditure of funds, if any, by the Government of Israel, including a description of the use of such funds, the dates on which such funds were expended, and an identification of entities that expended such funds.

(b) Support for Activities.--

(1) In general.--Subject to paragraphs (2) and (3), the Secretary of Defense is authorized to provide maintenance and sustainment support to Israel for the activities authorized under subsection (a)(1), including support for the installation of equipment necessary to carry out such activities.

(2) Report.--The support described in paragraph (1) may not be provided until 15 days after the date on which the Secretary of Defense submits to the appropriate committees of Congress a report setting forth a detailed description of the support to be provided.

(3) Matching contribution.--The support described in paragraph (1) may not be provided unless the Secretary of Defense certifies to the appropriate committees of Congress that the Government of Israel will contribute to such support--

(A) an amount equal to not less than the amount of support to be so provided; or

(B) an amount that otherwise meets the best efforts of Israel, as mutually agreed to by the United States and Israel.

(c) Lead Agency.--The Secretary of Defense shall designate an appropriate research and development entity of a military department as the lead agency of the Department of Defense in carrying out this section.

(d) Annual Report.--Not less frequently than annually, the Secretary of Defense shall submit to the appropriate committees of Congress a report that contains a copy of the

[two] most recent semiannual reports provided by the Government of Israel to the Department of Defense pursuant to subsection (a)(3)(B)(iii).

(e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

______

SA 4045. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XV, add the following:

SEC. 1516. ADDITIONAL FUNDING FOR EDGEONE.

(a) Additional Funding.--The amount authorized to be appropriated for fiscal year 2022 by section 201 for research, development, test, and evaluation is hereby increased by $7,000,000, with the amount of the increase to be available for Enterprise Ground Services (PE 1206770SF).

(b) Availability.--The amount available under subsection

(a) shall be available for ongoing implementation of EdgeONE within the Enterprise Ground Services.

______

SA 4046. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REPORT ON EFFORTS TO EXPAND DISTRIBUTION OF

ENTERPRISE SOFTWARE INITIATIVE BLANKET PURCHASE

AGREEMENTS.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the efforts of the Secretary to expand the distribution of enterprise software initiative (ESI) blanket purchase agreements (BPAs).

______

SA 4047. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title V, insert the following:

SEC. 576. PROHIBITION ON LIMITING OF CERTAIN PARENTAL

GUARDIANSHIP RIGHTS OF CADETS AND MIDSHIPMEN.

(a) Prohibition.--

(1) In general.--The Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Transportation, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, as appropriate, shall prescribe in regulations policies ensuring that the parental guardianship rights of cadets and midshipmen are protected consistent with individual and academic responsibilities.

(2) Protection of parental guardianship rights.--The regulations prescribed under paragraph (1) shall provide that--

(A) a cadet or midshipman of a military service academy may not be required to give up his or her parental guardianship rights in the event of a pregnancy occurring after the beginning of the cadet's or midshipman's first day of academic courses;

(B) except as provided under paragraph (3), military service academy may not involuntarily disenroll a cadet or midshipman who becomes pregnant or fathers a child while enrolled at the academy; and

(C) a cadet or midshipman who becomes pregnant while enrolled at a military service academy shall be allowed to take unpaid medical leave for up to one year and return to the academy to resume classes afterward.

(3) Responsibilities of parents enrolled at military service academies.--The regulations prescribed under paragraph (1) shall require cadets and midshipmen with dependents to establish a family care plan with appropriate academy leadership. The family care plan shall include the following provisions:

(A) The care plan must include a full-time provider responsible for the dependent who is not enrolled at the military service academy, as another parent or guardian of the dependent or a family member of the cadet or midshipman. The full-time care provider must have either full power-of-attorney authority or guardianship rights in order to prevent situations where the cadet or midshipman is pulled away from his or her duties and responsibilities at the military service academy. The cadet or midshipman may not rely on base facilities or child-care services, and must be able to function as any other cadet, including residing in academy dormitories.

(B) Except as provided under paragraphs (4) and (5)(B)(i), the cadet or midshipman may not receive additional compensation, benefits, or concessions from the military service academy on account of having a dependent, to include money, leave, or liberty. The dependent or dependents of the midshipman or cadet is entitled any benefits and entitlements provided by law or policy to dependents of members of the Armed Forces.

(C) A cadet or midshipman with a dependent may not be excused on account of such dependent from standard classes, training, traveling, fitness requirements, or any other responsibilities inherent to attending a military service academy.

(D) If both parents of a dependent are cadets or midshipmen, they must agree on the family care plan or face expulsion with no incurred obligations.

(E) If at any point the family care plan is no longer viable or negatively interferes with the cadet or midshipman's academic or training requirements, the cadet or midshipman may apply for disenrollment.

(4) Options for pregnant cadets and midshipmen.--The regulations prescribed under paragraph (1) shall provide that females becoming pregnant while enrolled at a military service academy shall have, at a minimum, the following options:

(A) At the conclusion of the current semester or when otherwise deemed medically appropriate, taking unpaid medical leave from the military service academy for up to one year followed by a return to full cadet or midshipman status (if remaining otherwise qualified).

(B) Seek a transfer to a university with a Reserve Officer Training Program for military service under the military department concerned.

(D) Enlistment in active-duty service, with all of the attendant benefits.

(5) Treatment of males fathering a child while enrolled at military service academies.--The regulations prescribed under paragraph (1) shall provide that males fathering a child while enrolled at a military service academy--

(A) shall not be required to give up parental rights; and

(B) shall not acquire any benefits or leave considerations as a result of fathering a child, except that--

(i) academy leadership shall establish policies to allow cadets and midshipmen at least one week of leave to attend the birth, which must be used in conjunction with the birth; and

(ii) in the event the male father becomes the sole financial provider for a dependent, the academy shall provide the father the same options available to a cadet or midshipman who becomes a mother while enrolled, including remaining enrolled in accordance with a family care plan established pursuant to paragraph (3) or selecting one of the options outlined in subparagraphs (B) and (C) of paragraph

(4).

(b) Rule of Construction.--Nothing in this section shall be construed as requiring or providing for the changing of admission requirements at any of the military service academies.

(1) The United States Military Academy, West Point, New York.

(2) The United States Naval Academy, Annapolis, Maryland.

(3) The United States Air Force Academy, Colorado Springs, Colorado.

(4) The United States Coast Guard Academy, New London, Connecticut.

(5) The United States Merchant Marine Academy, Kings Point, New York.

______

SA 4048. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the following:

SEC. 12__. ENSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.

(a) In General.--Before awarding a contract to an entity for the supply of fuel to any overseas location in which the United States is engaged in contingency operations, the Secretary of Defense shall ensure that--

(1) to the extent practicable, any supplier of fuel that would otherwise be responsible for providing such a supply of fuel has not been disqualified from supplying fuel on the basis of an unsupported denial of access to a facility or equipment by the host country government; and

(2) the entity complies with subsection (b).

(b) Requirement.--An entity offering to supply fuel to any overseas location of the Department of Defense shall--

(1) certify that--

(A) it has not been suspended or debarred from receiving Federal Government contracts; and

(B) the fuel to be provided, in whole or in part, or any derivative of such fuel, is not sourced from a country or region prohibited from selling petroleum to the United States, such as Iran or Venezuela;

(2) provide such records as are necessary to verify compliance with such anticorruption statutes and regulations as the Secretary considers necessary, including, without limitation--

(A) the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-1 et seq.);

(B) the International Traffic in Arms Regulations contained in subchapter M of chapter I of title 22, Code of Federal Regulations (or successor regulations);

(C) the Export Administration Regulations contained in subchapter C of chapter VII of title 15, Code of Federal Regulations (or successor regulations); and

(D) such regulations as may be promulgated by the Office of Foreign Assets Control; and

(3) disclose--

(A) any relevant communications between the entity and relevant individuals, organizations, or governments that directly or indirectly control physical access to the location of the contract performance; and

(B) any employees or consultants of the entity that worked for the Department of Defense in any contracting or policymaking position during the 10-year period immediately preceding the award.

(c)(3) of section 880 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (41 U.S.C. 3701 note) is amended by inserting ``, including bulk fuel supply and delivery,'' after ``logistics services,''.

(d) Report.--Not later than 180 days after the date on which a contract exceeding $50,000,000 is awarded for the supply of fuel to any overseas location in which the United States is engaged in contingency operations, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report that includes--

(1) an assessment of the price per gallon for fuel under the contract, together with an assessment of the price per gallon for fuel paid by other organizations in the same country or region of such country; and

(2) an assessment of the ability of the contracted entity to comply with sanctions on Iran and monitor for violations of such sanctions.

______

SA 4049. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 126, line 8, strike ``foam'' and insert

``solution''.

______

SA 4050. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 318. PARTICIPATION BY DEPARTMENT OF DEFENSE IN POLLUTANT

BANKING AND WATER QUALITY TRADING PROGRAMS.

(a) Authority to Participate.--The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.

(b) Treatment of Payments.--Payments made under subsection

(a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.

(c) Discharge of Pollutants Defined.--In this section, the term ``discharge of pollutants'' has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the

``Clean Water Act'').

______

SA 4051. Mr. CRUZ (for himself and Mr. Marshall) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title V, add the following:

SEC. 596. ANNUAL REPORT ON RELIGIOUS EXEMPTIONS.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the granting of religious exemptions to members of the Armed Forces during the previous fiscal year.

(b) Elements.--The report required under subsection (a) shall include the following information, disaggregated by religion and by military service:

(1) The number of requests for religious exemptions that were received by the Department of Defense.

(2) The number of such requested exemptions that were granted.

(3) The number of such requested exemptions that were denied.

______

SA 4052. Mr. CRUZ (for himself, Mr. Marshall, and Mrs. Blackburn) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VII, insert the following:

SEC. 7__. MEDICAL EXEMPTION FOR COVID-19 VACCINE REQUIREMENT

FOR MEMBERS OF THE ARMED FORCES WITH NATURAL

IMMUNITY.

The Secretary of Defense shall offer to any member of the Armed Forces who has previously contracted COVID-19 and has natural immunity a medical exemption for any requirement that the member receive a vaccine for COVID-19.

______

SA 4053. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the following:

SEC. 12__. STATUS OF TAIWAN UNDER THE ARMS EXPORT CONTROL

ACT.

The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--

(1) in section 3(b)(2), by inserting ``the Government of Taiwan,'' before ``or the Government of New Zealand'';

(2) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting

``Taiwan,'' before ``or New Zealand'' each place it appears; and

(3) in sections 21(h)(1)(A) and 21(h)(2), by inserting

``Taiwan,'' before ``or Israel'' each place it appears.

______

SA 4054. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ADDITIONAL PROHIBITION ON ACQUISITION OF SENSITIVE

MATERIALS.

(a) In General.--Section 4871 of title 10, United States Code, is amended--

(1) in subsection (a), by amending paragraph (1) to read as follows:

``(1) procure any covered material melted or produced in any covered nation or by any covered company, or any end item that contains a covered material manufactured in any covered nation or by any covered company; or''; and

(2) in subsection (d)--

(A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (3), respectively; and

(B) by inserting before paragraph (2), as redesignated, the following:

``(1) Covered company.--The term `covered company' means--

``(A) any company or joint venture registered outside the United States--

``(i) that is partially or fully owned by any state-owned entity from a covered nation; or

``(ii) 10 percent of the ownership of which is by 1 or more private investors from any covered nation;

``(B) any company or joint venture registered inside the United States--

``(i) is partially or fully owned by a state-owned entity from a covered nation; or

``(ii) after the date of the enactment of this Act, has entered into an agreement or a condition with the Committee on Foreign Investment in the United States under subsection

(l)(3)(A) of section 4565 of title 50, United States Code, that does not specifically refer to this section and provide that the company shall be eligible to supply covered products under this section; or

``(C) any other company that the President determines to be a threat to the security of supply of any covered material.''.

(b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate such regulations as may be necessary to carry out this section.

______

SA 4055. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title II, insert the following:

SEC. ___. ADDITIONAL FUNDING FOR STEEL PERFORMANCE

INITIATIVE.

(a) Additional Funding.--The amount authorized to be appropriated for fiscal year 2022 by section 201 for research, development, test, and evaluation is hereby increased by $10,000,000, with the amount of the increase to be available for Defense Wide RDT&E/DLA (PE 0603680S).

(b) Availability.--The amount available under paragraph (1) shall be available to support the Steel Performance Initiative.

______

SA 4056. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title III, add the following:

SEC. 376. IMPROVEMENT OF EXISTING FACILITIES AND SERVICES FOR

MILITARY WORKING DOGS.

(a) In General.--The Secretary of Defense shall improve existing facilities and services for military working dogs.

(b) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Defense $20,000,000 to carry out subsection (a).

______

SA 4057. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VII, add the following:

SEC. 728. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM

CAUSED TO CIVILIANS FOR CARE PROVIDED AT

MILITARY MEDICAL TREATMENT FACILITIES.

(a) Clarification of Fee Waiver Process.--Section 1079b of title 10, United States Code, is amended--

(1) by amending subsection (b) to read as follows:

``(b) Waiver of Fees.--Each commander (or director, as applicable) of a military medical treatment facility shall issue a waiver for a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian provided medical care at the facility who is not a covered beneficiary if the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the respective commander or director.''; and

(2) by redesignating subsection (c) as subsection (d).

(b) Modified Payment Plan for Certain Civilians.--

(1) In general.--Such section is further amended by inserting after subsection (b), as amended by subsection (a), the following:

``(c) Modified Payment Plan for Certain Civilians.--(1)(A) If a civilian specified in subsection (a) is covered by a third-party payer, insurance, medical service, or health plan

(as those terms are defined in section 1095(h) of this title and in this subsection referred to as a `Payer') at the time care covered by this section is provided, the civilian is only responsible to pay for any services not covered by their Payer, copays, coinsurance, deductibles, or nominal fees.

``(B)(i) The Secretary of Defense may bill only the Payer for care provided to a civilian described in subparagraph

(A).

``(ii) Payment received by the Secretary from the Payer of a civilian for care covered by this section that is provided to the civilian shall be considered payment in full for such care.

``(2) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1), is underinsured, or has a remaining balance and is at risk of financial harm, the Secretary of Defense shall reduce each fee that would otherwise be charged to the civilian under this section according to a sliding fee discount program.

``(3) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1) or (2), the Secretary of Defense shall implement an additional catastrophic waiver to prevent financial harm.

``(4) The modified payment plan under this subsection may not be administered by a Federal agency other than the Department of Defense.''.

(2) Effective date for payment plan.--The Secretary of Defense shall implement the payment plan established under subsection (c) of section 1079b of title 10, United States Code, as added by paragraph (1), not later than 180 days after the date of the enactment of this Act.

______

SA 4058. Mr. CRUZ (for himself and Mr. Cornyn) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2836. MODIFICATION OF INFRASTRUCTURE TO EXPEDITE THE

DEPLOYMENT BY RAIL OF HEAVY ARMORED DIVISIONS

AND ASSOCIATED EQUIPMENT FROM INSTALLATIONS OF

THE ARMY TO NAVAL PORTS.

(a) In General.--The Secretary of Defense shall modify or improve the infrastructure necessary to expedite the deployment by rail of heavy armored divisions and associated equipment from installations of the Army in the United States to naval ports in support of a large-scale conflict with a near-peer adversary to ensure that installations of the Army that house armored divisions have a rail facility with multiple spurs to allow for the expedited deployment of troops and equipment.

(b) Use of Amounts.--The Secretary may expend not more than

$150,000,000 to carry out the requirement under subsection

(a).

______

SA 4059. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title III, add the following:

SEC. 376. AUTHORIZATION OF AMOUNTS TO THE DEPARTMENT OF

DEFENSE TO BE USED TO CONDUCT ANNUAL AND

PERIODIC INTELLIGENCE, SURVEILLANCE, AND

RECONNAISSANCE TRAINING ALONG THE LAND AND

WATER BORDERS OF THE UNITED STATES.

(a) Authorization of Amounts.--

(1) Joint task force north.--The amount authorized to be appropriated to the Department of Defense for fiscal year 2022 for operation and maintenance for the Joint Task Force North is hereby increased by $25,000,000.

(2) Joint interagency task force south.--The amount authorized to be appropriated to the Department of Defense for fiscal year 2022 for operation and maintenance for the Joint Interagency Task Force South is hereby increased by

$25,000,000.

(b) Use of Amounts.--

(1) In general.--The amounts of the increases under paragraphs (1) and (2) of subsection (a) shall be used by aviation units from the Army, Navy, and Air Force to conduct annual and periodic intelligence, surveillance, and reconnaissance training along the land and water borders of the United States.

(2) Use of camera feeds.--In conducting training under paragraph (1), aviation units described in such paragraph shall provide the feed from any cameras or sensors used on the aircraft during the training to the Commissioner of U.S. Customs and Border Protection.

______

SA 4060. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1064. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE

UNITED STATES OF REAL ESTATE PURCHASES OR

LEASES NEAR MILITARY INSTALLATIONS OR MILITARY

AIRSPACE.

(a) Inclusion in Definition of Covered Transaction.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended--

(1) in subparagraph (A)--

(A) in clause (i), by striking ``; and'' and inserting a semicolon;

(B) in clause (ii), by striking the period at the end and inserting ``; and''; and

``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022.''; and

(2) in subparagraph (B), by adding at the end the following:

``(vi) Notwithstanding clause (ii) or subparagraph (C), the purchase or lease by, or a concession to, a foreign person of private or public real estate--

``(I) that is located in the United States and within--

``(aa) 100 miles of a military installation (as defined in section 2801(c)(4) of title 10, United States Code); or

``(bb) 50 miles of--

``(AA) a military training route (as defined in section 183a(h) of title 10, United States Code);

``(BB) airspace designated as special use airspace under part 73 of title 14, Code of Federal Regulations (or a successor regulation), and managed by the Department of Defense;

``(CC) a controlled firing area (as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation)) used by the Department of Defense; or

``(DD) a military operations area (as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation)); and

``(II) if the foreign person is owned or controlled by, is acting for or on behalf of, or receives subsidies from--

``(aa) the Government of the Russian Federation;

``(bb) the Government of the People's Republic of China;

``(cc) the Government of the Islamic Republic of Iran; or

``(dd) the Government of the Democratic People's Republic of Korea.''.

(b) Mandatory Unilateral Initiation of Reviews.--Section 721(b)(1)(D) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(D)) is amended--

(1) in clause (iii), by redesignating subclauses (I), (II), and (III) as items (aa), (bb), and (cc), respectively, and by moving such items, as so redesignated, 2 ems to the right;

(2) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses, as so redesignated, 2 ems to the right; and

(3) by striking ``Subject to'' and inserting the following:

``(i) In general.--Subject to''; and

(4) by adding at the end the following:

``(ii) Mandatory unilateral initiation of certain transactions.--The Committee shall initiate a review under subparagraph (A) of a covered transaction described in subsection (a)(4)(B)(vi).''.

(c) Certifications to Congress.--Section 721(b)(3)(C)(iii) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(3)(C)(iii)) is amended--

(1) in subclause (IV), by striking ``; and'' and inserting a semicolon;

(2) in subclause (V), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(VI) with respect to covered transactions described in subsection (a)(4)(B)(vi), to the members of the Senate from the State in which the military installation, military training route, special use airspace, controlled firing area, or military operations area is located, and the member from the Congressional District in which such installation, route, airspace, or area is located.''.

(d) Limitation on Approval of Energy Projects Related to Reviews Conducted by Committee on Foreign Investment in the United States.--

(1) Review by secretary of defense.--Section 183a of title 10, United States Code, is amended--

(A) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and

(B) by inserting after subsection (e) the following new subsection (f):

``(f) Special Rule Relating to Review by Committee on Foreign Investment of the United States.--(1) If, during the period during which the Department of Defense is reviewing an application for an energy project filed with the Secretary of Transportation under section 44718 of title 49, the purchase, lease, or concession of real property on which the project is planned to be located is under review or investigation by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), the Secretary of Defense--

``(A) may not complete review of the project until the Committee concludes action under such section 721 with respect to the purchase, lease, or concession; and

``(B) shall notify the Secretary of Transportation of the delay.

``(2) If the Committee on Foreign Investment in the United States determines that the purchase, lease, or concession of real property on which an energy project described in paragraph (1) is planned to be located threatens to impair the national security of the United States and refers the purchase, lease, or concession to the President for further action under section 721(d) of the Defense Production Act of 1950 (50 U.S.C. 4565(d)), the Secretary of Defense shall--

``(A) find under subsection (e)(1) that the project would result in an unacceptable risk to the national security of the United States; and

``(B) transmit that finding to the Secretary of Transportation for inclusion in the report required under section 44718(b)(2) of title 49.''.

(2) Review by secretary of transportation.--Section 44718 of title 49, United States Code, is amended--

(A) by redesignating subsection (h) as subsection (i); and

(B) by inserting after subsection (g) the following new subsection:

``(h) Special Rule Relating to Review by Committee on Foreign Investment of the United States.--The Secretary of Transportation may not issue a determination pursuant to this section with respect to a proposed structure to be located on real property the purchase, lease, or concession of which is under review or investigation by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) until--

``(1) the Committee concludes action under such section 721 with respect to the purchase, lease, or concession; and

``(2) the Secretary of Defense--

``(A) issues a finding under section 183a(e) of title 10; or

``(B) advises the Secretary of Transportation that no finding under section 183a(e) of title 10 will be forthcoming.''.

______

SA 4061. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XIV, add the following:

SEC. 1424. BRIEFING ON ABILITY OF DEPARTMENT OF DEFENSE TO

RECOVER RARE EARTH MATERIALS FROM END-OF-LIFE

ITEMS.

Not later than October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall brief the Committees on Armed Services of the Senate and the House of Representatives on the ability of the Department of Defense--

(1) to identify end-of-life items that contain rare earth materials;

(2) to sell or barter such items to rare earth recycling manufacturers; and

(3) to ensure that recovered rare earth materials and other critical materials are retained in the United States.

______

SA 4062. Mr. OSSOFF (for himself, Mr. Tillis, Mr. Scott of South Carolina, Mr. King, Ms. Cortez Masto, Mr. Kelly, and Mr. Rounds) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT

PROGRAM.

(a) Definitions.--In this section:

(1) Enrollment of needy students.--The term ``enrollment of needy students'' has the meaning given the term in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d)).

(2) Historically black college or university.--The term

``historically Black college or university'' has the meaning given the term ``part B institution'' as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(3) Institution of higher education.--The term

``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965

(20 U.S.C. 1001(a)).

(4) Minority-serving institution.--The term ``minority-serving institution'' means an institution listed in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

(b) Authorization of Grants.--

(1) In general.--The Secretary shall--

(A) award grants to assist institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, and minority-serving institutions, to establish or expand cybersecurity programs, to build and upgrade institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities, and to support such institutions on the path to producing qualified entrants in the cybersecurity workforce or becoming a National Center of Academic Excellence in Cybersecurity; and

(B) award grants to build capacity at institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, and minority-serving institutions, to expand cybersecurity education opportunities, cybersecurity technology and programs, cybersecurity research, and cybersecurity partnerships with public and private entities.

(2) Reservation.--The Secretary shall award not less than 50 percent of the amount available for grants under this section to historically Black colleges and universities and minority-serving institutions.

(3) Coordination.--The Secretary shall carry out this section in coordination with the National Initiative for Cybersecurity Education at the National Institute of Standards and Technology.

(4) Sunset.--The Secretary's authority to award grants under paragraph (1) shall terminate on the date that is 5 years after the date the Secretary first awards a grant under paragraph (1).

(5) Amounts to remain available.--Notwithstanding section 1552 of title 31, United States Code, or any other provision of law, funds available to the Secretary for obligation for a grant under this section shall remain available for expenditure for 100 days after the last day of the performance period of such grant.

(c) Applications.--An eligible institution seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a statement of how the institution will use the funds awarded through the grant to expand cybersecurity education opportunities at the eligible institution.

(d) Activities.--An eligible institution that receives a grant under this section may use the funds awarded through such grant for increasing research, education, technical, partnership, and innovation capacity, including for--

(1) building and upgrading institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities;

(2) building and upgrading institutional capacity to provide hands-on research and training experiences for undergraduate and graduate students; and

(3) outreach and recruitment to ensure students are aware of such new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities.

(e) Reporting Requirements.--Not later than--

(1) 1 year after the date of enactment of this Act, and annually thereafter until the Secretary submits the report under paragraph (2), the Secretary shall prepare and submit to Congress a report on the status and progress of implementation of the grant program under this section, including on the number and nature of institutions participating, the number and nature of students served by institutions receiving grants, the level of funding provided to grant recipients, the types of activities being funded by the grants program, and plans for future implementation and development; and

(2) 5 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report on the status of cybersecurity education programming and capacity-building at institutions receiving grants under this section, including changes in the scale and scope of these programs, associated facilities, or in accreditation status, and on the educational and employment outcomes of students participating in cybersecurity programs that have received support under this section.

(f) Performance Metrics.--The Secretary of Homeland Security shall establish performance metrics for grants awarded under this section.

______

SA 4063. Mr. OSSOFF submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. ACCOMMODATING UTILITY FACILITIES IN THE RIGHT-OF-

WAY.

Section 109 of title 23, United States Code, is amended--

(1) in subsection (l)--

(A) by striking paragraph (2);

(B) by striking the subsection designation and all that follows through ``In determining'' in paragraph (1) in the matter preceding subparagraph (A) and inserting the following:

``(l) Accommodating Utility Facilities in the Right-of-way.--

``(1) Definitions.--In this subsection:

``(A) Indian land.--The term `Indian land' means--

``(i) land located within the boundaries of--

``(I) an Indian reservation, pueblo, or rancheria; or

``(II) a former reservation within Oklahoma; and

``(ii) land not located within the boundaries of an Indian reservation, pueblo, or rancheria--

``(I) the title to which is held in trust by the United States for the benefit of an Indian Tribe or an individual Indian;

``(II) the title to which is held by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or

``(III) the title to which is held by a dependent Indian community.

``(B) Right-of-way.--The term `right-of-way' means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway.

``(C) Utility facility.--

``(i) In general.--The term `utility facility' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public.

``(ii) Inclusions.--The term `utility facility' includes--

``(I) a renewable energy generation facility;

``(II) electrical transmission and distribution infrastructure; and

``(III) broadband infrastructure and conduit.

``(2) Accommodation.--In determining''; and

``(3) State approval.--A State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(C)(ii) within a right-of-way on a Federal-aid highway.

``(4) Exclusion.--Paragraph (3) shall not apply to a utility facility on Indian land.

``(5) Rule of construction.--Nothing in this subsection shall be construed to alter or affect--

``(A) the regulatory classification of broadband services or facilities under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or

``(B) any prohibition on commercial activity under section 111(a).''; and

(2) by adding at the end the following:

``(s) Vegetation Management.--States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator-friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices--

``(1) is in the public interest; and

``(2) will not impair the highway or interfere with the free and safe flow of traffic.''.

______

SA 4064. Mr. OSSOFF submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2836. REPORT ON CAPACITY OF CHILD DEVELOPMENT CENTERS OF

DEPARTMENT OF DEFENSE.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report providing an update on the capacity of child development centers of the Department of Defense.

(b) Elements.--Each report submitted under subsection (a) shall--

(1) provide data on the capacity of child development centers through the Department, including infrastructure, staffing, waitlists, and resources, set forth in the aggregate and by installation and Armed Force;

(2) highlight, by installation, whether demand by members of the Armed Forces for child care is or is not being met by existing capacity at such centers; and

(3) determine whether plans and adequate funding authority exist to remedy any identified shortfall in child care capacity for the Department of Defense.

______

SA 4065. Mr. OSSOFF submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1064. OUTREACH TO HISTORICALLY BLACK COLLEGES AND

UNIVERSITIES REGARDING DEFENSE INNOVATION UNIT

PROGRAMS THAT PROMOTE ENTREPRENEURSHIP AND

INNOVATION AT INSTITUTIONS OF HIGHER EDUCATION.

(a) Pilot Program.--The Undersecretary of Defense for Research and Engineering shall establish activities, including outreach and technical assistance, to better connect historically Black colleges and universities to the programs of the Defense Innovation Unit and its associated programs that promote entrepreneurship and innovation at these institutions.

(b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the activities conducted under subsection (a), including the results of outreach efforts, the success of expanding Defense Innovation Unit programs to historically Black colleges and universities, the barriers to expansion, and recommendations for how the Department of Defense and the Federal Government can support such institutions to successfully participate in Defense Innovation Unit partnerships and programs.

______

SA 4066. Mr. OSSOFF submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1054. REPORT ON GEOGRAPHIC EXPANSION OF DEFENSE

INNOVATION UNIT ACTIVITIES.

Not later than one year after enactment of this Act, the Secretary of Defense shall provide a report to Congress on courses of action to expand the geographic reach of Defense Innovation Unit activities to new or underserved regions, including the southeastern United States, with particular emphasis on areas with--

(1) access to partnership opportunities at institutions of higher education that conduct significant Federally-funded research in science, technology, and medicine;

(2) access to a vibrant private commercial sector; and

(3) proximity to a significant number of major Department of Defense installations.

______

SA 4067. Mr. OSSOFF submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REPORT ON CYBER EDUCATION DIVERSITY INITIATIVE.

(a) Report Required.--The Secretary of Defense shall submit to the congressional defense committees a report on the Cyber Education Diversity Initiative.

(b) Contents.--The report submitted under subsection (a) shall include the following:

(1) A discussion of the scope, scale, and effect of the Cyber Education Diversity Initiative.

(2) Details of the number and nature of institutions participating in the initiative;

(3) Details regarding the funds expended in support of the initiative;

(4) An initial evaluation of the effect of the initiative on cyber education and career opportunities for minority and low-income students.

(c) Timing of Submittal.--The report submitted under subsection (a) shall be submitted concurrent with the submittal of the budget of the President under section 1105(a) of title 31, United States Code, for fiscal year 2023.

____________________

SOURCE: Congressional Record Vol. 167, No. 190