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 S7607-S7685 on Nov. 2.
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 4133. Mr. KAINE 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 XII, add the following:
SEC. 1224. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY FORCE
AGAINST IRAQ.
(a) Findings.--Congress makes the following findings:
(1) The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble
``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law.
(2) Recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541), enacted September 18, 2001, and is not independently required to authorize any such activities.
(3) Repealing the 1991 AUMF and the 2002 AUMF would therefore not affect ongoing United States military operations.
(4) Since 2014, United States military forces have operated in Iraq at the request of the Government of Iraq for the sole purpose of supporting its efforts to combat ISIS, consistent with the Strategic Framework Agreement that Iraq and the United States signed on November 17, 2008.
(5) During a press briefing on December 24, 2020, Commander of the United States Central Command, General Frank McKenzie, reiterated that United States forces are in Iraq ``at their invitation''.
(6) Secretary of State Antony J. Blinken and Prime Minister Mustafa Al-Kadhimi of Iraq discussed ``the Iraqi government's responsibility and commitment to protect U.S. and Coalition personnel in Iraq at the government's invitation to fight ISIS'' in a February 16, 2021, phone call.
(7) Secretary of Defense Lloyd J. Austin III stated on February 19, 2021, that he ``welcomed that expanded NATO mission in Iraq that responds to the desires and aspirations of the Iraqi government''.
(8) In a February 23, 2021, call with Prime Minister Mustafa Al-Kadhimi of Iraq, President Joseph R. Biden affirmed United States support for Iraq's ``sovereignty and independence''.
(9) Neither the 1991 AUMF nor the 2002 AUMF are being used as the sole legal basis for any detention of enemy combatants currently held by the United States.
(10) Authorizations for the use of military force that are no longer necessary should have a clear political and legal ending.
(b) Repeal of Authorization for Use of Military Force Against Iraq Resolution.--The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.
(c) Repeal of Authorization for Use of Military Force Against Iraq Resolution of 2002.--The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.
______
SA 4134. Mr. KAINE 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. 1283. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS BY
PARTICIPANTS IN THE AMERICAN, BRITISH,
CANADIAN, AND AUSTRALIAN ARMIES' PROGRAM.
Section 1274 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350a note) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Contributions by Participants.--
``(1) In general.--An agreement under subsection (a) shall provide that--
``(A) the United States, as the host country for the Program, shall provide office facilities and related office equipment and supplies for the Program; and
``(B) each participating country shall contribute its equitable share of the remaining costs for the Program, including--
``(i) the agreed upon share of administrative costs related to the Program, except the costs for facilities and equipment and supplies described in subparagraph (A); and
``(ii) any amount allocated against the country for monetary claims as a result of participation in the Program, in accordance with the agreement.
``(2) Equitable contributions.--The contributions, as allocated under paragraph (1) and set forth in an agreement under subsection (a), shall be considered equitable for purposes of this subsection and section 27(c) of the Arms Export Control Act (22 U.S.C. 2767(c)).
``(3) Authorized contribution.--An agreement under subsection (a) shall provide that each participating country may provide its contribution in funds, in personal property, in services required for the Program, or any combination thereof.
``(4) Funding for united states contribution.--Any monetary contribution by the United States to the Program that is provided in funds shall be made from funds available to the Department of Defense for operation and maintenance.
``(5) Contributions and reimbursements from other participating countries.--
``(A) In general.--The Secretary of Defense may accept from any other participating country a contribution or reimbursement of funds, personal property, or services made by the participating country in furtherance of the Program.
``(B) Credit to appropriations.--Any contribution or reimbursement of funds received by the United States from any other participating country to meet that country's share of the costs of the Program shall be credited to the appropriations available to the appropriate military department, as determined by the Secretary of Defense.
``(C) Treatment of personal property.--Any contribution or reimbursement of personal property received under this paragraph may be--
``(i) retained and used by the Program in the form in which it was contributed;
``(ii) sold or otherwise disposed of in accordance with such terms, conditions, and procedures as the members of the Program consider appropriate, and any resulting proceeds shall be credited to appropriations of the appropriate military department, as described in subparagraph (B); or
``(iii) converted into a form usable by the Program.
``(D) Use of credited funds.--
``(i) In general.--Amounts credited under subparagraph (B) or (C)(ii) shall be--
``(I) merged with amounts in the appropriation concerned;
``(II) subject to the same conditions and limitations as amounts in such appropriation; and
``(III) available for payment of Program expenses described in clause (ii).
``(ii) Program expenses described.--The Program expenses described in this clause include--
``(I) payments to contractors and other suppliers, including the Department of Defense and participating countries acting as suppliers, for necessary goods and services of the Program;
``(II) payments for any damages or costs resulting from the performance or cancellation of any contract or other obligation in support of the Program;
``(III) payments or reimbursements for other Program expenses; or
``(IV) refunds to other participating countries.''; and
(2) by striking subsection (g).
______
SA 4135. Mr. KAINE 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. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT
PROJECTS FOR MILITARY INSTALLATIONS AND DEFENSE
ACCESS ROADS.
(a) In General.--Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section:
``Sec. 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation
``(a) Projects Authorized.--The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of--
``(1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and
``(2) protecting nearby waterways and stormwater-stressed ecosystems.
``(b) Project Methods and Funding Sources.--A stormwater management project may be carried out under this section as, or as part of, any of the following:
``(1) An authorized military construction project.
``(2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section.
``(3) A military installation resilience project under section 2815 of this title, including using appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section.
``(4) A defense community infrastructure resilience project under section 2391(d) of this title.
``(5) A military construction project under section 2914 of this title.
``(6) A reserve component facility project under section 18233 of this title.
``(7) A defense access road project under section 210 of title 23.
``(c) Project Priorities.--In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff.
``(d) Project Activities.--Activities carried out as part of a stormwater management project under this section may include the following:
``(1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures.
``(2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement.
``(3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff.
``(e) Project Coordination.--In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects.
``(f) Annual Report.--(1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing--
``(A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and
``(B) all projects completed by that Secretary during the previous fiscal year.
``(2) Each report submitted under paragraph (1) shall include, with respect to each stormwater management project described in the report, the following information:
``(A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
``(B) The rationale for how the project will--
``(i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and
``(ii) protect waterways and stormwater-stressed ecosystems.
``(C) Such other information as the Secretary concerned considers appropriate.
``(g) Definitions.--In this section:
``(1) The term `defense access road' means a road certified to the Secretary of Transportation as important to the national defense under section 210 of title 23.
``(2) The terms `facility' and `State' have the meanings given those terms in section 18232 of this title.
``(3) The term `military installation' includes a facility of a reserve component of an armed force owned by a State rather than the United States.
``(4) The term `Secretary concerned' means--
``(A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and
``(B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of subchapter I of such title is amended by inserting after the item relating to section 2815 the following new item:
``2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation.''.
______
SA 4136. 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 G of title V, add the following:
SEC. 596. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Short Title.--This section may be cited as the
``Memorializing Overwhelmingly Gallant Actions that Defended Individual Soldiers and Honored Units Act'' or ``MOGADISHU Act''.
(b) Distinguished Service Cross to Earl R. Fillmore, Jr. for Acts of Valor in Somalia.--
(1) Waiver of time limitations.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 7272 of such title to Earl R. Fillmore, Jr. for the acts of valor in Somalia described in paragraph (2).
(2) Acts of valor described.--The acts of valor referred to in paragraph (1) are the actions of Earl R. Fillmore, Jr. on October 3, 1993, in Somalia for which he was previously awarded the Silver Star Medal.
(c) Distinguished Service Cross to William F. Thetford for Acts of Valor in Somalia.--
(1) Waiver of time limitations.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 7272 of such title to William F. Thetford for the acts of valor in Somalia described in paragraph (2).
(2) Acts of valor described.--The acts of valor referred to in paragraph (1) are the actions of William F. Thetford on October 3 and 4, 1993, in Somalia for which he was previously awarded the Silver Star Medal.
(d) Distinguished Service Cross to John G. Macejunas for Acts of Valor in Somalia.--
(1) Waiver of time limitations.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 7272 of such title to John G. Macejunas for the acts of valor in Somalia described in paragraph (2).
(2) Acts of valor described.--The acts of valor referred to in paragraph (1) are the actions of John G. Macejunas on October 3 and 4, 1993, in Somalia for which he was previously awarded the Silver Star Medal.
(e) Distinguished Service Cross to Robert L. Mabry for Acts of Valor in Somalia.--
(1) Waiver of time limitations.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 7272 of such title to Robert L. Mabry for the acts of valor in Somalia described in paragraph
(2).
(2) Acts of valor described.--The acts of valor referred to in paragraph (1) are the actions of Robert L. Mabry on October 3 and 4, 1993, in Somalia for which he was previously awarded the Silver Star Medal.
______
SA 4137. 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 E of title V, add the following:
SEC. 576. CLARIFICATION AND EXPANSION OF PROHIBITION ON
GENDER-SEGREGATED TRAINING IN THE MARINE CORPS.
Section 565 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 8431 note prec.) is amended--
(1) in the heading, by inserting ``and officer candidates school'' after ``depots'';
(2) in subsection (a)(1)--
(A) by striking ``training'' and inserting ``no training platoon'' ; and
(B) by striking ``not'';
(3) in subsection (b)(1)--
(A) by striking ``training'' and inserting ``no training platoon'' ; and
(B) by striking ``not''; and
(4) by adding at the end the following new subsections:
``(c) New Location.--No training platoon at a Marine Corps recruit depot established after the date of the enactment of this Act may be segregated based on gender.
``(d) Officer Candidates School.--
``(1) Prohibition.--Subject to paragraph (2), training at Officer Candidates School, Quantico, Virginia, may not be segregated based on gender.
``(2) Deadline.--The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act.''.
______
SA 4138. 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. __. AUTHORITY OF MILITARY JUDGES AND MILITARY
MAGISTRATES TO ISSUE MILITARY COURT PROTECTIVE
ORDERS.
(a) Judge-issued Military Court Protective Orders.--
(1) In general.--Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 1567b. Authority of military judges and military magistrates to issue military court protective orders
``(a) Authority to Issue Military Court Protective Orders.--The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section. A protective order issued in accordance with this section shall be known as a `military court protective order'. Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts.
``(b) Enforcement by Civilian Authorities.--
``(1) In general.--In prescribing regulations for military court protective orders, the President shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by State, local, territorial, and tribal civilian law enforcement authorities.
``(2) Full faith and credit.--Any military court protective order shall be accorded full faith and credit by the court of a State, local, territorial, or tribal jurisdiction (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction.
``(3) Reciprocity agreements.--Consistent with paragraphs
(1) and (2), the Secretary of Defense shall seek to enter into reciprocity agreements with State, local, territorial, and tribal civilian law enforcement authorities under which--
``(A) such authorities agree to enforce military court protective orders; and
``(B) the Secretary agrees to enforce protective orders issued by such authorities that are consistent with section 2265(b) of title 18.
``(c) Purpose and Form of Issuance.--A military court protective order--
``(1) may be issued for the purpose of protecting a victim of an alleged covered offense, or a family member or associate of the victim, from a person subject to chapter 47 of this title (the Uniform Code of Military Justice) who is alleged to have committed such an offense; and
``(2) shall include--
``(A) a finding regarding whether such person represents a credible threat to the physical safety of such alleged victim;
``(B) a finding regarding whether the alleged victim is an intimate partner or child of such person; and
``(C) if applicable, terms explicitly prohibiting the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury against such intimate partner or child.
``(d) Burden of Proof.--In determining whether to issue a military court protective order, a military judge or military magistrate shall make all relevant findings by a preponderance of the evidence. The burden shall be on the party requesting the order to produce sufficient information to satisfy the preponderance of the evidence standard referred to in the preceding sentence.
``(e) Timing and Manner of Issuance.--A military court protective order may be issued--
``(1) by a military magistrate, before referral of charges and specifications to court-martial for trial, at the request of--
``(A) a victim of an alleged covered offense; or
``(B) a Special Victims' Counsel or other qualified counsel acting on behalf of the victim; or
``(2) by a military judge, after referral of charges and specifications to court-martial for trial, at the request of qualified counsel, which may include a Special Victims' Counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution.
``(f) Duration and Renewal of Protective Order.--
``(1) Duration.--A military court protective order shall be issued for an initial period of up to 180 days and may be reissued for one or more additional periods, each of which may be up to 180 days, in accordance with paragraph (2).
``(2) Expiration and renewal.--Before the expiration of any period during which a military court protective order is in effect, a military judge or military magistrate shall review the order to determine whether the order will terminate at the expiration of such period or be reissued for an additional period of up to 180 days.
``(3) Notice to protected persons.--If a military judge or military magistrate determines under paragraph (2) that a military court protective order will terminate, the judge or magistrate concerned shall direct that each person protected by the order be provided with reasonable, timely, and accurate notification of the termination.
``(g) Review of Magistrate-issued Orders.--
``(1) Review.--A military judge, at the request of the person subject to a military court protective order that was issued by a military magistrate, may review the order to determine if the order was properly issued by the magistrate.
``(2) Standards of review.--A military judge who reviews an order under paragraph (1) shall terminate the order if the judge determines that--
``(A) the military magistrate's decision to issue the order was an abuse of discretion, and there is not sufficient information presented to the military judge to justify the order; or
``(B) information not presented to the military magistrate establishes that the military court protective order should be terminated.
``(h) Due Process.--
``(1) Protection of due process.--Except as provided in paragraph (2), a protective order authorized under subsection
(a) may be issued only after reasonable notice and opportunity to be heard and to present evidence, directly or through counsel, is given to the person against whom the order is sought sufficient to protect that person's right to due process.
``(2) Emergency orders.--A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe. In the case of ex parte orders, notice and opportunity to be heard and to present evidence must be provided within a reasonable time not to exceed 30 calendar days after the date on which the order is issued, sufficient to protect the respondent's due process rights.
``(i) Rights of Victim.--The victim of an alleged covered offense who seeks a military court protective order has, in addition to any rights provided under section 806b (article 6b), the following rights with respect to any proceeding involving the protective order:
``(1) The right to reasonable, accurate, and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding.
``(2) The right to be reasonably heard at the proceeding.
``(3) The right to appear in person, with or without counsel, at the proceeding.
``(4) The right be represented by qualified counsel in connection with the proceeding, which may include a Special Victims' Counsel.
``(5) The reasonable right to confer with a representative of the command of the accused and counsel representing the government at the proceeding, as applicable.
``(6) The right to submit a written statement, directly or through counsel, for consideration by the military judge or military magistrate presiding over the proceeding.
``(j) Restrictions on Access to Firearms.--
``(1) In general.--Notwithstanding any other provision of law--
``(A) a military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and
``(B) a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18.
``(2) Notice to attorneys general.--
``(A) Notice of issuance.--Not later than 72 hours after the issuance of an order described in paragraph (1), the Secretary concerned shall submit a record of the order--
``(i) to the Attorney General of the United States; and
``(ii) to the Attorney General of the State or Territory in which the order is issued
``(B) Notice of recission or expiration.--Not later than 72 hours after the recission or expiration of an order described in paragraph (1), the Secretary concerned shall submit notice of such recission or expiration to the Attorneys General specified in subparagraph (A).
``(k) Treatment as Lawful Order.--A military court protective order shall be treated as a lawful order for purposes of the application of section 892 (article 92) and a violation of such an order shall be punishable under such section (article).
``(l) Command Matters.--
``(1) Inclusion in personnel file.--Any military court protective order against a member shall be placed and retained in the military personnel file of the member, except that such protective order shall be removed from the military personnel file of the member if the member is acquitted of the offense to which the order pertains, it is determined that the member did not commit the act giving rise to the protective order, or it is determined that the protective order was issued in error.
``(2) Notice to civilian law enforcement of issuance.--Any military court protective order against a member shall be treated as a military protective order for purposes of section 1567a including for purposes of mandatory notification of issuance to Federal and State civilian law enforcement agencies as required by that section.
``(m) Relationship to Other Authorities.--Nothing in this section may be construed as prohibiting--
``(1) a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order to or against members of the officer's command;
``(2) pretrial restraint in accordance with Rule for Courts-Martial 304 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule); or
``(3) pretrial confinement in accordance with Rule for Courts-Martial 305 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule).
``(n) Delivery to Certain Persons.--A physical and electronic copy of any military court protective order shall be provided, as soon as practicable after issuance, to the following:
``(1) The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.
``(2) The person subject to the protective order.
``(3) To such commanding officer in the chain of command of the person subject to the protective order as the President shall prescribe for purposes of this section.
``(o) Definitions.--In this section:
``(1) Contact.--The term `contact' includes contact in person or through a third party, or through gifts,
``(2) Communication.--The term `communication' includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.
``(3) Covered offense.--The term `covered offense' means the following:
``(A) An alleged offense under section 920, 920a, 920b, 920c, or 920d of this title (article 120, 120a, 120b, 120c, or 120d of the Uniform Code of Military Justice).
``(B) An alleged offense of stalking under section 930 of this title (article 130 of the Uniform Code of Military Justice).
``(C) An alleged offense of domestic violence under section 928b of this title (article 128b of the Uniform Code of Military Justice).
``(D) A conspiracy to commit an offense specified in subparagraphs (A) through (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).
``(E) A solicitation to commit an offense specified in subparagraphs (A) through (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).
``(F) An attempt to commit an offense specified in subparagraphs (A) through (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
``(4) Military judge and military magistrate.--The terms
`military judge' and `military magistrate' mean a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge or magistrate by the Judge Advocate General of the armed force of which the officer is a member.
``(5) Protective order.--The term `protective order' means an order that--
``(A) restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with a victim of an alleged covered offense, or a family member or associate of the victim, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person;
``(B) by its terms, explicitly prohibits--
``(i) the use, attempted use, or threatened use of physical force by the person against a victim of an alleged covered offense, or a family member or associate of the victim, that would reasonably be expected to cause bodily injury;
``(ii) the initiation by the person restrained of any contact or communication with such other person;
``(iii) any other behavior by the person restrained that the court deems necessary to provide for the safety and welfare of the victim of an alleged covered offense, or a family member or associate of the victim; or
``(iv) actions described by any of clauses (i) through
(iii).
``(6) Special victims' counsel.--The term `Special Victims Counsel' means a Special Victims' Counsel described in section 1044e and includes a Victims' Legal Counsel of the Navy.''.
(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``1567b. Authority of military judges and military magistrates to issue military court protective orders.''.
(3) Implementation.--The President shall prescribe regulations implementing section 1567b of title 10, United States Code (as added by paragraph (1)), by not later than one year after the date of the enactment of this Act.
(b) Domestic Violence Training.--The Secretary of Defense shall prescribe regulations requiring annual domestic violence training for military judges and military magistrates, including for purposes of carrying out section 1567b of title 10, United States Code (as added by paragraph
(1)).
(c) No Authorization of Additional Personnel or Resources.--This section and section 1567 of title 10, United States Code, as added by subsection (a), shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections.
______
SA 4139. Mr. TOOMEY (for himself and Mr. Casey) 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 I, add the following:
SEC. 125. PLAN AND IMPLEMENTATION OF PLAN FOR ENSURING
SOURCES OF CANNON TUBES.
(a) In General.--The Secretary of the Army shall develop and implement an investment and sustainment plan to ensure the sourcing of cannon tubes for the purpose of mitigating risk to the Army and the industrial base.
(b) Elements.--The plan required by subsection (a) shall include the following:
(1) An identification of qualified and capable sources from which the Army may procure cannon tubes (not including sources from which the Army procures cannon tubes as of the date of the enactment of this Act).
(2) A determination of the feasibility, advisability, and affordability of procuring cannon tubes from the sources identified under paragraph (1) on a sustainable basis.
(c) Report; Implementation.--The Secretary of the Army shall--
(1) not later than 60 days after the date of the enactment of this Act, submit to Congress a report describing how the Army will implement the plan required by subsection (a); and
(2) not later than 120 days after the date on which the report required by paragraph (1) is submitted, implement the plan required by subsection (a), including by procuring cannon tubes from a source identified in the plan under subsection (b)(1).
______
SA 4140. Mr. HAWLEY (for himself, Mr. Cotton, Mr. Cruz, Mr. Marshall, Mr. Wicker, and Mrs. Hyde-Smith) 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.
______
SA 4141. Mr. TOOMEY (for himself and Mr. Casey) 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. ___. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND
MACHINE LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning initiative of the Army has the potential to accelerate the ability to deploy additive manufacturing capabilities in expeditionary settings and strengthen the United States defense industrial supply chain; and
(2) Congress and the Department of Defense should continue to support the additive manufacturing and machine learning initiative of the Army.
______
SA 4142. Mr. TUBERVILLE 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. PRESERVATION AND STORAGE OF URANIUM-233 TO FOSTER
DEVELOPMENT OF THORIUM MOLTEN-SALT REACTORS.
(a) Findings.--Congress makes the following findings:
(1) Thorium molten-salt reactor technology was originally developed in the United States, primarily at the Oak Ridge National Laboratory in the State of Tennessee.
(2) Before the cancellation of the program in 1976, the technology developed at the Oak Ridge National Laboratory was moving steadily toward efficient utilization of the natural thorium energy resource, which exists in substantial amounts in many parts of the United States and around the world.
(3) The People's Republic of China is known to be pursuing the development of molten salt reactor technology based on a thorium fuel cycle.
(4) Thorium itself is not fissile, but fertile, and requires a fissile material to begin a nuclear chain reaction.
(5) Uranium-233, derived from neutron absorption by natural thorium, is the ideal candidate for the fissile component of a thorium reactor, and is the only fissile material candidate that can minimize the production of long-lived transuranic elements, which have proven a great challenge to the geologic disposal of existing spent nuclear fuel.
(6) Geologic disposal of spent nuclear fuel from conventional nuclear reactors continues to pose severe political and technical challenges, and costs the United States taxpayer more than $500,000,000 annually in court-mandated awards to utilities.
(7) The United States possesses the largest inventory of uranium-233 in the world, aggregated at the Oak Ridge National Laboratory.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is in the best economic and national security interests of the United States to resume development of highly efficient thorium molten-salt reactors that can minimize transuranic waste production, in consideration of the pursuit by the People's Republic of China of thorium molten-salt reactors and associated cooperative research agreements with United States national laboratories;
(2) that the development of highly efficient thorium molten-salt reactors is consistent with section 1261 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2060), which declared long-term strategic competition with the People's Republic of China as ``a principal priority for the United States''; and
(3) to resume such development, it is necessary to preserve as much of the uranium-233 remaining at Oak Ridge National Laboratory as possible.
(c) Preservation and Storage of Uranium-233.--
(1) In general.--The Secretary of Energy shall seek every opportunity to preserve separated uranium-233, with the goal of fostering development of thorium molten-salt reactors by United States industry.
(2) Downblending and disposal of certain uranium.--The Secretary may provide for the downblending and disposal of uranium-233 determined by industry experts not to be valuable for research and development of thorium molten-salt reactors or technology implementation.
(d) Interagency Cooperation.--The Secretary of Energy, the Secretary of the Army (including the head of the Army Reactor Office), the Secretary of Transportation, the Tennessee Valley Authority, and other relevant agencies shall--
(1) work together to expedite transfers of uranium-233 under subsection (c); and
(2) seek the assistance of appropriate industrial entities.
(e) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a report that includes the following:
(1) Details of the separated U-233 inventory that is most feasible for immediate or near-term transfer.
(2) The costs of constructing or modifying a suitable category I facility for the secure, permanent storage of the U-233 inventory.
(3) A pathway for National Asset Material designation.
(4) A description of the scope for such a facility that would enable secure access to the nuclear material for research and development of thorium fuel cycle reactors, for defense and civilian applications, as well as for medical isotope extraction and processing, including by developing such a facility through public-private partnerships.
(5) An assessment of whether the Secretary should transfer the ownership of U-233 from the Office of Environmental Management to the Office of Nuclear Energy.
(6) An assessment of the ability of the Department of Energy to transfer the inventory of U-233 that the Secretary determines is most feasible for immediate or near-term transfer to the Y-12 National Security Complex, Oak Ridge, Tennessee, for secure interim storage.
(7) The feasibility of the National Nuclear Security Administration providing for the secure storage of the inventory of U-233 within the Y-12 National Security Complex or another suitable location within the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)).
(f) No Funding Authorized.--The amount authorized to be appropriated by section 3102 and available as specified in the funding table in section 4701 for the U233 Disposition Program is hereby reduced by $55,000,000.
______
SA 4143. Mr. TUBERVILLE 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 XII, add the following:
SEC. 1253. PLAN TO PRIORITIZE TRANSFERS OF EXCESS DEFENSE
ARTICLES TO ALLIES AND PARTNERS IN THE INDO-
PACIFIC REGION.
(a) Sense of Congress.--It is the sense of Congress that the United States Government should--
(1) prioritize the review of excess defense article transfers to allies and partners in the Indo-Pacific region;
(2) coordinate and align excess defense article transfers with capacity-building efforts of such allies and partners; and
(3) assist Taiwan to develop asymmetric capability through excess defense article transfers pursuant to section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)).
(b) Plan Required.--
(1) In general.--Not later than February 15, 2022, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees a report on future-year activities and resources for the purposes described in subsection (a).
(2) Elements.--The plan required by paragraph (1) shall include the following:
(A) A summary of progress made towards achieving such purposes.
(B) An evaluation of potential excess defense articles scheduled for decommissioning that could be transferred under the Excess Defense Articles program of the Defense Security Cooperation Agency to allies and partners in the Indo-Pacific region, including Taiwan with respect to its asymmetric capability development.
______
SA 4144. Mr. TUBERVILLE 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. ___. MILITARY STANDARDS FOR STEEL ARMOR IN ARMORED
VEHICLES.
(a) Standards Required.--Not later than March 31, 2022, the Secretary of the Army shall establish military standards for all steel armor, including all associated class levels, for incorporation into specifications for current and future armored vehicles developed and procured by the Armed Forces and the Department of State.
(b) Requirements.--The standards established under subsection (a) shall incorporate the following standards:
(1) MIL-DTL-46100E.
(2) MIL-DTL-12560K.
(3) MIL-DTL-32332A.
(4) MIL-DTL-46186A.
(c) Report Required.--Not later than June 30, 2022, the Secretary of the Army shall submit to the congressional defense committees a report that describes--
(1) the establishment of the standards required by subsection (a); and
(2) a strategy for incorporation of such standards into armored vehicle specifications to replace all company specific branded material.
(d) Armored Vehicle Defined.--For purposes of this section, the term `` armored vehicle'' means a tracked or wheeled vehicle incorporating steel armor in its manufacture.
______
SA 4145. Mr. TUBERVILLE (for himself and Mr. Murphy) 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 VIII, add the following:
SEC. 821. INDEMNIFICATION OF CONTRACTORS FOR UNUSUALLY
HAZARDOUS RISKS.
Section 2354 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``the Secretary of Defense or'' after
``approval of'';
(ii) by striking ``for research or development, or both, may'' and inserting ``or Defense Agency shall''; and
(iii) by striking ``either or both of''; and
(B) in paragraphs (1) and (2), by striking ``that the contract defines'' and inserting ``that subsection (b) or the contract defines'';
(2) by redesignating subsections (b), (c), and (d) as subsections (c), (f), and (g), respectively;
(3) by inserting after subsection (a) the following new subsection (b):
``(b) For purposes of subsection (a), risk of burning, explosion, detonation, flight or surface impact, or toxic or hazardous material release, associated with the following shall be considered unusually hazardous:
``(1) Any hypersonic weapon system, including boost glide vehicles and air-breathing propulsion systems.
``(2) Rocket propulsions systems, including rockets, missiles, launch vehicles, rocket engines or motors, or hypersonic weapons systems using a solid or liquid high-energy propellant, including any warhead in excess of 1000 pounds of the chemical equivalent of TNT.
``(3) Introduction, fielding, or incorporating any item containing high-energy propellants, including any warhead in excess of 1000 pounds of the chemical equivalent of TNT introduced, fielded, or incorporated into any ship, vessel, submarine, aircraft, or spacecraft.
``(4) A classified program for which insurance is not available as a result of the prohibition on disclosure of classified information to commercial insurance providers.'';
(4) by inserting after subsection (c), as redesignated by paragraph (2), the following new subsections (d) and (e):
``(d) For each contract made under subsection (a) that provides for indemnification, the Secretary that approved the contract shall determine the maximum probable loss for claims under paragraph (1) of that subsection or losses or damage under paragraph (2) of that subsection, as applicable.
``(e)(1) A contractor that is a party to a contract made under subsection (a) that provides for indemnification shall obtain liability insurance to compensate for claims under paragraph (1) of that subsection and losses or damage under paragraph (2) of that subsection, as applicable, in amounts and to the extent such insurance is available under commercially reasonable terms and pricing, including any limits, sub-limits, exclusions, and other coverage restrictions.
``(2) A contractor described in paragraph (1) is not required to obtain insurance in amounts greater than the lesser of--
``(A) the amount available under commercially reasonable terms and pricing; or
``(B) the maximum probable loss determined under subsection
(d).'';
(5) in subsection (f), as so redesignated, by inserting
``the Secretary of Defense,'' before ``the Secretary''; and
(6) in subsection (g), as so redesignated--
(A) in the matter preceding paragraph (1), by inserting
``the Secretary of Defense,'' before ``the Secretary''; and
(B) in paragraph (2), by striking ``for research or development, or both,''.
______
SA 4146. Mr. TUBERVILLE (for himself and Mr. Braun) 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, insert the following:
SEC. 1424. COMPTROLLER GENERAL ASSESSMENT OF DOMESTIC
TITANIUM ORE MINING AND DOMESTIC PRODUCTION OF
TITANIUM METAL.
(a) In General.--Not later than June 1, 2022, the Comptroller General of the United States shall submit to the congressional defense committees an assessment of--
(1) the current state of United States domestic titanium ore mining and domestic production of titanium metal; and
(2) its implications for the supply chains of the Department of Defense.
(b) Elements.--The assessment required by subsection (a) shall include--
(1) a comparison of how much titanium metal is required annually by the Department of Defense and how much titanium ore and titanium metal is available from the United States domestic supply chains;
(2) an assessment of the reliability of titanium producers outside the United States during national defense emergency scenarios; and
(3) any other matters the Comptroller General considers appropriate to include.
______
SA 4147. Mr. LANKFORD (for himself, Ms. Sinema, Mr. Lee, Mr. Romney, Mr. Cornyn, and Mr. Braun) 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 V, add the following:
SEC. 576. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE
ARMED FORCES TO CERTAIN POSITIONS IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Section 3326 of title 5, United States Code, is amended--
(1) in the section heading, by inserting ``certain'' before
``positions''; and
(2) in subsection (b)--
(A) by striking ``appointed'' and all that follows through
``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and
(B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''.
(b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting
``certain'' before ``positions''.
______
SA 4148. Mrs. FEINSTEIN (for herself, Mr. Marshall, and 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, insert the following:
SEC. __. NATIONAL COMMISSION ON THE COVID-19 PANDEMIC.
(a) Short Title; Sense of Congress.--
(1) Short title.--This section may be cited as the
``National Commission on the COVID-19 Pandemic Act''.
(2) Sense of congress.--It is the sense of Congress that--
(A) the SARS-CoV-2 (COVID-19) pandemic has caused immense suffering in the United States, having resulted in more than 736,000 American deaths as of October 2021, and infecting at least 45,000,000;
(B) following other destructive and traumatic events in our history, including the September 11, 2001, terrorist attacks, Congress has established a bipartisan commission of experts to study the event and produce a report and recommendations, and such an exercise can assist in national healing;
(C) the extent of the loss of life and the economic cost of the pandemic demonstrate the high risks that pandemic diseases can pose to public health and to national security, and demands a thorough, authoritative, and independent review of the origin of SARS-CoV-2 as well as United States actions and policies before and during the pandemic, and recommendations to Congress and policymakers as to how we can be better prepared for future pandemic diseases, including those that could be caused by intentional biological attacks;
(D) individuals appointed to the Commission established in subsection (b) should be prominent citizens of the United States with national recognition and significant experience and expertise in--
(i) public health and biosafety;
(ii) epidemiology;
(iii) medicine;
(iv) emergency management or response;
(v) public administration;
(vi) logistics;
(vii) organizational management; or
(viii) medical intelligence and forensic investigations; and
(E) it is crucial to better understand and manage the increasing likelihood of pandemic threats (such as the recent threats of severe acute respiratory syndrome (SARS), Ebola, the 2009-H1N1 influenza, and COVID-19) and related health issues that the United States could face during the next several decades.
(b) Commission on the COVID-19 Pandemic.--
(1) Establishment of commission.--There is established in the legislative branch the National Commission on the COVID-19 Pandemic (in this section referred to as the
``Commission'').
(2) Duties.--The Commission shall--
(A) in accordance with paragraph (4), conduct an investigation of all relevant facts and circumstances regarding the novel coronavirus disease 2019 (in this section referred to as ``COVID-19'') in order to make a full and complete accounting of--
(i) the preparedness of the United States for pandemic disease before the outbreak of COVID-19;
(ii) the circumstances surrounding the initial outbreak and spread of COVID-19; and
(iii) the actions taken by the Federal Government, State, local, and Tribal governments, including with respect to the private sector, civil society, and relevant international organizations (including the World Health Organization) in response to COVID-19;
(B) identify and examine lessons learned regarding pandemic preparedness, response, and recovery efforts by the Federal Government and State, local, and Tribal governments, and international partners; and
(C) submit to the President and Congress, and make publicly available, such reports as are required by this section containing findings, conclusions, and recommendations as the Commission determines appropriate to improve the ability of the United States to prepare for, detect, prevent, and, if necessary, respond to and recover from epidemics and pandemics such as COVID-19 (whether naturally occurring or caused by state or non-state actors) in a way that minimizes negative effects on public health, the economy, and society.
(3) Composition of commission.--
(A) Members.--The Commission shall be composed of 10 members, of whom--
(i) 1 member shall be appointed by the President, who shall serve as chair of the Commission;
(ii) 1 member shall be appointed by the leader of the House of Representatives (the Speaker or minority leader, as the case may be) of the political party that is not the same political party as the President, in consultation with the leader of the Senate (majority or minority leader, as the case may be) of the same political party as such leader of the House of Representatives, who shall serve as vice chair of the Commission;
(iii) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party;
(iv) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party;
(v) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and
(vi) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party.
(B) Affiliations; initial meeting.--
(i) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party.
(ii) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government.
(iii) Conflicts of interest.--An individual appointed to the Commission may not have conflicts of interest, or otherwise have demonstrated a strong bias toward a particular conclusion that may prejudice the individual's judgement as it pertains to the matters before the Commission. A senior member of the leadership of either party in the Senate or the House of Representatives may raise objections to appointees who raise such concerns.
(iv) Deadline for appointment.--All members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act.
(v) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable, but not later than 15 days after appointment of all members of the Commission.
(C) Quorum; vacancies.--After its initial meeting, the Commission shall meet upon the call of the chair or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.
(D) In-person meetings.--The members of the Commission shall conduct its meetings in person unless such in-person meetings would pose a health risk or significant practical challenges.
(4) Investigation.--The investigation under paragraph
(2)(A) shall address the following:
(A) The structure, coordination, management, policies, procedures, and actions of the Federal Government, State, local, and Tribal governments, and nongovernmental entities in response to the COVID-19 pandemic.
(B) The effectiveness of communications to the public concerning the pandemic and the public health response, including physical distancing practices, the use of masks, and other non-pharmaceutical interventions intended to reduce the spread of COVID-19.
(C) The role of international cooperation in responding to the pandemic, including the role of international organizations such as the World Health Organization and China's government's cooperation in the global investigation of COVID-19.
(D) The availability of personal protective equipment for health workers and first responders, and the availability of other relevant medical equipment and supplies, including the role of the Strategic National Stockpile.
(E) The role of the Federal Government in the development, testing, production, and distribution of treatments and vaccines for COVID-19.
(F) The preparedness and capacity of the health care system of the United States, including hospitals, physicians, community health centers, and laboratories.
(G) The link between variations in the language that individuals use to describe a novel virus or disease and how such language may contribute to or conversely help to prevent an increase in incidents of stigma, discrimination, and harassment against an identifiable group of people and the communities in which they live.
(H) The origins of the novel coronavirus that causes COVID-19. Such an investigation shall include engaging with willing partner governments and experts from around the world, seeking access to all relevant records on the virus cultures, isolates, genomic sequences, databases, and patient specimens, and personnel of interest. The investigation shall fully and without prejudice explore the likely origins of COVID-19, as addressed in the August, 27, 2020, Office of the Director of National Intelligence unclassified summary of the Intelligence Community assessment on COVID-19 origins, including natural exposure to an infected animal and a laboratory-associated incident involving experimentation, animal handling, or sampling by the Wuhan Institute of Virology, or another lab conducting similar research.
(I) Any other subject the Commission determines relevant to understanding the origins of COVID-19, the United States response to COVID-19, and developing recommendations to prepare for future pandemics.
(5) Powers of commission.--
(A) In general.--
(i) Hearings and evidence.--The Commission or, as delegated by the chair and vice chair, any subcommittee or member thereof, may, for the purpose of carrying out this section--
(I) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths, as the Commission or such designated subcommittee or designated member may determine advisable; and
(II) subject to clause (ii)(I), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable.
(ii) Issuance of subpoenas.--
(I) In general.--A subpoena may be issued under this subparagraph only--
(aa) by the agreement of the chair and the vice chair; or
(bb) by the affirmative vote of 6 members of the Commission.
(II) Signature.--Subject to subclause (I), subpoenas issued under this subparagraph may be issued under the signature of the chair or any member designated by a majority of the Commission, and may be served by any person designated by the chair or by a member designated by a majority of the Commission.
(iii) Enforcement of subpoenas.--
(I) In general.--In the case of contumacy or failure to obey a subpoena issued under this subparagraph, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.
(II) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this subsection, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who shall bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194).
(B) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.
(C) Information from federal, state, local, and tribal agencies.--
(i) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government or a State, local, or Tribal government information, suggestions, estimates, and statistics for the purposes of this section. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the fullest extent permitted by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chair, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.
(ii) Receipt, handling, storage, and dissemination.--Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.
(iii) Non-interference with public health duties.--The Commission and its staff shall seek information and testimony in a manner that ensures Federal, State, local, and Tribal individuals and entities and private sector individuals and entities are able to prioritize activities related to the pandemic response.
(D) Assistance from federal agencies.--
(i) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions.
(ii) Intelligence and investigative support.--The Director of National Intelligence, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, and the Attorney General shall, to the extent authorized by law, support the duties of the Commission by providing information, intelligence, analysis, recommendations, estimates, and statistics directly to the Commission, upon request made by the chair of the Commission, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.
(iii) Other departments and agencies.--In addition to the assistance prescribed in clause (i), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.
(E) Declassification of intelligence related to covid-19.--
(i) Commencement of review.--Not later than 30 days after the date of the initial meeting of the Commission, the Director of National Intelligence shall, in coordination with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, and the heads of such other elements of the intelligence community as the Director of National Intelligence considers appropriate, commence a declassification review of any and all information the Commission determines necessary relating to the origin of COVID-19.
(ii) Completion of review.--Not later than 90 days after the date of the initial meeting of the Commission, the Director of National Intelligence shall complete the review described in clause (i) and determine what additional information relating to the origin of COVID-19 can be appropriately declassified and shared with the public.
(iii) Submission of report.--The Director of National Intelligence shall submit to Congress an unclassified report that contains the additional information described in clause
(ii) with only such redactions as the Director determines necessary to protect sources and methods without altering or obscuring such information.
(F) Gifts.--The Commission may not accept, use, and dispose of gifts or donations of services or property.
(G) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.
(6) Nonapplicability of federal advisory committee act.--
(A) In general.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(B) Presumption for public meetings.--
(i) Open to the public.--The Commission shall make its hearings and meetings open to the public unless the chair and vice chair determine by consensus, on a case-by-case basis, that the hearing or meeting should be closed to the public.
(ii) Protection of information.--Any public meeting or hearing of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.
(7) Staff of commission.--
(A) In general.--
(i) Appointment and compensation.--The chair, in consultation with the vice chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. The chair shall ensure that any internships with the Commission are paid positions.
(ii) Personnel as federal employees.--
(I) In general.--The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(II) Members of commission.--Subclause (I) shall not be construed to apply to members of the Commission.
(B) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
(C) Consultant services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(8) Compensation and travel expenses.--
(A) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.
(B) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission 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(b) of title 5, United States Code.
(9) Security clearances for commission members and staff.--The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances.
(10) Reports of commission.--
(A) Interim report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and Congress, and make publicly available, an interim report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.
(B) Final report.--Not later than the date described in subparagraph (C)(i), the Commission shall submit to the President and Congress, and make publicly available, a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.
(C) Deadline.--
(i) Date described.--The date described in this clause is 20 months after the date of the initial meeting of the Commission, unless not fewer than 8 members of the Commission vote for an extension of not more than 120 days.
(ii) Number of extensions.--The Commission may make not more than 1 extension under clause (i).
(iii) Notification.--The Commission shall notify the President, Congress, and the public of each extension under clause (i).
(11) Termination.--
(A) In general.--The Commission, and all the authorities of this section, shall terminate 90 days after the date on which the final report is submitted under paragraph (10)(B).
(B) Administrative activities before termination.--The Commission may use the 90-day period referred to in subparagraph (A) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports, disseminating the final report, and explaining to the public such reports and the conclusions of the Commission.
(12) Funding.--
(A) Authorization of appropriations.--There is authorized to be appropriated to the Commission such sums as may be necessary for any fiscal year.
(B) Duration of availability.--Amounts made available to the Commission under subparagraph (A) shall remain available until the termination of the Commission.
(C) Notice.--The chair shall promptly notify Congress if the chair determines that the amounts made available to the Commission under subparagraph (A) are insufficient for the Commission to carry out its duties, including during an extended period described in paragraph (10)(C).
(13) Definitions.--In this subsection:
(A) The terms ``chair'' and ``vice chair'' refer to the chair and vice chair of the Commission appointed under paragraph (3)(A).
(B) The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
______
SA 4149. Mr. MENENDEZ 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 X, add the following:
SEC. 1036. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.
(a) Short Title.--This section may be cited as the ``Trans-Sahara Counterterrorism Partnership Program Act of 2021''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) terrorist and violent extremist organizations, such as Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State of West Africa, and other affiliated groups, have killed tens of thousands of innocent civilians, displaced populations, destabilized local and national governments, and caused mass human suffering in the affected communities;
(2) poor governance, political and economic marginalization, and lack of accountability for human rights abuses by security forces are drivers of extremism;
(3) it is in the national security interest of the United States--
(A) to combat the spread of terrorism and violent extremism; and
(B) to build the capacity of partner countries to combat such threats in Africa;
(4) terrorist and violent extremist organizations exploit vulnerable and marginalized communities suffering from poverty, lack of economic opportunity (particularly among youth populations), corruption, and weak governance; and
(5) a comprehensive, coordinated interagency approach is needed to develop an effective strategy--
(A) to address the security challenges in the Sahel-Maghreb;
(B) to appropriately allocate resources and de-conflict programs; and
(C) to maximize the effectiveness of United States defense, diplomatic, and development capabilities.
(c) Statement of Policy.--It is the policy of the United States to assist countries in North Africa and West Africa, and other allies and partners that are active in those regions, in combating terrorism and violent extremism through a coordinated interagency approach with a consistent strategy that appropriately balances security activities with diplomatic and development efforts to address the political, socioeconomic, governance, and development challenges in North Africa and West Africa that contribute to terrorism and violent extremism.
(d) Trans-Sahara Counterterrorism Partnership Program.--
(1) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Select Committee on Intelligence of the Senate;
(E) the Committee on Foreign Affairs of the House of Representatives;
(F) the Committee on Armed Services of the House of Representatives;
(G) the Committee on Appropriations of the House of Representatives; and
(H) the Permanent Select Committee on Intelligence of the House of Representatives.
(2) In general.--
(A) Establishment.--The Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall establish a partnership program, which shall be known as the
``Trans-Sahara Counterterrorism Partnership Program''
(referred to in this subsection as the ``Program''), to coordinate all programs, projects, and activities of the United States Government in countries in North Africa and West Africa that are conducted--
(i) to improve governance and the capacities of countries in North Africa and West Africa to deliver basic services, particularly to at-risk communities, as a means of countering terrorism and violent extremism by enhancing state legitimacy and authority and countering corruption;
(ii) to address the factors that make people and communities vulnerable to recruitment by terrorist and violent extremist organizations, including economic vulnerability and mistrust of government and government security forces, through activities such as--
(I) supporting strategies that increase youth employment opportunities;
(II) promoting girls' education and women's political participation;
(III) strengthening local governance and civil society capacity;
(IV) improving government transparency and accountability;
(V) fighting corruption;
(VI) improving access to economic opportunities; and
(VII) other development activities necessary to support community resilience;
(iii) to strengthen the rule of law in such countries, including by enhancing the capability of the judicial institutions to independently, transparently, and credibly deter, investigate, and prosecute acts of terrorism and violent extremism;
(iv) to improve the ability of military and law enforcement entities in partner countries--
(I) to detect, disrupt, respond to, and prosecute violent extremist and terrorist activity, while respecting human rights; and
(II) to cooperate with the United States and other partner countries on counterterrorism and counter-extremism efforts;
(v) to enhance the border security capacity of partner countries, including the ability to monitor, detain, and interdict terrorists;
(vi) to identify, monitor, disrupt, and counter the human capital and financing pipelines of terrorism; or
(vii) to support the free expression and operations of independent, local-language media, particularly in rural areas, while countering the media operations and recruitment propaganda of terrorist and violent extremist organizations.
(B) Assistance framework.--Program activities shall--
(i) be carried out in countries in which the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development--
(I) determines that there is an adequate level of partner country commitment; and
(II) has considered partner country needs, absorptive capacity, sustainment capacity, and efforts of other donors in the sector;
(ii) have clearly defined outcomes;
(iii) be closely coordinated among United States diplomatic and development missions, United States Africa Command, and relevant participating departments and agencies;
(iv) have specific plans with robust indicators to regularly monitor and evaluate outcomes and impact;
(v) complement and enhance efforts to promote democratic governance, the rule of law, human rights, and economic growth;
(vi) in the case of train and equip programs, complement longer-term security sector institution-building; and
(vii) have mechanisms in place to track resources and routinely monitor and evaluate the efficacy of relevant programs.
(C) Consultation.--In coordinating activities through the Program, the Secretary of State shall consult, as appropriate, with the heads of relevant Federal departments and agencies, as determined by the President.
(D) Congressional notification.--Not later than 15 days before obligating amounts for an activity coordinated through the Program under subparagraph (A), the Secretary of State shall notify the appropriate congressional committees, in accordance with section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1), of--
(i) the foreign country and entity, as applicable, whose capabilities are to be enhanced in accordance with the purposes described in subparagraph (A);
(ii) the amount, type, and purpose of support to be provided;
(iii) the absorptive capacity of the foreign country to effectively implement the assistance to be provided;
(iv) the extent to which state security forces of the foreign country have been implicated in gross violations of human rights and the risk that obligated funds may be used to perpetrate further abuses;
(v) the anticipated implementation timeline for the activity; and
(vi) the plans to sustain any military or security equipment provided beyond the completion date of such activity, if applicable, and the estimated cost and source of funds to support such sustainment.
(3) International coordination.--Efforts carried out under this subsection--
(A) shall take into account partner country counterterrorism, counter-extremism, and development strategies;
(B) shall be aligned with such strategies, to the extent practicable; and
(C) shall be coordinated with counterterrorism and counter-extremism activities and programs in the areas of defense, diplomacy, and development carried out by other like-minded donors and international organizations in the relevant country.
(4) Strategies.--
(A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development and other relevant Federal Government agencies, shall submit the strategies described in subparagraphs (B) and (C) to the appropriate congressional committees.
(B) Comprehensive, 5-year strategy for the sahel-maghreb.--The Secretary of State shall develop a comprehensive, 5-year strategy for the Sahel-Maghreb, including details related to whole-of-government efforts in the areas of defense, diplomacy, and development to advance the national security, economic, and humanitarian interests of the United States, including--
(i) efforts to ensure coordination with multilateral and bilateral partners, such as the Joint Force of the Group of Five of the Sahel, and with other relevant assistance frameworks;
(ii) a public diplomacy strategy and actions to ensure that populations in the Sahel-Maghreb are aware of the development activities of the United States Government, especially in countries with a significant Department of Defense presence or engagement through train and equip programs;
(iii) activities aimed at supporting democratic institutions and countering violent extremism with measurable goals and transparent benchmarks;
(iv) plans to help each partner country address humanitarian and development needs and to help prevent, respond to, and mitigate intercommunal violence;
(v) a comprehensive plan to support security sector reform in each partner country that includes a detailed section on programs and activities being undertaken by relevant stakeholders and other international actors operating in the sector; and
(vi) a specific strategy for Mali that includes plans for sustained, high-level diplomatic engagement with stakeholders, including countries in Europe and the Middle East with interests in the Sahel-Maghreb, regional governments, relevant multilateral organizations, signatory groups of the Agreement for Peace and Reconciliation in Mali, done in Algiers July 24, 2014, and civil society actors.
(C) A comprehensive 5-year strategy for program counterterrorism efforts.--The Secretary of State shall develop a comprehensive 5-year strategy for the Program that includes--
(i) a clear statement of the objectives of United States counterterrorism efforts in North Africa and West Africa with respect to the use of all forms of United States assistance to combat terrorism and counter violent extremism, including efforts--
(I) to build military and civilian law enforcement capacity;
(II) to strengthen the rule of law;
(III) to promote responsive and accountable governance; and
(IV) to address the root causes of terrorism and violent extremism;
(ii) a plan for coordinating programs through the Program pursuant to paragraph (2)(A), including identifying the agency or bureau of the Department of State, as applicable, that will be responsible for leading and coordinating each such program;
(iii) a plan to monitor, evaluate, and share data and learning about the Program in accordance with monitoring and evaluation provisions under sections 3 and 4 of the Foreign Aid Transparency and Accountability Act of 2016 (22 U.S.C. 2394c note and 2394c); and
(iv) a plan for ensuring coordination and compliance with related requirements in United States law, including the Global Fragility Act of 2019 (22 U.S.C. 9801 et seq.).
(D) Consultation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall consult with the appropriate congressional committees regarding the progress made towards developing the strategies required under subparagraphs (B) and (C).
(5) Supporting material in annual budget request.--
(A) In general.--The Secretary of State shall include a description of the requirements, activities, and planned allocation of amounts requested by the Program in the budget materials submitted to Congress in support of the President's annual budget request pursuant to section 1105 of title 31, United States Code, for each fiscal year beginning after the date of the enactment of this Act and annually thereafter for the following 5 years.
(B) Exception.--The requirement under subparagraph (A) shall not apply to activities of the Department of Defense conducted pursuant to authorities under title 10, United States Code.
(6) Monitoring and evaluation of programs and activities.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit a report to the appropriate congressional committees that describes--
(A) the progress made in meeting the objectives of the strategies required under subparagraphs (B) and (C) of paragraph (4), including any lessons learned in carrying out Program activities and any recommendations for improving such programs and activities;
(B) the efforts taken to coordinate, de-conflict, and streamline Program activities to maximize resource effectiveness;
(C) the extent to which each partner country has demonstrated the ability to absorb the equipment or training provided in the previous year under the Program, and as applicable, the ability to maintain and appropriately utilize such equipment;
(D) the extent to which each partner country is investing its own resources to advance the goals described in paragraph
(2)(A) or is demonstrating a commitment and willingness to cooperate with the United States to advance such goals;
(E) the actions taken by the government of each partner country receiving assistance under the Program to combat corruption, improve transparency and accountability, and promote other forms of democratic governance;
(F) the extent to which state security forces in each partner country have been implicated in gross violations of human rights during the reporting period, including how such gross violations of human rights have been addressed and or will be addressed through Program activities;
(G) the assistance provided in each of the 3 preceding fiscal years under the Program, broken down by partner country, including the type, statutory authorization, and purpose of all United States security assistance provided to the country pursuant to authorities under title 10, United States Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other ``train and equip'' authorities of the Department of Defense; and
(H) any changes or updates to the Comprehensive 5-Year Strategy for the Program required under paragraph (4)(C) necessitated by the findings in this annual report.
(7) Reporting requirement related to audit of bureau of african affairs monitoring and coordination of the trans-sahara counterterrorism partnership program.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter until the earlier of the date on which all 13 recommendations in the September 2020 Department of State Office of Inspector General audit entitled ``Audit of the Department of State Bureau of African Affairs Monitoring and Coordination of the Trans-Sahara Counterterrorism Partnership Program'' (AUD-MERO-20-42) are closed or the date that is 3 years after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that identifies--
(A) which of the 13 recommendations in AUD-MERO-20-42 have not been closed;
(B) a description of progress made since the last report toward closing each recommendation identified under subparagraph (A);
(C) additional resources needed, including assessment of staffing capacity, if any, to complete action required to close each recommendation identified under subparagraph (A); and
(D) the anticipated timeline for completion of action required to close each recommendation identified under subparagraph (A), including application of all recommendations into all existing security assistance programs managed by the Department of State under the Program.
(8) Program administration.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress that describes plans for conducting a written review of a representative sample of each of the security assistance programs administered by the Bureau of African Affairs that--
(A) identifies potential waste, fraud, abuse, inefficiencies, or deficiencies; and
(B) includes an analysis of staff capacity, including human resource needs, available resources, procedural guidance, and monitoring and evaluation processes to ensure that the Bureau of African Affairs is managing programs efficiently and effectively.
(9) Form.--The strategies required under subparagraphs (B) and (C) of paragraph (4) and the report required under paragraph (6) shall be submitted in unclassified form, but may include a classified annex.
(e) Rule of Construction.--Nothing in this section may be construed as authorizing the use of military force.
______
SA 4150. Mr. MENENDEZ 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, add the following:
Subtitle H--U.S.-Greece Defense and Interparliamentary Partnership Act of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``U.S.-Greece Defense and Interparliamentary Partnership Act of 2021''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) The United States and Greece are strong allies in the North Atlantic Treaty Organization (NATO) and have deepened their defense relationship in recent years in response to growing security challenges in the Eastern Mediterranean region.
(2) Greece participates in several NATO missions, including Operation Sea Guardian in the Mediterranean and NATO's mission in Kosovo.
(3) The Eastern Mediterranean Security and Energy Partnership Act (title II of division J of Public Law 116-94), authorized new security assistance for Greece and Cyprus, lifted the United States prohibition on arms transfers to Cyprus, and authorized the establishment of a United States-Eastern Mediterranean Energy Center to facilitate energy cooperation among the United States, Greece, Israel, and Cyprus.
(4) The United States has demonstrated its support for the trilateral partnership of Greece, Israel, and Cyprus through joint engagement with Cyprus, Greece, Israel, and the United States in the ``3+1'' format.
(5) The United States and Greece have held Strategic Dialogue meetings in Athens, Washington D.C., and virtually, and have committed to hold an upcoming Strategic Dialogue session in 2021 in Washington, D.C.
(6) In October 2019, the United States and Greece agreed to update the United States-Greece Mutual Defense Cooperation Agreement, and the amended agreement officially entered into force on February 13, 2020.
(7) The amended Mutual Defense Cooperation Agreement provides for increased joint United States-Greece and NATO activities at Greek military bases and facilities in Larissa, Stefanovikio, Alexandroupolis, and other parts of central and northern Greece, and allows for infrastructure improvements at the United States Naval Support Activity Souda Bay base on Crete.
(8) In October 2020, Greek Foreign Minister Nikos Dendias announced that Greece hopes to further expand the Mutual Defense Cooperation Agreement with the United States.
(9) The United States Naval Support Activity Souda Bay serves as a critical naval logistics hub for the United States Navy's 6th Fleet.
(10) In June 2020, United States Ambassador to Greece Geoffrey Pyatt characterized the importance of Naval Support Activity Souda Bay as ``our most important platform for the projection of American power into a strategically dynamic Eastern Mediterranean region. From Syria to Libya to the chokepoint of the Black Sea, this is a critically important asset for the United States, as our air force, naval, and other resources are applied to support our Alliance obligations and to help bring peace and stability.''.
(11) During a September 2020 visit to Souda Bay, then-Secretary of State Mike Pompeo announced that the USS Hershel ``Woody'' Williams, the second of a new class of United States sea-basing ships, will be based out of Souda Bay, the first permanent United States naval deployment at the base.
(12) The United States cooperates with the Hellenic Armed Forces at facilities in Larissa, Stefanovikio, and Alexandroupolis, where the United States Armed Forces conduct training, refueling, temporary maintenance, storage, and emergency response.
(13) The United States has conducted a longstanding International Military Education and Training (IMET) program with Greece, and the Government of Greece has committed to provide $3 for every dollar invested by the United States in the program.
(14) Greece's defense spending in 2020 amounted to an estimated 2.68 percent of its gross domestic product (GDP), exceeding NATO's 2 percent of GDP benchmark agreed to at the 2014 NATO Summit in Wales.
(15) Greece is eligible for the delivery of excess defense articles under section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)).
(16) In September 2020, Greek Prime Minister Kyriakos Mitsotakis announced plans to modernize all three branches of the Hellenic Armed Forces, which will strengthen Greece's military position in the Eastern Mediterranean.
(17) The modernization includes upgrades to the arms of all three branches, including new anti-tank weapons for the Hellenic Army, new heavy-duty torpedoes for the Hellenic Navy, and new guided missiles for the Hellenic Air Force.
(18) The Hellenic Navy also plans to upgrade its four MEKO 200HN frigates and purchase four new multirole frigates of an undisclosed type, to be accompanied by 4 MH-60R anti-submarine helicopters.
(19) The Hellenic Air Force plans to fully upgrade its fleet of F-16 jets to the F-16 Viper variant by 2027 and has expressed interest in participating in the F-35 Joint Strike Fighter program.
(20) The United States ejected Turkey from the F-35 Joint Strike Fighter Program in July 2019 as a result of its purchase of the Russian S-400 air defense system. Eight F-35 Joint Strike Fighters were produced for Turkey but never delivered as a result of its ejection from the program.
SEC. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed to supporting its security and prosperity;
(2) the 3+1 format of cooperation among Cyprus, Greece, Israel, and the United States has been a successful forum to cooperate on energy issues and should be expanded to include other areas of common concern to the members;
(3) the United States should increase and deepen efforts to partner with and support the modernization of the Greek military;
(4) it is in the interests of the United States that Greece continue to transition its military equipment away from Russian-produced platforms and weapons systems through the European Recapitalization Investment Program;
(5) the United States Government should continue to deepen strong partnerships with the Greek military, especially in co-development and co-production opportunities with the Greek Navy;
(6) the naval partnerships with Greece at Souda Bay and Alexandroupolis are mutually beneficial to the national security of the United States and Greece;
(7) the United States should, as appropriate, support the sale of F-35 Joint Strike Fighters to Greece to include those F-35 aircraft produced for but never delivered to Turkey as a result of Turkey's exclusion from the program due to its purchase of the Russian S-400 air defense system;
(8) the United States Government should continue to invest in International Military Education and Training (IMET) programs in Greece;
(9) the United States Government should support joint maritime security cooperation exercises with Cyprus, Greece, and Israel;
(10) in accordance with its legal authorities and project selection criteria, the United States Development Finance Corporation should consider supporting private investment in strategic infrastructure projects in Greece, to include shipyards and ports that contribute to the security of the region and Greece's prosperity;
(11) the extension of the Mutual Defense Cooperation Agreement with Greece for a period of five years includes deepened partnerships at Greek military facilities throughout the country and is a welcome development;
(12) the United States Government should restore congressionally appropriated military construction funds for construction projects at Naval Support Activity Souda Bay focused on a warehouse storage facility and an airport passenger terminal that were redirected to United States border wall programs in 2019; and
(13) the United States Government should establish the United States-Eastern Mediterranean Energy Center as authorized in the Eastern Mediterranean Energy and Security Partnership Act of 2019.
SEC. 1294. FUNDING FOR EUROPEAN RECAPITALIZATION INCENTIVE
PROGRAM.
(a) In General.--To the maximum extent feasible, of the funds appropriated for the European Recapitalization Incentive Program, $25,000,000 for each of fiscal years 2022 through 2026 should be considered for Greece as appropriate to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that provides a full accounting of all funds distributed under the European Recapitalization Incentive Program, including--
(1) identification of each recipient country;
(2) a description of how the funds were used; and
(3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation.
SEC. 1295. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that, as appropriate, the United States Government should provide direct loans to Greece for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act
(22 U.S.C. 2763) to support the further development of Greece's military forces.
SEC. 1296. TRANSFER OF F-35 JOINT STRIKE FIGHTER AIRCRAFT TO
GREECE.
The President is authorized to expedite delivery of any future F-35 aircraft to Greece once Greece is prepared to move forward with such a purchase on such terms and conditions as the President may require. Such transfer shall be submitted to Congress pursuant to the certification requirements under section 36 of the Arms Export Control Act
(22 U.S.C. 2776).
SEC. 1297. REPORT ON EXPEDITED EXCESS DEFENSE ARTICLES
TRANSFER PROGRAM.
During each of fiscal years 2022 through 2026, the Secretary of Defense, with the concurrence of the Secretary of State, shall report not later than October 31 to the appropriate congressional committees and the Committees on Armed Services of the Senate and the House of Representatives on Greece's defense needs and how the United States will seek to address such needs through transfers of excess defense equipment to Greece for that fiscal year.
SEC. 1298. IMET COOPERATION WITH GREECE.
Of the amounts authorized to be appropriated for each of fiscal years 2022 through 2026 for International Military Education and Training (IMET) assistance, $1,800,000 shall be made available for Greece, to the maximum extent practicable. The assistance shall be made available for the following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed Forces and Greece's military to build partnerships for the future.
(4) Enhancement of interoperability and capabilities for joint operations.
(5) Focusing on professional military education, civilian control of the military, and protection of human rights.
SEC. 1299. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1
INTERPARLIAMENTARY GROUP.
(a) Establishment.--There is established a group, to be known as the ``Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group'', to serve as a legislative component to the 3+1 process launched in Jerusalem in March 2019.
(b) Membership.--The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group of not more than 6 United States Senators, to be known as the
``United States group'', who shall be appointed jointly by the majority leader and the minority leader of the Senate.
(c) Meetings.--Not less frequently than once each year, the United States group shall meet with members of the 3+1 group to discuss issues on the agenda of the 3+1 deliberations of the Governments of Greece, Israel, Cyprus, and the United States to include maritime security, defense cooperation, energy initiatives, and countering malign influence efforts by the People's Republic of China and the Russian Federation.
SEC. 1299A. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subtitle, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
______
SA 4151. Mr. MENENDEZ 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. __. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS
AND NON-BINDING INSTRUMENTS.
(a) Section 112b of Title 1.--
(1) In general.--Chapter 2 of title 1, United States Code, is amended by striking section 112b and inserting the following:
``Sec. 112b. United States international agreements; transparency provisions
``(a)(1) Not less frequently than once each month, the Secretary, through the Legal Adviser of the Department of State, shall provide in writing to the appropriate congressional committees the following:
``(A)(i) A list of all international agreements and qualifying non-binding instruments approved for negotiation by the Secretary or another Department of State officer at the Assistant Secretary level or higher during the prior month, or, in the event an international agreement or qualifying non-binding instrument is not included in the list required by this clause, a certification corresponding to the international agreement or qualifying non-binding instrument as authorized under paragraph (4)(A).
``(ii) A description of the intended subject matter and parties to or participants for each international agreement and qualifying non-binding instrument listed pursuant to clause (i).
``(B)(i) A list of all international agreements and qualifying non-binding instruments signed, concluded, or otherwise finalized during the prior month.
``(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i).
``(iii) A detailed description of the legal authority that, in the view of the Secretary, provides authorization for each international agreement and qualifying non-binding instrument provided under clause (ii) to become operative. If multiple authorities are relied upon in relation to an international agreement or qualifying non-binding instrument, the Secretary shall cite all such authorities. All citations to a treaty or statute shall include the specific article or section and subsection reference whenever available and, if not available, shall be as specific as possible. If the authority relied upon is or includes article II of the Constitution of the United States, the Secretary shall explain the basis for that reliance.
``(C)(i) A list of all international agreements that entered into force and qualifying non-binding instruments that became operative for the United States or an agency of the United States during the prior month.
``(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i).
``(iii) A statement describing any new or amended statutory or regulatory authority anticipated to be required to fully implement each proposed international agreement and qualifying non-binding instrument included in the list described in clause (i).
``(iv) A statement of whether there were any opportunities for public comment on the international agreement or qualifying non-binding instrument prior to the conclusion of such agreement or instrument.
``(2) The Secretary may provide any of the information or texts of international agreements and qualifying non-binding instruments required under paragraph (1) in classified form if providing such information in unclassified form could reasonably be expected to cause damage to the foreign relations or foreign activities of the United States.
``(3) In the case of a general authorization issued for the negotiation or conclusion of a series of international agreements of the same general type, the requirements of this subsection may be satisfied by the provision in writing of--
``(A) a single notification containing all the information required by this subsection; and
``(B) a list, to the extent described in such general authorization, of the countries or entities with which such agreements are contemplated.
``(4)(A) The Secretary may, on a case-by-case basis, waive the requirements of subsection (a)(1)(A)(i) with respect to a specific international agreement or qualifying non-binding instrument for renewable periods of up to 180 days if the Secretary certifies in writing to the appropriate congressional committees that--
``(i) exercising the waiver authority is vital to the negotiation of a particular international agreement or qualifying non-binding instrument; and
``(ii) the international agreement or qualifying non-binding instrument would significantly and materially advance the foreign policy or national security interests of the United States.
``(B) The Secretary shall brief the Majority Leader and the Minority Leader of the Senate, the Speaker and the Minority Leader of the House of Representatives, and the Chairs and Ranking Members of the appropriate congressional committees on the scope and status of the negotiation that is the subject of the waiver under subparagraph (A)--
``(i) not later than 60 calendar days after the date on which the Secretary exercises the waiver; and
``(ii) once every 180 calendar days during the period in which a renewed waiver is in effect.
``(C) The certification required by subparagraph (A) may be provided in classified form.
``(D) The Secretary shall not delegate the waiver authority or certification requirements under subparagraph (A). The Secretary shall not delegate the briefing requirements under subparagraph (B) to any person other than the Deputy Secretary.
``(b)(1) Not less frequently than once each month, the Secretary shall make the text of all international agreements that entered into force during the prior month, and the information required by subparagraph (B)(iii) of subsection
(a)(1) and clauses (iii) and (iv) of subparagraph (C) of such subsection, available to the public on the website of the Department of State.
``(2) The requirement under paragraph (1)--
``(A) shall not apply to any information, including the text of an international agreement, that is classified; and
``(B) shall apply to any information, including the text of an international agreement, that is unclassified, except that the information required by subparagraph (B)(iii) of subsection (a)(1) and clauses (iii) and (iv) of subparagraph
(C) of such subsection shall not be subject to the requirement under paragraph (1) if the international agreement to which it relates is classified.
``(3)(A) Not less frequently than once every 90 calendar days, the Secretary shall make the text of all unclassified qualifying non-binding instruments that become operative available to the public on the website of the Department of State.
``(B) The requirement under subparagraph (A) shall not apply to a qualifying non-binding instrument if making the text of that instrument available to the public could reasonably be expected to cause damage to the foreign relations or foreign activities of the United States.
``(c) For any international agreement or qualifying non-binding instrument, not later than 30 calendar days after the date on which the Secretary receives a written communication from the Chair or Ranking Member of either of the appropriate congressional committees requesting copies of any implementing agreements or instruments, whether binding or non-binding, the Secretary shall submit such implementing agreements or instruments to the appropriate congressional committees.
``(d) Any department or agency of the United States Government that enters into any international agreement or qualifying non-binding instrument on behalf of itself or the United States shall--
``(1) provide to the Secretary the text of each international agreement not later than 30 calendar days after the date on which such agreement is signed;
``(2) provide to the Secretary the text of each qualifying non-binding instrument not later than 30 calendar days after the date of the written communication described in subsection
(m)(3)(A)(ii)(II); and
``(3) on an ongoing basis, provide any implementing material to the Secretary for transmittal to the appropriate congressional committees as needed to satisfy the requirements described in subsection (c).
``(e)(1) Each department or agency of the United States Government that enters into any international agreement or qualifying non-binding instrument on behalf of itself or the United States shall designate a Chief International Agreements Officer, who shall--
``(A) be selected from among employees of such department or agency;
``(B) serve concurrently as the Chief International Agreements Officer; and
``(C) subject to the authority of the head of such department or agency, have department- or agency-wide responsibility for efficient and appropriate compliance with this section.
``(2) The Chief International Agreements Officer of the Department of State shall serve in the Office of the Legal Adviser with the title of International Agreements Compliance Officer.
``(f) Texts of oral international agreements and qualifying non-binding instruments shall be reduced to writing and subject to the requirements of subsection (a).
``(g) Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary. Such consultation may encompass a class of agreements rather than a particular agreement.
``(h)(1) Notwithstanding any other provision of law, no amounts appropriated to the Department of State under any law shall be available for obligation or expenditure to conclude or implement or to support the conclusion or implementation of (including through the use of personnel or resources subject to the authority of a chief of mission) an international agreement, other than to facilitate compliance with this section, until the Secretary satisfies the substantive requirements in subsection (a) with respect to that international agreement.
``(2)(A) An obligation or expenditure of funds that does not comply with the prohibition described in paragraph (1) shall not constitute a violation of paragraph (1) or any other law if such violation was inadvertent.
``(B) For purposes of this subsection, a violation shall be considered to be inadvertent if, not later than 5 business days after the date on which a Department of State official first learns of the violation, the Secretary--
``(i) certifies in writing to the appropriate congressional committees that, to the Secretary's knowledge, the Department of State was unaware of the violation at the time of the obligation or expenditure; and
``(ii) satisfies the substantive requirements in subsection
(a) with respect to the international agreement concerned.
``(3) This subsection shall take effect on October 1, 2022.
``(i)(1) Not later than 3 years after the date of the enactment of this Act, and not less frequently than once every 2 years thereafter, the Comptroller General of the United States shall conduct an audit of the compliance of the Secretary with the requirements of this section.
``(2) In any instance in which a failure by the Secretary to comply with such requirements is determined by the Comptroller General to have been due to the failure or refusal of another agency to provide information or material to the Department of State, or the failure to do so in a timely manner, the Comptroller General shall engage such other agency to determine--
``(A) the cause and scope of such failure or refusal;
``(B) the specific office or offices responsible for such failure or refusal; and
``(C) penalties or other recommendations for measures to ensure compliance with statutory requirements.
``(3) The Comptroller General shall submit to the appropriate congressional committees in writing the results of each audit required by paragraph (1).
``(4) The Comptroller General and the Secretary shall make the results of each audit required by paragraph (1) publicly available on the websites of the Government Accountability Office and the Department of State, respectively.
``(j)(1) Not later than February 1 of each year, the Secretary shall submit to the appropriate congressional committees a written report that contains a list of--
``(A) all international agreements and qualifying non-binding instruments that were signed or otherwise concluded, entered into force or otherwise became operative, or that were modified or otherwise amended during the preceding calendar year; and
``(B) for each agreement and instrument included in the list under subparagraph (A)--
``(i) the dates of any action described in such subparagraph;
``(ii) the title of the agreement or instrument; and
``(iii) a summary of the agreement or instrument (including a description of the duration of activities under the agreement or instrument and a description of the agreement or instrument).
``(2) The report described in paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
``(3)(A) The Secretary should make the report, except for any classified annex, available to the public on the website of the Department of State.
``(B) Not later than February 1 of each year, the Secretary shall make available to the public on the website of the Department of State each part of the report involving an international agreement or qualifying non-binding instrument that entered into force or became operative during the preceding calendar year, except for any classified annex or information contained therein.
``(4) Not less frequently than once every 90 calendar days, the Secretary shall brief the appropriate congressional committees on developments with regard to treaties, other international agreements, and non-binding instruments that have an important effect on the foreign relations of the United States.
``(k) The President shall, through the Secretary, promulgate such rules and regulations as may be necessary to carry out this section.
``(l) It is the sense of Congress that the executive branch should not prescribe or otherwise commit to or include specific legislative text in a treaty, executive agreement, or non-binding instrument unless Congress has authorized such action.
``(m) In this section:
``(1) The term `appropriate congressional committees' means--
``(A) the Committee on Foreign Relations of the Senate; and
``(B) the Committee on Foreign Affairs of the House of Representatives.
``(2) The term `Deputy Secretary' means the Deputy Secretary of State.
``(3) The term `intelligence community' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(4) The term `international agreement' includes--
``(A) any treaty that requires the advice and consent of the Senate, pursuant to article II of the Constitution of the United States; and
``(B) any other international agreement to which the United States is a party and that is not subject to the advice and consent of the Senate.
``(5)(A) The term `qualifying non-binding instrument' means a non-binding instrument that--
``(i) is or will be under negotiation or is signed or otherwise becomes operative with one or more foreign governments, international organizations, or foreign entities, including non-state actors; and
``(ii)(I) could reasonably be expected to have a significant impact on the foreign policy of the United States; or
``(II) is the subject of a written communication from the Chair or Ranking Member of either of the appropriate congressional committees to the Secretary.
``(B) The term `qualifying non-binding instrument' does not include any non-binding instrument that is signed or otherwise becomes operative pursuant to the authorities provided in title 10 or the authorities provided to any element of the intelligence community.
``(6) The term `Secretary' means the Secretary of State.
``(7)(A) The term `text' with respect to an international agreement or qualifying non-binding instrument includes--
``(i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the international agreement or qualifying non-binding instrument; and
``(ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned regardless of the title of the document, that is entered into contemporaneously and in conjunction with the international agreement or qualifying non-binding instrument.
``(B) Under clauses (i) and (ii) of subparagraph (A), the term `contemporaneously and in conjunction with' shall be construed liberally and shall not be interpreted to mean simultaneously or on the same day.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 2 of title 1, United States Code, is amended by striking the item relating to section 112b and inserting the following:
``112b. United states international agreements; transparency provisions.''.
(3) Technical and conforming amendment relating to authorities of the secretary of state.--Section 317(h)(2) of the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2)) is amended by striking ``Section 112b(c)'' and inserting
``Section 112b(g)''.
(4) Authorization of appropriations.--There is authorized to be appropriated to the Department of State $1,000,000 for each of fiscal years 2022 through 2026 for purposes of implementing the requirements of section 112b of title 1, United States Code, as amended by this subsection.
(5) Rules and regulations.--Not later than 180 days after the date of the enactment of this Act, the President shall, through the Secretary of State, promulgate such rules and regulations as may be necessary to carry out section 112b of title 1, United States Code, as amended by this subsection.
(b) Section 112a of Title 1.--Section 112a of title 1, United States Code, is amended--
(1) in subsection (a), by striking ``(a) The Secretary'' and inserting ``The Secretary''; and
(2) by striking subsections (b), (c), and (d).
______
SA 4152. Ms. HASSAN 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, add the following:
SEC. 583. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEMBER PROGRAM
ADVISORY COUNCIL.
(a) Establishment.--Chapter 7 of title 10, United States Code, is amended by inserting before section 187 the following new section 186:
``Sec. 186. Exceptional Family Member Program Advisory
Council
``(a) Establishment.--There is an Exceptional Family Member Program Advisory Council in the Department of Defense (in this section referred to as the `Council').
``(b) Purpose.--The purpose of the Council is to provide, to the Subcommittees on Military Personnel of the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense, and the chiefs of the covered armed forces, recommendations regarding how to improve the Exceptional Family Member Program. The Council shall provide such recommendations not less than once every six months.
``(c) Composition.--The Council shall be composed of the following:
``(1) One member of each covered armed force--
``(A) serving on active duty;
``(B) who has a dependent--
``(i) enrolled in the Exceptional Family Member Program; and
``(ii) with an individualized education program; and
``(C) appointed by the Vice Chief of Staff of the covered armed force concerned.
``(2) Two military spouses--
``(A) of members eligible to be appointed under paragraph
(1);
``(B) who are not civilian employees of the Department of Defense;
``(C) one of whom is married to an enlisted member and one of whom is married to an officer; and
``(D) appointed by the Vice Chief of Staff of the covered armed force concerned.
``(3) One adult dependent--
``(A) enrolled in the Exceptional Family Member Program; and
``(B) appointed by the Vice Chief of Staff of the covered armed force concerned.
``(4) One representative of the Exceptional Family Member Program Coalition.
``(5) One member of the Defense Health Agency.
``(6) One member of the Department of Defense Education Activity.
``(7) One member of the Office of Special Needs.
``(d) Appointments.--In making appointments under subsection (c), the Vice Chief of Staff of the covered armed force concerned shall seek to represent the diversity of the disability community.
``(e) Terms.--Each member of the Council shall serve a term of two years, except one of the original members appointed under subsection (c)(2), selected by the Secretary of Defense at the time of appointment, one shall be appointed for a term of three years.
``(f) Meetings.--The Council shall meet at least once every calendar quarter, in person or by teleconference.
``(g) Covered Armed Force Defined.--In this section, the term `covered armed force' means an armed force under the jurisdiction of the Secretary of a military department.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 187 the following new item:
``186. Exceptional Family Member Program Advisory Council.''.
(2) Termination of advisory panel on community support for military families with special needs.--Section 563 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 1781c note) is amended by striking subsection (d).
______
SA 4153. Ms. HASSAN 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 V, add the following:
SEC. 576. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE
TRANSITION ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is amended--
(1) in subparagraph (E), by striking ``Disability'' and inserting ``Potential or confirmed medical discharge of the member'';
(2) in subparagraph (F), by striking ``Character'' and all that follows through the period at the end and inserting
``Potential or confirmed involuntary separation of the member.'';
(3) by redesignating subparagraph (M) as subparagraph (R); and
(4) by inserting after subparagraph (L) the following new subparagraphs:
``(M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).
``(N) The employment status of other adults in the household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family while on duty).
``(P) The effects of operating tempo and personnel tempo on the member and the household of the member.
``(Q) Whether the member is an Indian or urban Indian, as those terms are defined in section 4 of the Indian Health Care Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''.
______
SA 4154. Mr. WYDEN (for himself and Mr. Merkley) 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. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE
RESPONSE.
The Secretary of the Army and the Secretary of the Air Force may, in consultation with the Chief of the National Guard Bureau, provide support for training of appropriate personnel of the National Guard on wildfire response and prevention, with preference given to military installations with the highest wildfire suppression need.
______
SA 4155. Mr. WYDEN (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 G of title XII, add the following:
SEC. 1283. MODIFICATION OF AUTHORITY OF PRESIDENT UNDER
EXPORT CONTROL REFORM ACT OF 2018.
Section 1753(a)(2)(F) of the Export Control Reform Act of 2019 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting ``, security, or'' before ``intelligence''.
______
SA 4156. Mr. WYDEN 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. ___. FEDERAL CYBERSECURITY REQUIREMENTS.
(a) Exemption From Federal Requirements.--Section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) is amended to read as follows:
``(2) Exception.--
``(A) In general.--A particular requirement under paragraph
(1) shall not apply to an agency information system of an agency if--
``(i) with respect to the agency information system, the head of the agency submits to the Director an application for an exemption from the particular requirement, in which the head of the agency personally certifies to the Director with particularity that--
``(I) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the particular requirement;
``(II) the particular requirement is not necessary to secure the agency information system or agency information stored on or transiting the agency information system; and
``(III) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting the agency information system;
``(ii) the head of the agency or the designee of the head of the agency has submitted the certification described in clause (i) to the appropriate congressional committees and any other congressional committee with jurisdiction over the agency; and
``(iii) the Director grants the exemption from the particular requirement.
``(B) Duration of exemption.--
``(i) In general.--An exemption granted under subparagraph
(A) shall expire on the date that is 1 year after the date on which the Director grants the exemption.
``(ii) Renewal.--Upon the expiration of an exemption granted to an agency under subparagraph (A), the head of the agency may apply for an additional exemption.''.
(b) Report on Exemptions.--Section 3554(c)(1)(A) of title 44, United States Code, is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
``(iv) with respect to any exemptions the agency is granted by the Director of the Office of Management and Budget under section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) that is effective on the date of submission of the report--
``(I) an identification of the particular requirements from which any agency information system (as defined in section 2210 of the Homeland Security Act of 2002 (6 U.S.C. 660)) is exempted; and
``(II) for each requirement identified under subclause
(I)--
``(aa) an identification of the agency information system described in subclause (I) exempted from the requirement; and
``(bb) an estimate of the date on which the agency will to be able to comply with the requirement; and''.
(c) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act.
______
SA 4157. Mr. WYDEN 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. ___. REQUIREMENT FOR DIRECTOR OF NATIONAL INTELLIGENCE
AND DIRECTOR OF THE FEDERAL BUREAU OF
INVESTIGATION TO UNDERTAKE AN EFFORT TO
IDENTIFY INTERNATIONAL MOBILE SUBSCRIBER
IDENTITY-CATCHERS AND DEVELOP COUNTERMEASURES.
Section 5725(a) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public 116-92; 50 U.S.C. 3024 note) is amended, in the matter before paragraph (1), by striking
``may'' and inserting ``shall''.
______
SA 4158. Mr. WYDEN 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 XVI, insert the following:
SEC. ___. REPORT ON COMBATING DIGITAL AUTHORITARIANISM.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report presenting and evaluating options through which the Department of Defense can combat digital authoritarianism, including through research and development.
(b) Consultation.--In preparing the report required by subsection (a), the Secretary shall consult with the following:
(1) The Assistant Secretary of State for Democracy, Human Rights, and Labor.
(2) The Chief Executive Officer of the United States Agency for Global Media.
(3) The Under Secretary of Industry and Security.
(4) The Deputy United States Trade Representative responsible for digital trade.
(5) The Deputy Under Secretary of Labor for International Labor Affairs.
(c) Form.--The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Publication.--The Secretary shall publish the unclassified portion of the report submitted under subsection
(a) on a publicly available website of the Department of Defense.
(e) Appropriate Committees of Congress Defined.--In this section the term ``appropriate committees of Congress'' includes--
(1) the congressional defense committees;
(2) the Select Committee on Intelligence, the Committee on Finance, and the Committee on Foreign Relations of the Senate; and
(3) the Permanent Select Committee on Intelligence, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives.
______
SA 4159. Mr. WYDEN 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. ___. REPORT ON SURVEILLANCE THREAT POSED BY FOREIGN
GOVERNMENTS AND CRIMINALS USING CELL-SITE
SIMULATORS NEAR FACILITIES OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than 180 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 surveillance threat posed by foreign governments and criminals using cell-site simulators near facilities of the Department of Defense to target the Government-issued and personal mobile telephones of personnel of the Department.
(b) Contents.--The report submitted under subsection (a) shall include the following:
(1) A detailed plan for addressing the threat described in subsection (a) for facilities of the Department located in the United States and for facilities of the Department located outside the United States.
(2) An estimate of the initial and ongoing costs necessary to address such threat and the time it would take to do so.
(3) A description of any legal, regulatory, or policy impediments, if any, impeding the Secretary from addressing such threat, and proposals to address such impediments.
(c) Form.--The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Publication.--The Secretary shall make available to the public on an internet website the unclassified portion of the report submitted under subsection (a).
(e) Definitions.--In this section:
(1) The term ``cell-site simulator'' means any device that functions as or simulates a base station for commercial mobile services or private mobile services in order to identify, locate, or intercept transmissions from cellular devices for purposes other than providing ordinary commercial mobile services or private mobile services.
(2) The term ``commercial mobile service'' has the meaning given such term in section 332 of the Communications Act of 1934 (47 U.S.C. 332).
(3) The term ``private mobile service'' has the meaning given that term in section 332 of the Communications Act of 1934 (47 U.S.C. 332).
______
SA 4160. Mr. WYDEN 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. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN
MEDICAL TRAINING.
(a) In General.--Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2018. Use of human-based methods for certain medical training
``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2024, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods.
``(2) Not later than October 1, 2026, the Secretary--
``(A) shall only use human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries; and
``(B) may not use animals for such purpose.
``(b) Exception for Particular Commands and Training Methods.--(1) The Secretary may exempt a particular command, particular training method, or both, from the requirement for human-based training methods under subsection (a)(2) if the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods for such command or training method, as the case may be.
``(2) Any exemption under this subsection shall be for such period, not more than one year, as the Secretary shall specify in granting the exemption. Any exemption may be renewed (subject to the preceding sentence).
``(c) Annual Reports.--(1) Not later than October 1, 2022, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries under this section.
``(2) Each report under this subsection on or after October 1, 2026, shall include a description of any exemption under subsection (b) that is in force at the time of such report, and a current justification for such exemption.
``(d) Definitions.--In this section:
``(1) The term `combat trauma injuries' means severe injuries likely to occur during combat, including--
``(A) hemorrhage;
``(B) tension pneumothorax;
``(C) amputation resulting from blast injury;
``(D) compromises to the airway; and
``(E) other injuries.
``(2) The term `human-based training methods' means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including--
``(A) simulators;
``(B) partial task trainers;
``(C) moulage;
``(D) simulated combat environments;
``(E) human cadavers; and
``(F) rotations in civilian and military trauma centers.
``(3) The term `partial task trainers' means training aids that allow individuals to learn or practice specific medical procedures.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 101 of such title is amended by adding at the end the following new item:
``2018. Use of human-based methods for certain medical training.''.
______
SA 4161. Mr. WYDEN (for himself and Ms. Lummis) 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 sections 511 through 515 and insert the following:
SEC. 511. RESPONSIBILITIES FOR NATIONAL MOBILIZATION;
PERSONNEL REQUIREMENTS.
The Secretary of Defense shall designate a senior civilian official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for--
(1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers; and
(2) providing Congress with a plan, developed to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency.
SEC. 512. REPEAL OF MILITARY SELECTIVE SERVICE ACT.
(a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) is repealed.
(b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. Not later than 180 days after the date of the enactment of this Act, the assets, contracts, property, and records held by the Selective Service System, and the unexpended balances of any appropriations available to the Selective Service System, shall be transferred to the Administrator of General Services upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.
(c) Effect on Existing Sanctions.--
(1) Notwithstanding any other provision of law, a person may not be denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to present himself for and submit to registration under section 3 of the Military Selective Service Act (50 U.S.C. 3802), before the repeal of that Act by subsection
(a).
(2) A State, political subdivision of a State, or political authority of two or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law to penalize or deny any privilege or benefit to a person who failed to present himself for and submit to registration under section 3 of the Military Selective Service Act (50 U.S.C. 3802), before the repeal of that Act by subsection (a). In this section, ``State'' means a State, the District of Columbia, and a territory or possession of the United States.
(3) Failing to present oneself for and submit to registration under section 3 of the Military Selective Service Act (50 U.S.C. 3802), before the repeal of that Act by subsection (a), shall not be reason for any entity of the United States Government to determine that a person lacks good moral character or is unsuited for any privilege or benefit.
(d) Conscientious Objectors.--Nothing contained in this section shall be construed to undermine or diminish the rights of conscientious objectors under laws and regulations of the United States.
______
SA 4162. Mr. WYDEN 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. 104___. OREGON RECREATION ENHANCEMENT.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or
(B) the Secretary of Agriculture, with respect to National Forest System land.
(2) State.--The term ``State'' means the State of Oregon.
(b) Rogue Canyon and Molalla Recreation Areas, Oregon.--
(1) Designation of rogue canyon and molalla recreation areas.--For the purposes of protecting, conserving, and enhancing the unique and nationally important recreational, ecological, scenic, cultural, watershed, and fish and wildlife values of the areas, the following areas in the State are designated as recreation areas for management by the Secretary in accordance with paragraph (3):
(A) Rogue canyon recreation area.--The approximately 98,150 acres of Bureau of Land Management land within the boundary generally depicted as the ``Rogue Canyon Recreation Area'' on the map entitled ``Rogue Canyon Recreation Area Wild Rogue Wilderness Additions'' and dated November 19, 2019, which is designated as the ``Rogue Canyon Recreation Area''.
(B) Molalla recreation area.--The approximately 29,884 acres of Bureau of Land Management land within the boundary generally depicted on the map entitled ``Molalla Recreation Area'' and dated September 26, 2018, which is designated as the ``Molalla Recreation Area''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each recreation area designated by paragraph (1).
(B) Effect.--The maps and legal descriptions prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any minor errors in the maps and legal descriptions.
(C) Public availability.--The maps and legal descriptions prepared under subparagraph (A) shall be available for public inspection in the appropriate offices of the Bureau of Land Management.
(3) Administration.--
(A) Applicable law.--The Secretary shall administer each recreation area designated by paragraph (1)--
(i) in a manner that conserves, protects, and enhances the purposes for which the recreation area is established; and
(ii) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(III) other applicable laws.
(B) Uses.--The Secretary shall only allow those uses of a recreation area designated by paragraph (1) that are consistent with the purposes for which the recreation area is established.
(C) Wildfire risk assessment.--Not later than 280 days after the date of enactment of this Act, the Secretary, in consultation with the Oregon Governor's Council on Wildfire Response, shall conduct a wildfire risk assessment that covers--
(i) the recreation areas designated by paragraph (1);
(ii) the Wild Rogue Wilderness; and
(iii) any Federal land adjacent to an area described in clause (i) or (ii).
(D) Wildfire mitigation plan.--
(i) In general.--Not later than 1 year after the date on which the wildfire risk assessment is conducted under subparagraph (C), the Secretary shall develop a wildfire mitigation plan, based on the wildfire risk assessment, that identifies, evaluates, and prioritizes treatments and other management activities that can be implemented on the Federal land covered by the wildfire risk assessment (other than Federal land designated as a unit of the National Wilderness Preservation System) to mitigate wildfire risk to communities located near the applicable Federal land.
(ii) Plan components.--The wildfire mitigation plan developed under clause (i) shall include--
(I) vegetation management projects (including mechanical treatments to reduce hazardous fuels and improve forest health and resiliency);
(II) evacuation routes for communities located near the applicable Federal land, which shall be developed in consultation with State and local fire agencies; and
(III) strategies for public dissemination of emergency evacuation plans and routes.
(iii) Applicable law.--The wildfire mitigation plan under clause (i) shall be developed in accordance with--
(I) this subsection; and
(II) any other applicable law.
(E) Road construction.--
(i) In general.--Except as provided in clause (ii) or as the Secretary determines necessary for public safety, no new permanent or temporary roads shall be constructed (other than the repair and maintenance of existing roads) within a recreation area designated by paragraph (1).
(ii) Temporary roads.--Consistent with the purposes of this section, the Secretary may construct temporary roads within a recreation area designated by paragraph (1) to implement the wildfire mitigation plan developed under subparagraph (D), unless the temporary road would be within an area designated as a unit of the National Wilderness Preservation System.
(iii) Effect.--Nothing in this subparagraph affects the administration by the Secretary of the Molalla Forest Road in accordance with applicable resource management plans.
(F) Effect on wildfire management.--Nothing in this subsection alters the authority of the Secretary (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within a recreation area designated by paragraph (1), consistent with the purposes of this section.
(G) Withdrawal.--Subject to valid existing rights, all Federal surface and subsurface land within a recreation area designated by paragraph (1) is withdrawn from all forms of--
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials.
(H) No effect on wilderness areas.--Any wilderness area located within a recreation area designated by paragraph (1) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(4) Adjacent management.--Nothing in this subsection creates any protective perimeter or buffer zone around a recreation area designated by paragraph (1).
(c) Expansion of Wild Rogue Wilderness Area.--
(1) Definitions.--In this subsection:
(A) Map.--The term ``map'' means the map entitled ``Rogue Canyon Recreation Area Wild Rogue Wilderness Additions'' and dated November 19, 2019.
(B) Wilderness additions.--The term ``Wilderness additions'' means the land added to the Wild Rogue Wilderness under paragraph (2)(A).
(2) Expansion of wild rogue wilderness area.--
(A) Expansion.--The approximately 59,512 acres of Federal land in the State generally depicted on the map as ``Proposed Wilderness'' shall be added to and administered as part of the Wild Rogue Wilderness in accordance with the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95-237), except that--
(i) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and
(ii) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable.
(B) Map; legal description.--
(i) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by subparagraph (A).
(ii) Force of law.--The map and legal description filed under clause (i) shall have the same force and effect as if included in this subsection, except that the Secretary may correct typographical errors in the map and legal description.
(iii) Public availability.--The map and legal description filed under clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service.
(C) Fire, insects, and disease.--The Secretary may take such measures within the Wilderness additions as the Secretary determines to be necessary for the control of fire, insects, and disease, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)).
(D) Withdrawal.--Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of--
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials.
(E) Tribal rights.--Nothing in this paragraph alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe.
(d) Withdrawal of Federal Land, Curry County and Josephine County, Oregon.--
(1) Definitions.--In this subsection:
(A) Eligible federal land.--The term ``eligible Federal land'' means--
(i) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or
(ii) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act.
(B) Maps.--The term ``Maps'' means--
(i) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and
(ii) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015.
(2) Withdrawal.--Subject to valid existing rights, the eligible Federal land 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
(C) operation under the mineral leasing and geothermal leasing laws.
(3) Availability of maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management.
(4) Existing uses not affected.--Except with respect to the withdrawal under paragraph (2), nothing in this subsection restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law.
______
SA 4163. Mr. WYDEN 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 XV, insert the following:
SEC. 15__. REPORT ON PURCHASE AND USE BY DEPARTMENT OF
DEFENSE OF LOCATION DATA GENERATED BY
AMERICANS' PHONES AND THEIR INTERNET METADATA.
(a) Report Required.--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 and make available to the public on an internet website of the Department of Defense a report that--
(1) identifies each covered entity that is currently, or during the five year period ending on the date of the enactment of this Act was, without a court order--
(A) obtaining in exchange for anything of value any covered records; and
(B) intentionally retaining or intentionally using such covered records; and
(2) for each covered entity identified pursuant to paragraph (1), identifies--
(A) each category of covered record the covered entity, without a court order, is obtaining or obtained, in exchange for anything of value;
(B) whether the covered entity intentionally retained or is intentionally retaining each category of covered records pursuant to subparagraph (A);
(C) whether the covered entity intentionally uses or used each category of covered records identified pursuant to subparagraph (A); and
(D) whether such obtaining, retention, and use ceased before the date of the enactment of this Act or is ongoing.
(b) Form.--The report submitted under subsection (a) shall be submitted in unclassified form.
(c) Determination of Parties to a Communication.--In determining under this section whether a party to a communication is likely to be located inside or outside the United States, the Secretary shall consider the Internet Protocol (IP) address used by the party to the communication, but may also consider other information known to the Secretary.
(d) Definitions.--In this section:
(1) The term ``covered entities'' means the Defense Agencies, Department of Defense activities, and components of the Department that--
(A) are under the authority, direction, and control of the Under Secretary of Defense for Intelligence and Security; or
(B) over which the Under Secretary exercises planning, policy, funding, or strategic oversight authority.
(2) The term ``covered records'' includes the following:
(A) Location data generated by phones that are likely to be located in the United States.
(B) Domestic phone call records.
(C) International phone call records.
(D) Domestic text message records.
(E) International text message records.
(F) Domestic netflow records.
(G) International netflow records.
(H) Domestic Domain Name System records.
(I) International Domain Name System records.
(J) Other types of domestic internet metadata.
(K) Other types of international internet metadata.
(3) The term ``domestic'' means a telephone or an internet communication in which all parties to the communication are likely to be located in the United States.
(4)(A) The term ``international'' means a telephone or an internet communication in which one or more parties to the communication are likely to be located in the United States and one or more parties to the communication are likely to be located outside the United States.
(B) The term ``international'' does not include a telephone or an internet communication in which all parties to the communication are likely to be located outside the United States.
(5) The term ``obtain in exchange for anything of value'' means to obtain by purchasing, to receive in connection with services being provided for consideration, or to otherwise obtain in exchange for consideration, including an access fee, service fee, maintenance fee, or licensing fee.
(6)(A) Except as provided in su bparagraph (B), the term
``retain'' means the storage of a covered record.
(B) The term ``retain'' does not include the temporary storage of a covered record that will be, but has not yet been, subjected to a process in which the covered record, which is part of a larger compilation containing records that are not covered records, are identified and deleted.
(7)(A) Except as provided in subparagraph (B), the term
``use'', with respect to a covered record, includes analyzing, processing, or sharing the covered record.
(B) The term ``use'' does not include subjecting the covered record to a process in which the covered record, which is part of a larger compilation containing records that are not covered records, are identified and deleted.
______
SA 4164. Mr. WYDEN (for himself and Mr. Merkley) 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. LIMITATION ON MODIFICATION OF TRAINING ACTIVITIES
IN OREGON PURSUANT TO RECORD OF DECISION FOR
ENVIRONMENTAL IMPACT STATEMENT RELATING TO
MOUNTAIN HOME AIR FORCE BASE, IDAHO.
The Secretary of the Air Force shall ensure that any record of decision issued by the Secretary for the Airspace Optimization for Readiness Environmental Impact Statement for Mountain Home Air Force Base, Idaho, does not modify existing training regimes and activities of the Air Force in Oregon until the Secretary, in coordination with the United States Geological Survey and the Oregon Department of Fish and Wildlife, has conducted and then analyzed in a supplemental draft environmental impact statement comprehensive, primary research on the effects of real noise, the risk of wildfire from the use of flares, and the risk of water pollution from the use of chaff from current and proposed future military training on wildlife and human communities in the Mountain Home Military Operations Area in Oregon.
______
SA 4165. Mr. JOHNSON (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:
After section 1247, add the following:
SEC. 1248. ELIGIBILITY OF TAIWAN FOR THE STRATEGIC TRADE
AUTHORIZATION EXCEPTION TO CERTAIN EXPORT
CONTROL LICENSING REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Taiwan has adopted high standards in the field of export controls.
(2) Taiwan has declared its unilateral adherence to the Missile Technology Control Regime, the Wassenaar Arrangement, the Australia Group, and the Nuclear Suppliers Group.
(3) At the request of President George W. Bush, section 1206 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2321k note) required that Taiwan be treated as if it were designated as a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q)).
(b) Eligibility for Strategic Trade Authorization.--The President, consistent with the commitments of the United States under international arrangements, shall take steps so that Taiwan may be treated as if it were included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of the Export Administration Regulations to the requirement for a license for the export, re-export, or in-country transfer of an item subject to controls under the Export Administration Regulations.
(c) Criteria.--Before the President may treat Taiwan as eligible for the exception described in subsection (b), the President shall ensure that Taiwan satisfies any applicable criteria normally required for inclusion in the Country Group A:5 list set forth in Supplement No. 1 to part 740 of the Export Administration Regulations, particularly with respect to alignment of export control policies with such policies of the United States.
(d) Export Administration Regulations Defined.--In this section, the term ``Export Administration Regulations'' has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
______
SA 4166. 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 A of title XV, add the following:
SEC. 1516. STATEMENT OF POLICY ON FOSTERING SPACE LAUNCH
COMPETITION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense and the Director of the National Reconnaissance Office should, to the extent practicable, procure launch services through the most competitive means available based on the requirements of each mission, including full and open competition and the Orbital Services Program-4; and
(2) to the extent necessary for any mission that can only be performed by launch providers that meet the high requirements of the Phase 2 of the National Security Space Launch program, the Secretary and the Director should continue to use launch services under a Phase 2 contract of such program.
(b) Statement of Policy.--With respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to foster a robust, innovative, and competitive commercial launch sector that supports the national interests of the United States and advances United States leadership in space.
______
SA 4167. Mr. BROWN (for himself and Mr. Scott of South Carolina) 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. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.
(a) Increase.--Funds authorized to be appropriated in Research, Development, Test, and Evaluation, Defense-wide, PE 0601228D8Z, section 4201, for Basic Research, Historically Black Colleges and Universities/Minority Institutions, Line 7, are hereby increased by $20,000,000.
(b) Offset.--Funding in section 4101 for Other Procurement, Army, for Automated Data Processing Equipment, Line 109, is hereby reduced by $20,000,000.
______
SA 4168. Mr. SCHATZ (for himself, Ms. Murkowski, 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 end, add the following:
DIVISION E--REAUTHORIZATION OF NATIVE AMERICAN HOUSING ASSISTANCE AND
SELF-DETERMINATION ACT OF 1996
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Native American Housing Assistance and Self-Determination Reauthorization Act of 2021''.
SEC. 5002. CONSOLIDATION OF ENVIRONMENTAL REVIEW
REQUIREMENTS.
Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection
(c)--
``(A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and
``(B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review.
``(B) Remedies and sanctions.--Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with--
``(i) the regulations issued pursuant to section 106; or
``(ii) such regulations as are issued by the other head.
``(C) Statutory violation waivers.--If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph
(1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency.''.
SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first sentence, by striking ``2009 through 2013'' and inserting ``2022 through 2032''.
SEC. 5004. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting ``including education-related stipends, college housing assistance, and other education-related assistance for low-income college students,'' after ``self-sufficiency and other services,''.
SEC. 5005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR
OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED
HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by inserting ``owned or operated by a recipient and'' after ``residing in a dwelling unit''.
SEC. 5006. PROGRAM REQUIREMENTS.
Section 203(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as amended by section 5) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Application of tribal policies.--Paragraph (3) shall not apply if--
``(A) the recipient has a written policy governing rents and homebuyer payments charged for dwelling units; and
``(B) that policy includes a provision governing maximum rents or homebuyer payments, including tenant protections.''; and
(4) in paragraph (3) (as so redesignated), by striking ``In the case of'' and inserting ``In the absence of a written policy governing rents and homebuyer payments, in the case of''.
SEC. 5007. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND
SERVICES.
Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking ``$5,000'' and inserting ``$10,000''.
SEC. 5008. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME
REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the end; and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting the following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home.''.
SEC. 5009. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the end the following:
``(c) Notice of Termination.--The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act.''.
SEC. 5010. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 5011. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN
EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended--
(1) in subparagraph (A), by striking ``may take an action described in paragraph (1)(C)'' and inserting ``may immediately take an action described in paragraph (1)(C)''; and
(2) by striking subparagraph (B) and inserting the following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action.
``(ii) Notice requirements.--The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice.
``(iii) Hearing requirements.--A hearing requested under clause (ii) shall be conducted--
``(I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and
``(II) to the maximum extent practicable, on an expedited basis.
``(iv) Failure to conduct a hearing.--If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective.''.
SEC. 5012. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and inserting ``Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a) shall be made publicly available, including to recipients.''.
SEC. 5013. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED
LANDS FOR HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and inserting ``99 years''.
SEC. 5014. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING
ACTIVITIES.
Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
(1) by striking ``The Director'' and inserting the following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act.''.
SEC. 5015. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP
PROVISIONS.
Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by striking ``such sums as may be necessary'' and all that follows through the period at the end and inserting ``such sums as may be necessary for each of fiscal years 2022 through 2032.''.
SEC. 5016. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities.
SEC. 5017. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.
Section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding at the end the following:
``(i) Indian Tribes and Tribally Designated Housing Entities as Community-based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally designated housing entity' has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1).''.
SEC. 5018. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING
COUNSELING GRANTS.
Section 106(a)(4) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the following: ``, Indian tribes, and tribally designated housing entities'';
(2) in subparagraph (B), by inserting ``, Indian tribes, and tribally designated housing entities'' after
``organizations)'';
(3) by redesignating subparagraph (F) as subparagraph (G); and
(4) by inserting after subparagraph (E) the following:
``(F) Definitions.--In this paragraph, the terms `Indian tribe' and `tribally designated housing entity' 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).''.
SEC. 5019. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184(b)(4) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) is amended--
(1) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;
(2) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(3) in subparagraph (A), as so designated, by adding at the end the following:
``(v) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and
(4) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default.
``(II) Fraud or misrepresentation.--If fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section.
``(ii) Requirements.--In conducting a review under clause
(i), the Secretary--
``(I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee;
``(II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and
``(I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)--
``(aa) based on a comparison of any of the factors set forth in this subparagraph; or
``(bb) by a determination that the mortgagee engaged in fraud or misrepresentation.''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first sentence the following: ``There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2022 through 2032.''; and
(2) in subparagraph (C), by striking ``2008 through 2012'' and inserting ``2022 through 2032''.
SEC. 5020. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (c)(4)(B)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following:
``(iv) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and
(2) in subsection (j)(5)(B), by inserting after the first sentence the following: ``There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2022 through 2032.''.
SEC. 5021. ASSISTANT SECRETARY FOR INDIAN HOUSING.
The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended--
(1) in section 4 (42 U.S.C. 3533)--
(A) in subsection (a)(1), by striking ``7'' and inserting
``8''; and
(B) in subsection (e)--
(i) by redesignating paragraph (2) as paragraph (4); and
(ii) by striking ``(e)(1)(A) There'' and all that follows through the end of paragraph (1) and inserting the following:
``(e)(1) There is established within the Department the Office of Native American Programs (in this subsection referred to as the `Office') to be headed by an Assistant Secretary for Native American Programs (in this subsection referred to as the `Assistant Secretary'), who shall be 1 of the Assistant Secretaries in subsection (a)(1).
``(2) The Assistant Secretary shall be responsible for--
``(A) administering, in coordination with the relevant office in the Department, the provision of housing assistance to Indian tribes or Indian housing authorities under each program of the Department that provides for such assistance;
``(B) administering the community development block grant program for Indian tribes under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and the provision of assistance to Indian tribes under such Act;
``(C) directing, coordinating, and assisting in managing any regional offices of the Department that administer Indian programs to the extent of such programs; and
``(D) coordinating all programs of the Department relating to Indian and Alaska Native housing and community development.
``(3) The Secretary shall include in the annual report under section 8 a description of the extent of the housing needs for Indian families and community development needs of Indian tribes in the United States and the activities of the Department, and extent of such activities, in meeting such needs.''; and
(2) in section 8 (42 U.S.C. 3536), by striking ``section 4(e)(2)'' and inserting ``section 4(e)(4)''.
SEC. 5022. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime'' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII of that Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.
(b) Establishment.--The Secretary may make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-related and violent crime.
(c) Eligible Activities.--Grants under this section may be used for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services;
(3) physical improvements which are specifically designed to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(B) to provide evidence relating to such crime in any administrative or judicial proceeding;
(5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), including drug-abuse prevention, intervention, referral, and treatment programs;
(7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and
(9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and
(B) such additional information as the Secretary may reasonably require.
(2) Criteria.--The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as--
(A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance;
(B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years;
(C) the capability of the applicant to carry out the plan; and
(D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of--
(A) the methodology used to distribute amounts made available under this section; and
(B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs.
(B) Description.--Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located.
(3) Enforcement.--The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include--
(A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph
(2);
(B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and
(C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)
(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal years 2022 through 2032 to carry out this section.
SEC. 5023. 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 by adding at the end the following:
``(E) 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 on Indian, Insular and Alaska Native Affairs 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.''.
SEC. 5024. LEVERAGING.
All funds provided under a grant made pursuant to this division or the amendments made by this division may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accordance with that Act.
______
SA 4169. Mr. BENNET (for himself 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 division A, add the following:
TITLE XVII--COLORADO OUTDOOR RECREATION
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Colorado Outdoor Recreation and Economy Act''.
SEC. 1702. DEFINITION OF STATE.
In this title, the term ``State'' means the State of Colorado.
Subtitle A--Continental Divide
SEC. 1711. DEFINITIONS.
In this subtitle:
(1) Covered area.--The term ``covered area'' means any area designated as wilderness by the amendments to section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) made by section 1712(a).
(2) Historic landscape.--The term ``Historic Landscape'' means the Camp Hale National Historic Landscape designated by section 1717(a).
(3) Recreation management area.--The term ``Recreation Management Area'' means the Tenmile Recreation Management Area designated by section 1714(a).
(4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.
(5) Wildlife conservation area.--The term ``Wildlife Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area designated by section 1715(a); and
(B) the Williams Fork Mountains Wildlife Conservation Area designated by section 1716(a).
SEC. 1712. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River National Forest that comprises approximately 6,896 acres, as generally depicted as `Proposed Ptarmigan Peak Wilderness Additions' on the map entitled `Proposed Ptarmigan Peak Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal land within the White River National Forest that comprises approximately 3,866 acres, as generally depicted as `Proposed Megan Dickie Wilderness Addition' on the map entitled `Holy Cross Wilderness Addition Proposal' and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Holy Cross Wilderness designated by section 102(a)(5) of Public Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land within the White River National Forest that comprises approximately 5,235 acres, as generally depicted as `Proposed Hoosier Ridge Wilderness' on the map entitled `Tenmile Proposal' and dated June 24, 2019, which shall be known as the `Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the White River National Forest that comprises approximately 7,624 acres, as generally depicted as `Proposed Tenmile Wilderness' on the map entitled `Tenmile Proposal' and dated June 24, 2019, which shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal land within the White River National Forest that comprises approximately 9,670 acres, as generally depicted as `Proposed Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek Wilderness Addition' on the map entitled `Eagles Nest Wilderness Additions Proposal' and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Eagles Nest Wilderness designated by Public Law 94-352 (90 Stat. 870).''.
(b) Applicable Law.--Any reference in the Wilderness Act
(16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any activity in a covered area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(e) Coordination.--For purposes of administering the Federal land designated as wilderness by paragraph (26) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by subsection
(a)(2)), the Secretary shall, as determined to be appropriate for the protection of watersheds, coordinate the activities of the Secretary in response to fires and flooding events with interested State and local agencies, including operations using aircraft or mechanized equipment.
SEC. 1713. WILLIAMS FORK MOUNTAINS WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River National Forest in the State, comprising approximately 8,036 acres, as generally depicted as
``Proposed Williams Fork Mountains Wilderness'' on the map entitled ``Williams Fork Mountains Proposal'' and dated June 24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except as provided in subsection (d), the potential wilderness area designated by subsection (a) shall be managed in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a determination regarding whether to authorize livestock grazing or other use by livestock on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a determination pursuant to paragraph (1), the Secretary may modify or combine the vacant allotments referred to in that paragraph.
(3) Permit or other authorization.--Not later than 1 year after the date on which a determination of the Secretary to authorize livestock grazing or other use by livestock is published under paragraph (1), if applicable, the Secretary shall grant a permit or other authorization for that livestock grazing or other use in accordance with applicable laws (including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing or other use by livestock on the potential wilderness area under subsection (c), the Secretary, or a third party authorized by the Secretary, may use any motorized or mechanized transport or equipment for purposes of constructing or rehabilitating such range improvements as are necessary to obtain appropriate livestock management objectives (including habitat and watershed restoration).
(2) Termination of authority.--The authority provided by this subsection terminates on the date that is 2 years after the date on which the Secretary publishes a positive determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated by subsection (a) shall be designated as wilderness, to be known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180 days after the date of enactment this Act; and
(B) on the earliest of--
(i) the date on which the Secretary publishes in the Federal Register a notice that the construction or rehabilitation of range improvements under subsection (d) is complete;
(ii) the date described in subsection (d)(2); and
(iii) the effective date of a determination of the Secretary not to authorize livestock grazing or other use by livestock under subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the Secretary shall manage the Williams Fork Mountains Wilderness in accordance with--
(A) the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77); and
(B) this subtitle.
SEC. 1714. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the approximately 17,122 acres of Federal land in the White River National Forest in the State, as generally depicted as
``Proposed Tenmile Recreation Management Area'' on the map entitled ``Tenmile Proposal'' and dated June 24, 2019, are designated as the ``Tenmile Recreation Management Area''.
(b) Purposes.--The purposes of the Recreation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, watershed, habitat, and ecological resources of the Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Recreation Management Area--
(A) in a manner that conserves, protects, and enhances--
(i) the purposes of the Recreation Management Area described in subsection (b); and
(ii) recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses of the Recreation Management Area as the Secretary determines would further the purposes described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided in clause (iii), the use of motorized vehicles in the Recreation Management Area shall be limited to the roads, vehicle classes, and periods authorized for motorized vehicle use on the date of enactment of this Act.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in the Recreation Management Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from--
(I) rerouting or closing an existing road or trail to protect natural resources from degradation, as the Secretary determines to be appropriate;
(II) authorizing the use of motorized vehicles for administrative purposes or roadside camping;
(III) constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects;
(IV) authorizing the use of motorized vehicles to carry out any activity described in subsection (d), (e)(1), or (f); or
(V) responding to an emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall be carried out in the Recreation Management Area for the purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Recreation Management Area, subject to such terms and conditions as the Secretary determines to be appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--Nothing in this section affects the construction, repair, reconstruction, replacement, operation, maintenance, or renovation within the Recreation Management Area of--
(A) water management infrastructure in existence on the date of enactment of this Act; or
(B) any future infrastructure necessary for the development or exercise of water rights decreed before the date of enactment of this Act.
(2) Applicable law.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Recreation Management Area.
(f) Regional Transportation Projects.--Nothing in this section precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Recreation Management Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the designation of the Federal land within the Recreation Management Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any permit held by a ski area or other entity; or
(2) the acceptance, review, or implementation of associated activities or facilities proposed or authorized by law or permit outside the boundaries of the Recreation Management Area.
SEC. 1715. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the approximately 8,287 acres of Federal land located in the White River National Forest, as generally depicted as
``Proposed Porcupine Gulch Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch Wildlife Conservation Area Proposal'' and dated June 24, 2019, are designated as the
``Porcupine Gulch Wildlife Conservation Area'' (referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are--
(1) to conserve and protect a wildlife migration corridor over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, and ecological resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife Conservation Area--
(A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b).
(B) Recreation.--The Secretary may permit such recreational activities in the Wildlife Conservation Area that the Secretary determines are consistent with the purposes described in subsection (b).
(C) Motorized vehicles and mechanized transport; new or temporary roads.--
(i) Motorized vehicles and mechanized transport.--Except as provided in clause
(iii), the use of motorized vehicles and mechanized transport in the Wildlife Conservation Area shall be prohibited.
(ii) New or temporary roads.--Except as provided in clause
(iii) and subsection (e), no new or temporary road shall be constructed within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from--
(I) authorizing the use of motorized vehicles or mechanized transport for administrative purposes;
(II) constructing temporary roads or permitting the use of motorized vehicles or mechanized transport to carry out pre- or post-fire watershed protection projects;
(III) authorizing the use of motorized vehicles or mechanized transport to carry out activities described in subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this section or section 1720(f) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the designation of the Federal land within the Wildlife Conservation Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) Water.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area.
SEC. 1716. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION
AREA.
(a) Designation.--Subject to valid existing rights, the approximately 3,528 acres of Federal land in the White River National Forest in the State, as generally depicted as
``Proposed Williams Fork Mountains Wildlife Conservation Area'' on the map entitled ``Williams Fork Mountains Proposal'' and dated June 24, 2019, are designated as the
``Williams Fork Mountains Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, recreational, and ecological resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife Conservation Area--
(A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in clause (iii), the use of motorized vehicles in the Wildlife Conservation Area shall be limited to designated roads and trails.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from--
(I) authorizing the use of motorized vehicles for administrative purposes;
(II) authorizing the use of motorized vehicles to carry out activities described in subsection (d); or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife Conservation Area shall be limited to designated roads and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.
(E) Grazing.--The laws (including regulations) and policies followed by the Secretary in issuing and administering grazing permits or leases on land under the jurisdiction of the Secretary shall continue to apply with regard to the land in the Wildlife Conservation Area, consistent with the purposes described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this section or section 1720(f) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
(f) Water.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area.
SEC. 1717. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the approximately 28,676 acres of Federal land in the White River National Forest in the State, as generally depicted as
``Proposed Camp Hale National Historic Landscape'' on the map entitled ``Camp Hale National Historic Landscape Proposal'' and dated June 24, 2019, are designated the ``Camp Hale National Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history;
(B) the historic preservation of the Historic Landscape, consistent with--
(i) the designation of the Historic Landscape as a national historic site; and
(ii) the other purposes of the Historic Landscape;
(C) recreational opportunities, with an emphasis on the activities related to the historic use of the Historic Landscape, including skiing, snowshoeing, snowmobiling, hiking, horseback riding, climbing, other road- and trail-based activities, and other outdoor activities; and
(D) the continued environmental remediation and removal of unexploded ordnance at the Camp Hale Formerly Used Defense Site and the Camp Hale historic cantonment area; and
(2) to conserve, protect, restore, and enhance for the benefit and enjoyment of present and future generations the scenic, watershed, and ecological resources of the Historic Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the Historic Landscape in accordance with--
(A) the purposes of the Historic Landscape described in subsection (b); and
(B) any other applicable laws (including regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare a management plan for the Historic Landscape.
(B) Contents.--The management plan prepared under subparagraph (A) shall include plans for--
(i) improving the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history;
(ii) conducting historic preservation and veteran outreach and engagement activities;
(iii) managing recreational opportunities, including the use and stewardship of--
(I) the road and trail systems; and
(II) dispersed recreation resources;
(iv) the conservation, protection, restoration, or enhancement of the scenic, watershed, and ecological resources of the Historic Landscape, including--
(I) conducting the restoration and enhancement project under subsection (d);
(II) forest fuels, wildfire, and mitigation management; and
(III) watershed health and protection;
(v) environmental remediation and, consistent with subsection (e)(2), the removal of unexploded ordnance; and
(vi) managing the Historic Landscape in accordance with subsection (g).
(3) Explosive hazards.--The Secretary shall provide to the Secretary of the Army a notification of any unexploded ordnance (as defined in section 101(e) of title 10, United States Code) that is discovered in the Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a restoration and enhancement project in the Historic Landscape--
(A) to improve aquatic, riparian, and wetland conditions in and along the Eagle River and tributaries of the Eagle River;
(B) to maintain or improve recreation and interpretive opportunities and facilities; and
(C) to conserve historic values in the Camp Hale area.
(2) Coordination.--In carrying out the project described in paragraph (1), the Secretary shall coordinate with, and provide the opportunity to collaborate on the project to--
(A) the Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters Collaborative Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health and Environment;
(E) the Colorado State Historic Preservation Office;
(F) the Colorado Department of Natural Resources;
(G) units of local government; and
(H) other interested organizations and members of the public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall continue to carry out the projects and activities of the Department of the Army in existence on the date of enactment of this Act relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site; or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army may remove unexploded ordnance (as defined in section 101(e) of title 10, United States Code) from the Historic Landscape, as the Secretary of the Army determines to be appropriate in accordance with applicable law (including regulations).
(B) Action on receipt of notice.--On receipt from the Secretary of a notification of unexploded ordnance under subsection (c)(3), the Secretary of the Army may remove the unexploded ordnance in accordance with--
(i) the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;
(ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(iii) any other applicable provision of law (including regulations).
(3) Effect of subsection.--Nothing in this subsection modifies any obligation in existence on the date of enactment of this Act relating to environmental remediation or removal of any unexploded ordnance located in or around the Camp Hale historic cantonment area, the Camp Hale Formerly Used Defense Site, or the Historic Landscape, including such an obligation under--
(A) the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;
(B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(C) any other applicable provision of law (including regulations).
(f) Interagency Agreement.--The Secretary and the Secretary of the Army shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating to the management of the Historic Landscape; and
(B) the activities of the Secretary of the Army relating to environmental remediation and the removal of unexploded ordnance in accordance with subsection (e) and other applicable laws (including regulations); and
(2) to require the Secretary to provide to the Secretary of the Army, by not later than 1 year after the date of enactment of this Act and periodically thereafter, as appropriate, a management plan for the Historic Landscape for purposes of the removal activities described in subsection
(e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any water law, water right, or adjudication or administration relating to any water resource;
(2) affects any water right in existence on the date of enactment of this Act, or the exercise of such a water right, including--
(A) a water right subject to an interstate water compact
(including full development of any apportionment made in accordance with such a compact);
(B) a water right decreed within, above, below, or through the Historic Landscape;
(C) a change, exchange, plan for augmentation, or other water decree with respect to a water right, including a conditional water right, in existence on the date of enactment of this Act--
(i) that is consistent with the purposes described in subsection (b); and
(ii) that does not result in diversion of a greater flow rate or volume of water for such a water right in existence on the date of enactment of this Act;
(D) a water right held by the United States;
(E) the management or operation of any reservoir, including the storage, management, release, or transportation of water; and
(F) the construction or operation of such infrastructure as is determined to be necessary by an individual or entity holding water rights to develop and place to beneficial use those rights, subject to applicable Federal, State, and local law (including regulations);
(3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right;
(4) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed by a ski area permit; or
(C) the authority of the Secretary to modify or expand an existing ski area permit;
(5) prevents the Secretary from closing portions of the Historic Landscape for public safety, environmental remediation, or other use in accordance with applicable laws; or
(6) affects--
(A) any special use permit in effect on the date of enactment of this Act; or
(B) the renewal of a permit described in subparagraph (A).
(h) Funding.--
(1) In general.--There is established in the general fund of the Treasury a special account, to be known as the ``Camp Hale Historic Preservation and Restoration Fund''.
(2) Authorization of appropriations.--There is authorized to be appropriated to the Camp Hale Historic Preservation and Restoration Fund $10,000,000, to be available to the Secretary until expended, for activities relating to historic interpretation, preservation, and restoration carried out in and around the Historic Landscape.
(i) Designation of Overlook.--The interpretive site located beside United States Route 24 in the State, at 39.431N 106.323W, is designated as the ``Sandy Treat Overlook''.
SEC. 1718. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National Forest is modified to include the approximately 120 acres comprised of the SW\1/4\, the SE\1/4\, and the NE\1/4\ of the SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of section 200306 of title 54, United States Code, the boundaries of the White River National Forest, as modified by subsection (a), shall be considered to be the boundaries of the White River National Forest as in existence on January 1, 1965.
SEC. 1719. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS
BOUNDARY ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for the ongoing maintenance and use of portions of the Trail River Ranch and the associated property located within Rocky Mountain National Park in Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential Wilderness is modified to exclude the area comprising approximately 15.5 acres of land identified as `Potential Wilderness to Non-wilderness' on the map entitled `Rocky Mountain National Park Proposed Wilderness Area Amendment' and dated January 16, 2018.''.
SEC. 1720. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this subtitle affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this subtitle or an amendment made by this subtitle establishes a protective perimeter or buffer zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness area designated by section 1713;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
(E) the Historic Landscape.
(2) Outside activities.--The fact that a nonwilderness activity or use on land outside of an area described in paragraph (1) can be seen or heard from within the applicable area described in paragraph (1) shall not preclude the activity or use outside the boundary of the applicable area described in paragraph (1).
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this subtitle affects the treaty rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and conditions that the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the areas described in subsection
(b)(1) by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of each area described in subsection
(b)(1) with--
(A) the Committee on Natural Resources of the House of Representatives; and
(B) the Committee on Energy and Natural Resources of the Senate.
(2) Force of law.--Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or interest in land within the boundaries of an area described in subsection (b)(1) only through exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness area, Recreation Management Area, Wildlife Conservation Area, or Historic Landscape, as applicable, in which the land or interest in land is located.
(f) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the areas described in subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(g) Military Overflights.--Nothing in this subtitle or an amendment made by this subtitle restricts or precludes--
(1) any low-level overflight of military aircraft over any area subject to this subtitle or an amendment made by this subtitle, including military overflights that can be seen, heard, or detected within such an area;
(2) flight testing or evaluation over an area described in paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an area described in paragraph (1); or
(B) any military flight training or transportation over such an area.
(h) Sense of Congress.--It is the sense of Congress that military aviation training on Federal public land in the State, including the training conducted at the High-Altitude Army National Guard Aviation Training Site, is critical to the national security of the United States and the readiness of the Armed Forces.
Subtitle B--San Juan Mountains
SEC. 1731. DEFINITIONS.
In this subtitle:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 1732); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.
(3) Special management area.--The term ``Special Management Area'' means each of--
(A) the Sheep Mountain Special Management Area designated by section 1733(a)(1); and
(B) the Liberty Bell East Special Management Area designated by section 1733(a)(2).
SEC. 1732. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as amended by section 1712(a)(2)) is amended by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,141 acres, as generally depicted on the map entitled `Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 7,235 acres, as generally depicted on the map entitled `Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 12,465 acres, as generally depicted on the map entitled `Proposed Whitehouse Additions to the Mt. Sneffels Wilderness' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in the State of Colorado comprising approximately 8,884 acres of Bureau of Land Management land, as generally depicted on the map entitled `Proposed McKenna Peak Wilderness Area' and dated September 18, 2018, to be known as the `McKenna Peak Wilderness'.''.
SEC. 1733. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests in the State comprising approximately 21,663 acres, as generally depicted on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated September 19, 2018, is designated as the ``Sheep Mountain Special Management Area''.
(2) Liberty bell east special management area.--The Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests in the State comprising approximately 792 acres, as generally depicted on the map entitled ``Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area'' and dated September 6, 2018, is designated as the ``Liberty Bell East Special Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special Management Areas in a manner that--
(A) conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b);
(B) subject to paragraph (3), maintains or improves the wilderness character of the Special Management Areas and the suitability of the Special Management Areas for potential inclusion in the National Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum requirements for the administration of the Federal land, to provide access for abandoned mine cleanup, and to protect public health and safety--
(i) the use of motor vehicles, motorized equipment, or mechanical transport (other than as provided in paragraph
(3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any activities
(including helicopter access for recreation and maintenance and the competitive running event permitted since 1992) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Areas, subject to such terms and conditions as the Secretary may require.
(B) Permitting.--The designation of the Special Management Areas by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph
(A) after the date of enactment of this Act.
(C) Bicycles.--The Secretary may permit the use of bicycles in--
(i) the portion of the Sheep Mountain Special Management Area identified as ``Ophir Valley Area'' on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated September 19, 2018; and
(ii) the portion of the Liberty Bell East Special Management Area identified as ``Liberty Bell Corridor'' on the map entitled ``Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area'' and dated September 6, 2018.
(d) Applicable Law.--Water and water rights in the Special Management Areas shall be administered in accordance with section 8 of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762), except that, for purposes of this subtitle--
(1) any reference contained in that section to ``the lands designated as wilderness by this Act'', ``the Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area identified in sections 5 and 6 of this Act'', or ``the areas described in sections 2, 5, 6, and 9 of this Act'' shall be considered to be a reference to ``the Special Management Areas''; and
(2) any reference contained in that section to ``this Act'' shall be considered to be a reference to ``the Colorado Outdoor Recreation and Economy Act''.
SEC. 1734. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6) the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez Canyon Wilderness Study Area not designated as wilderness by this subtitle have been adequately studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection
(a) that is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
``(2) shall be managed in accordance with this subtitle and any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak Wilderness Study Area in San Miguel County in the State not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 1732) have been adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1) that is not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 1732)--
(A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable laws.
SEC. 1735. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this subtitle affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this subtitle establishes a protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the activity or use outside the boundary of the covered land.
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this subtitle affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 1732) and the Special Management Areas with--
(A) the Committee on Natural Resources of the House of Representatives; and
(B) the Committee on Energy and Natural Resources of the Senate.
(2) Force of law.--Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary or the Secretary of the Interior, as appropriate, may correct any typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of a Special Management Area or the wilderness designated under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 1732) only through exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located.
(f) Grazing.--The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary with jurisdiction over the covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(g) Fire, Insects, and Diseases.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary with jurisdiction over a wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 1732) may carry out any activity in the wilderness area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate.
(h) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the covered land and the approximately 6,590 acres generally depicted on the map entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' and dated September 6, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Subtitle C--Thompson Divide
SEC. 1741. PURPOSES.
The purposes of this subtitle are--
(1) subject to valid existing rights, to withdraw certain Federal land in the Thompson Divide area from mineral and other disposal laws in order to protect the agricultural, ranching, wildlife, air quality, recreation, ecological, and scenic values of the area; and
(2) to promote the capture of fugitive methane emissions that would otherwise be emitted into the atmosphere--
(A) to reduce methane gas emissions; and
(B) to provide--
(i) new renewable electricity supplies and other beneficial uses of fugitive methane emissions; and
(ii) increased royalties for taxpayers.
SEC. 1742. DEFINITIONS.
In this subtitle:
(1) Fugitive methane emissions.--The term ``fugitive methane emissions'' means methane gas from the Federal land in Garfield, Gunnison, Delta, or Pitkin County in the State, as generally depicted on the pilot program map as ``Fugitive Coal Mine Methane Use Pilot Program Area'', that would leak or be vented into the atmosphere from an active, inactive, or abandoned underground coal mine.
(2) Pilot program.--The term ``pilot program'' means the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program established by section 1745(a)(1).
(3) Pilot program map.--The term ``pilot program map'' means the map entitled ``Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program Area'' and dated June 17, 2019.
(4) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease'' means any oil or gas lease in effect on the date of enactment of this Act within the Thompson Divide Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide lease'' does not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage Field development right; or
(ii) before the date of enactment of this Act, has expired, been cancelled, or otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide map'' means the map entitled ``Greater Thompson Divide Area Map'' and dated June 13, 2019.
(7) Thompson divide withdrawal and protection area.--The term ``Thompson Divide Withdrawal and Protection Area'' means the Federal land and minerals generally depicted on the Thompson Divide map as the ``Thompson Divide Withdrawal and Protection Area''.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage Field development right'' means a development right for any of the Federal mineral leases numbered COC 007496, COC 007497, COC 007498, COC 007499, COC 007500, COC 007538, COC 008128, COC 015373, COC 0128018, COC 051645, and COC 051646, as generally depicted on the Thompson Divide map as ``Wolf Creek Storage Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage Field development right'' does not include any storage right or related activity within the area described in subparagraph
(A).
SEC. 1743. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the Thompson Divide Withdrawal and Protection Area is withdrawn from--
(1) entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture.
(c) Grazing.--Nothing in this title affects the administration of grazing in the Thompson Divide Withdrawal and Protection Area.
SEC. 1744. THOMPSON DIVIDE LEASE EXCHANGE.
(a) In General.--In exchange for the relinquishment by a leaseholder of all Thompson Divide leases of the leaseholder, the Secretary may issue to the leaseholder credits for any bid, royalty, or rental payment due under any Federal oil or gas lease on Federal land in the State, in accordance with subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of the credits issued to a leaseholder of a Thompson Divide lease relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for the applicable Thompson Divide leases;
(ii) the amount of any rental paid for the applicable Thompson Divide leases as of the date on which the leaseholder submits to the Secretary a notice of the decision to relinquish the applicable Thompson Divide leases; and
(iii) the amount of any expenses incurred by the leaseholder of the applicable Thompson Divide leases in the preparation of any drilling permit, sundry notice, or other related submission in support of the development of the applicable Thompson Divide leases as of January 28, 2019, including any expenses relating to the preparation of any analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under subsection (a) shall not include any expenses paid by the leaseholder of a Thompson Divide lease for legal fees or related expenses for legal work with respect to a Thompson Divide lease.
(c) Cancellation.--Effective on relinquishment under this section, and without any additional action by the Secretary, a Thompson Divide lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this section, each exchange under this section shall be conducted in accordance with--
(A) this title; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept credits issued under subsection (a) in the same manner as cash for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under subsection (a) shall be subject to the laws (including regulations) applicable to the payments described in that subsection, to the extent that the laws are consistent with this section.
(4) Treatment of credits.--All amounts in the form of credits issued under subsection (a) accepted by the Secretary shall be considered to be amounts received for the purposes of--
(A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); and
(B) section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to the relinquishment of a Thompson Divide lease, any leaseholder with a Wolf Creek Storage Field development right shall permanently relinquish, transfer, and otherwise convey to the Secretary, in a form acceptable to the Secretary, all Wolf Creek Storage Field development rights of the leaseholder.
(2) Limitation of transfer.--An interest acquired by the Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral extraction.
SEC. 1745. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE
USE PILOT PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of Land Management a pilot program, to be known as the ``Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''.
(2) Purpose.--The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to produce bid and royalty revenues;
(D) to improve air quality; and
(E) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan--
(i) to complete an inventory of fugitive methane emissions in accordance with subsection (b);
(ii) to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and
(iii) to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d).
(B) Coordination.--In developing the plan under this paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin Counties in the State;
(iii) lessees of Federal coal within the counties referred to in clause (ii);
(iv) interested institutions of higher education in the State; and
(v) interested members of the public.
(b) Fugitive Methane Emission Inventory.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete an inventory of fugitive methane emissions.
(2) Conduct.--The Secretary may conduct the inventory under paragraph (1) through, or in collaboration with--
(A) the Bureau of Land Management;
(B) the United States Geological Survey;
(C) the Environmental Protection Agency;
(D) the United States Forest Service;
(E) State departments or agencies;
(F) Garfield, Gunnison, Delta, or Pitkin County in the State;
(G) the Garfield County Federal Mineral Lease District;
(H) institutions of higher education in the State;
(I) lessees of Federal coal within a county referred to in subparagraph (F);
(J) the National Oceanic and Atmospheric Administration;
(K) the National Center for Atmospheric Research; or
(L) other interested entities, including members of the public.
(3) Contents.--The inventory under paragraph (1) shall include--
(A) the general location and geographic coordinates of each vent, seep, or other source producing significant fugitive methane emissions;
(B) an estimate of the volume and concentration of fugitive methane emissions from each source of significant fugitive methane emissions, including details of measurements taken and the basis for that emissions estimate;
(C) an estimate of the total volume of fugitive methane emissions each year;
(D) relevant data and other information available from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health Administration;
(iii) the Colorado Department of Natural Resources;
(iv) the Colorado Public Utility Commission;
(v) the Colorado Department of Health and Environment; and
(vi) the Office of Surface Mining Reclamation and Enforcement; and
(E) such other information as may be useful in advancing the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall provide opportunities for public participation in the inventory under this subsection.
(B) Availability.--The Secretary shall make the inventory under this subsection publicly available.
(C) Disclosure.--Nothing in this subsection requires the Secretary to publicly release information that--
(i) poses a threat to public safety;
(ii) is confidential business information; or
(iii) is otherwise protected from public disclosure.
(5) Use.--The Secretary shall use the inventory in carrying out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane emissions under subsection (d).
(c) Fugitive Methane Emission Leasing Program.--
(1) In general.--Subject to valid existing rights and in accordance with this section, not later than 1 year after the date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to lease.--
(A) In general.--The Secretary shall authorize the holder of a valid existing Federal coal lease for a mine that is producing fugitive methane emissions to capture for use, or destroy by flaring, the fugitive methane emissions.
(B) Conditions.--The authority under subparagraph (A) shall be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the Secretary may require.
(C) Limitations.--The program carried out under paragraph
(1) shall only include fugitive methane emissions that can be captured for use, or destroyed by flaring, in a manner that does not--
(i) endanger the safety of any coal mine worker; or
(ii) unreasonably interfere with any ongoing operation at a coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work cooperatively with the holders of valid existing Federal coal leases for mines that produce fugitive methane emissions to encourage--
(I) the capture of fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material; or
(II) if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions by flaring.
(ii) Guidance.--In furtherance of the purposes of this paragraph, not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of Federal authorities and programs to encourage the capture for use, or destruction by flaring, of fugitive methane emissions, while minimizing impacts on natural resources or other public interest values.
(E) Royalties.--The Secretary shall determine whether any fugitive methane emissions used or destroyed pursuant to this paragraph are subject to the payment of a royalty under applicable law.
(3) Fugitive methane emissions from abandoned coal mines.--
(A) In general.--Except as otherwise provided in this section, notwithstanding section 1743, subject to valid existing rights, and in accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, the Secretary shall--
(i) authorize the capture for use, or destruction by flaring, of fugitive methane emissions from abandoned coal mines on Federal land; and
(ii) make available for leasing such fugitive methane emissions from abandoned coal mines on Federal land as the Secretary considers to be in the public interest.
(B) Source.--To the maximum extent practicable, the Secretary shall offer for lease each significant vent, seep, or other source of fugitive methane emissions from abandoned coal mines.
(C) Bid qualifications.--A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends--
(i) to capture the fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material;
(ii) to destroy the fugitive methane emissions by flaring; or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane emissions for beneficial use; and
(II) destroying the fugitive methane emission by flaring.
(D) Priority.--
(i) In general.--If there is more than 1 qualified bid for a lease under this paragraph, the Secretary shall select the bid that the Secretary determines is likely to most significantly advance the public interest.
(ii) Considerations.--In determining the public interest under clause (i), the Secretary shall take into consideration--
(I) the size of the overall decrease in the time-integrated radiative forcing of the fugitive methane emissions;
(II) the impacts to other natural resource values, including wildlife, water, and air; and
(III) other public interest values, including scenic, economic, recreation, and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph.
(ii) Due diligence.--The lease form developed under clause
(i) shall include terms and conditions requiring the leased fugitive methane emissions to be put to beneficial use or flared by not later than 1 year after the date of issuance of the lease.
(F) Royalty rate.--The Secretary shall develop a minimum bid and royalty rate for leases under this paragraph to advance the purposes of this section, to the maximum extent practicable.
(d) Sequestration.--If, by not later than 4 years after the date of enactment of this Act, any significant fugitive methane emissions from abandoned coal mines on Federal land are not leased under subsection (c)(3), the Secretary shall, in accordance with applicable law, take all reasonable measures--
(1) to cap those fugitive methane emissions at the source in any case in which the cap will result in the long-term sequestration of all or a significant portion of the fugitive methane emissions; or
(2) if sequestration under paragraph (1) is not feasible, destroy the fugitive methane emissions by flaring.
(e) Report to Congress.--Not later than 4 years after the date of enactment of this Act the Secretary shall 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 detailing--
(1) the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and
(2) any recommendations of the Secretary on whether the pilot program could be expanded geographically to include other significant sources of fugitive methane emissions from coal mines.
SEC. 1746. EFFECT.
Except as expressly provided in this subtitle, nothing in this subtitle--
(1) expands, diminishes, or impairs any valid existing mineral leases, mineral interest, or other property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, interests, rights, or land in accordance with applicable Federal, State, and local laws (including regulations);
(2) prevents the capture of methane from any active, inactive, or abandoned coal mine covered by this subtitle, in accordance with applicable laws; or
(3) prevents access to, or the development of, any new or existing coal mine or lease in Delta or Gunnison County in the State.
Subtitle D--Curecanti National Recreation Area
SEC. 1751. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'', numbered 616/100,485C, and dated August 11, 2016.
(2) National recreation area.--The term ``National Recreation Area'' means the Curecanti National Recreation Area established by section 1752(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
SEC. 1752. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the date on which the Secretary approves a request under subsection (c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Curecanti National Recreation Area, in accordance with this title, consisting of approximately 50,667 acres of land in the State, as generally depicted on the map as ``Curecanti National Recreation Area Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the National Recreation Area in accordance with--
(A) this subtitle; and
(B) the laws (including regulations) generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code.
(2) Dam, power plant, and reservoir management and operations.--
(A) In general.--Nothing in this subtitle affects or interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley Reclamation Project under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project under the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.); or
(iii) under the Federal Water Project Recreation Act (16 U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain administrative jurisdiction.--If, before the date that is 1 year after the date of enactment of this Act, the Commissioner of Reclamation submits to the Secretary a request for the Commissioner of Reclamation to retain administrative jurisdiction over the minimum quantity of land within the land identified on the map as ``Lands withdrawn or acquired for Bureau of Reclamation projects'' that the Commissioner of Reclamation identifies as necessary for the effective operation of Bureau of Reclamation water facilities, the Secretary may--
(I) approve, approve with modifications, or disapprove the request; and
(II) if the request is approved under subclause (I), make any modifications to the map that are necessary to reflect that the Commissioner of Reclamation retains management authority over the minimum quantity of land required to fulfill the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative jurisdiction over the land identified on the map as ``Lands withdrawn or acquired for Bureau of Reclamation projects'', as modified pursuant to clause (i)(II), if applicable, shall be transferred from the Commissioner of Reclamation to the Director of the National Park Service by not later than the date that is 1 year after the date of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject to item (bb), the Commissioner of Reclamation shall retain access to the land transferred to the Director of the National Park Service under subclause (I) for reclamation purposes, including for the operation, maintenance, and expansion or replacement of facilities.
(bb) Memorandum of understanding.--The terms of the access authorized under item (aa) shall be determined by a memorandum of understanding entered into between the Commissioner of Reclamation and the Director of the National Park Service not later than 1 year after the date of enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into management agreements, or modify management agreements in existence on the date of enactment of this Act, relating to the authority of the Director of the National Park Service, the Commissioner of Reclamation, the Director of the Bureau of Land Management, or the Chief of the Forest Service to manage Federal land within or adjacent to the boundary of the National Recreation Area.
(B) State land.--The Secretary may enter into cooperative management agreements for any land administered by the State that is within or adjacent to the National Recreation Area, in accordance with the cooperative management authority under section 101703 of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in subparagraph (B), the Secretary shall allow boating, boating-related activities, hunting, and fishing in the National Recreation Area in accordance with applicable Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting through the Superintendent of the National Recreation Area, may designate zones in which, and establish periods during which, no boating, hunting, or fishing shall be permitted in the National Recreation Area under subparagraph (A) for reasons of public safety, administration, or compliance with applicable laws.
(ii) Consultation required.--Except in the case of an emergency, any closure proposed by the Secretary under clause
(i) shall not take effect until after the date on which the Superintendent of the National Recreation Area consults with--
(I) the appropriate State agency responsible for hunting and fishing activities; and
(II) the Board of County Commissioners in each county in which the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an individual that owns private land located not more than 3 miles from the boundary of the National Recreation Area, the Secretary may work in partnership with the individual to enhance the long-term conservation of natural, cultural, recreational, and scenic resources in and around the National Recreation Area--
(A) by acquiring all or a portion of the private land or interests in private land located not more than 3 miles from the boundary of the National Recreation Area by purchase, exchange, or donation, in accordance with section 1753;
(B) by providing technical assistance to the individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement opportunities.
(6) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, all Federal land within the National Recreation Area is withdrawn from--
(A) entry, appropriation, and disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(7) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired under this subtitle is subject to a State grazing lease in effect on the date of acquisition, the Secretary shall allow the grazing to continue for the remainder of the term of the lease, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements.
(ii) Access.--A lessee of State land may continue to use established routes within the National Recreation Area to access State land for purposes of administering the lease if the use was permitted before the date of enactment of this Act, subject to such terms and conditions as the Secretary may require.
(B) State and private land.--The Secretary may, in accordance with applicable laws, authorize grazing on land acquired from the State or private landowners under section 1753, if grazing was established before the date of acquisition.
(C) Private land.--On private land acquired under section 1753 for the National Recreation Area on which authorized grazing is occurring before the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation and renewal of grazing on the land based on the terms of acquisition or by agreement between the Secretary and the lessee, subject to applicable law
(including regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing leases, uses, and practices in effect as of the date of enactment of this Act, the continuation and renewal of grazing on Federal land located within the boundary of the National Recreation Area on which grazing is allowed before the date of enactment of this Act, unless the Secretary determines that grazing on the Federal land would present unacceptable impacts (as defined in section 1.4.7.1 of the National Park Service document entitled ``Management Policies 2006: The Guide to Managing the National Park System'') to the natural, cultural, recreational, and scenic resource values and the character of the land within the National Recreation Area; and
(ii) retain all authorities to manage grazing in the National Recreation Area.
(E) Termination of leases.--Within the National Recreation Area, the Secretary may--
(i) accept the voluntary termination of a lease or permit for grazing; or
(ii) in the case of a lease or permit vacated for a period of 3 or more years, terminate the lease or permit.
(8) Water rights.--Nothing in this subtitle--
(A) affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water;
(B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;
(C) affects any interstate water compact in existence on the date of enactment of this Act;
(D) shall be considered to be a relinquishment or reduction of any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act; or
(E) constitutes an express or implied Federal reservation of any water or water rights with respect to the National Recreation Area.
(9) Fishing easements.--
(A) In general.--Nothing in this subtitle diminishes or alters the fish and wildlife program for the Aspinall Unit developed under section 8 of the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project Act'') (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the United States Fish and Wildlife Service, the Bureau of Reclamation, and the Colorado Division of Wildlife (including any successor in interest to that division) that provides for the acquisition of public access fishing easements as mitigation for the Aspinall Unit (referred to in this paragraph as the ``program'').
(B) Acquisition of fishing easements.--The Secretary shall continue to fulfill the obligation of the Secretary under the program to acquire 26 miles of class 1 public fishing easements to provide to sportsmen access for fishing within the Upper Gunnison Basin upstream of the Aspinall Unit, subject to the condition that no existing fishing access downstream of the Aspinall Unit shall be counted toward the minimum mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a plan for fulfilling the obligation of the Secretary described in subparagraph (B) by the date that is 10 years after the date of enactment of this Act.
(D) Reports.--Not later than each of 2 years, 5 years, and 8 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the progress made in fulfilling the obligation of the Secretary described in subparagraph (B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this subtitle affects the treaty rights of any Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the National Recreation Area by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
SEC. 1753. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or interest in land within the boundary of the National Recreation Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land described in paragraph (1) may be acquired under this subsection by--
(i) donation;
(ii) purchase from willing sellers with donated or appropriated funds;
(iii) transfer from another Federal agency; or
(iv) exchange.
(B) State land.--Land or interests in land owned by the State or a political subdivision of the State may only be acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over the approximately 2,560 acres of land identified on the map as
``U.S. Forest Service proposed transfer to the National Park Service'' is transferred to the Secretary, to be administered by the Director of the National Park Service as part of the National Recreation Area.
(B) Boundary adjustment.--The boundary of the Gunnison National Forest shall be adjusted to exclude the land transferred to the Secretary under subparagraph (A).
(2) Bureau of land management land.--Administrative jurisdiction over the approximately 5,040 acres of land identified on the map as ``Bureau of Land Management proposed transfer to National Park Service'' is transferred from the Director of the Bureau of Land Management to the Director of the National Park Service, to be administered as part of the National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land identified on the map as ``Proposed for transfer to the Bureau of Land Management, subject to the revocation of Bureau of Reclamation withdrawal'' shall be transferred to the Director of the Bureau of Land Management on relinquishment of the land by the Bureau of Reclamation and revocation by the Bureau of Land Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of the land identified on the map as ``Potential exchange lands'' shall be relinquished by the Commissioner of Reclamation and revoked by the Director of the Bureau of Land Management and the land shall be transferred to the National Park Service.
(2) Exchange; inclusion in national recreation area.--On transfer of the land described in paragraph (1), the transferred land--
(A) may be exchanged by the Secretary for private land described in section 1752(c)(5)--
(i) subject to a conservation easement remaining on the transferred land, to protect the scenic resources of the transferred land; and
(ii) in accordance with the laws (including regulations) and policies governing National Park Service land exchanges; and
(B) if not exchanged under subparagraph (A), shall be added to, and managed as a part of, the National Recreation Area.
(d) Addition to National Recreation Area.--Any land within the boundary of the National Recreation Area that is acquired by the United States shall be added to, and managed as a part of, the National Recreation Area.
SEC. 1754. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made available to carry out this subtitle, the Director of the National Park Service, in consultation with the Commissioner of Reclamation, shall prepare a general management plan for the National Recreation Area in accordance with section 100502 of title 54, United States Code.
SEC. 1755. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National Park Service) shall prepare a boundary survey and legal description of the National Recreation Area.
______
SA 4170. 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 E of title XII, add the following:
SEC. 1253. COUNTERING CHINA'S PROLIFERATION OF BALLISTIC
MISSILES AND NUCLEAR TECHNOLOGY TO THE MIDDLE-
EAST.
(a) MTCR Transfers.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a written determination, and any documentation to support that determination detailing--
(1) whether any foreign person in China knowingly exported, transferred, or engaged in trade of any item designated under Category I of the MTCR Annex to any foreign person in the previous three fiscal years; and
(2) the sanctions the President has imposed or intends to impose pursuant to section 11B(b) of the Export Administration Act of 1979 (50 U.S.C. 4612(b)) against any foreign person who knowingly engaged in the export, transfer, or trade of that item or items.
(b) China's Nuclear Fuel Cycle Cooperation.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report detailing--
(1) whether any foreign person in China engaged in cooperation with any other foreign person in the previous three fiscal years in the construction of any nuclear-related fuel cycle facility or activity that has not been notified to the IAEA and would be subject to complementary access if an Additional Protocol was in force; and
(2) the policy options required to prevent and respond to any future effort by China to export to any foreign person an item classified as ``plants for the separation of isotopes of uranium'' or ``plants for the reprocessing of irradiated nuclear reactor fuel elements'' under Part 110 of the Nuclear Regulatory Commission export licensing authority.
(c) Form of Report.--The determination required under subsection (a) and the report required under subsection (b) shall be unclassified with a classified annex.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the House of Representative; and
(D) the Committee on Foreign Affairs of the House of Representatives.
(2) Foreign person; person.--The terms ``foreign person'' and ``person'' mean--
(A) a natural person that is an alien;
(B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country;
(C) any foreign governmental entity operating as a business enterprise; and
(D) any successor, subunit, or subsidiary of any entity described in subparagraph (B) or (C).
______
SA 4171. 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 C of title XV, add the following:
SEC. 1548. LIMITATION ON USE OF FUNDS FOR GROUND-BASED
STRATEGIC DETERRENT PROGRAM AND W87-1 WARHEAD
MODIFICATION PROGRAM.
(a) Findings.--Congress finds the following:
(1) According to the Congressional Budget Office, the projected cost to sustain and modernize the United States nuclear arsenal, as of 2017, ``is $1.2 trillion in 2017 dollars over the 2017-2046 period: more than $800 billion to operate and sustain (that is, incrementally upgrade) nuclear forces and about $400 billion to modernize them''. With inflation, the cost rises to $1,700,000,000,000 and does not include the cost of the additional nuclear capabilities proposed in the 2018 Nuclear Posture Review.
(2) Maintaining and updating the current Minuteman III intercontinental ballistic missiles is possible for multiple decades and, according to the Congressional Budget Office, through 2036, this would cost $37,000,000,000 less in 2017 dollars than developing and deploying the ground-based strategic deterrent program.
(3) A public opinion poll conducted from October 12 to 28, 2020, by ReThink Media and the Federation of American Scientists found that only 26 percent of registered voters in the United States preferred replacing the Minuteman III intercontinental ballistic missile with the ground-based strategic deterrent, as compared to 60 percent of registered voters who opposed replacing the Minuteman III missile.
(b) Limitation on Use of Funds.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 may be obligated or expended for the ground-based strategic deterrent program or the W87-1 warhead modification program until the later of--
(1) the date on which the Secretary of Defense submits to the appropriate congressional committees a certification that the operational life of Minuteman III intercontinental ballistic missiles cannot be safely extended through at least 2050; and
(2) the date on which the Secretary transmits to the appropriate congressional committees the report required by paragraph (3) of subsection (c), as required by paragraph (4) of that subsection.
(c) Independent Study on Extension of Minuteman III Intercontinental Ballistic Missiles.--
(1) Independent study.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Sciences to conduct a study on extending the life of Minuteman III intercontinental ballistic missiles to 2050.
(2) Matters included.--The study under paragraph (1) shall include the following:
(A) A comparison of the costs through 2050 of--
(i) extending the life of Minuteman III intercontinental ballistic missiles; and
(ii) deploying the ground-based strategic deterrent program.
(B) An analysis of opportunities to incorporate technologies into the Minuteman III intercontinental ballistic missile program as part of a service life extension program that could also be incorporated in the future ground-based strategic deterrent program, including, at a minimum, opportunities to increase the resilience against adversary missile defenses.
(C) An analysis of the benefits and risks of incorporating sensors and nondestructive testing methods and technologies to reduce destructive testing requirements and increase the service life and number of Minuteman III missiles through 2050.
(D) An analysis and validation of the methods used to estimate the operational service life of Minuteman II and Minuteman III motors, taking into account the test and launch experience of motors retired after the operational service life of such motors in the rocket systems launch program.
(E) An analysis of the risks and benefits of alternative methods of estimating the operational service life of Minuteman III motors, such as those methods based on fundamental physical and chemical processes and nondestructive measurements of individual motor properties.
(F) An analysis of risks, benefits, and costs of configuring a Trident II D5 submarine launched ballistic missile for deployment in a Minuteman III silo.
(G) An analysis of the impacts of the estimated service life of the Minuteman III force associated with decreasing the deployed intercontinental ballistic missiles delivery vehicle force from 400 to 300.
(H) An assessment on the degree to which the Columbia class ballistic missile submarines will possess features that will enhance the current invulnerability of ballistic missile submarines of the United States to future antisubmarine warfare threats.
(I) An analysis of the degree to which an extension of the Minuteman III would impact the decision of Russian Federation to target intercontinental ballistic missiles of the United States in a crisis, as compared to proceeding with the ground-based strategic deterrent.
(J) A best case estimate of what percentage of the strategic forces of the United States would survive a counterforce strike from the Russian Federation, broken down by intercontinental ballistic missiles, ballistic missile submarines, and heavy bomber aircraft.
(K) The benefits, risks, and costs of relying on the W-78 warhead for either the Minuteman III or a new ground-based strategic deterrent missile as compared to proceeding with the W-87 life extension.
(L) The benefits, risks, and costs of adding additional launchers or uploading submarine-launched ballistic missiles with additional warheads to compensate for a reduced deployment of intercontinental ballistic missiles of the United States.
(M) An analysis of whether designing and fielding a new intercontinental ballistic missile through at least 2070 is consistent with the obligation of the United States under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons done at Washington, London, and Moscow July 1, 1968
(21 UST 483) (commonly referred to as the ``Nuclear Non-Proliferation Treaty'') to ``pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament''.
(3) Submission to department of defense.--Not later than 180 days after the date of the enactment of this Act, the National Academy of Sciences shall submit to the Secretary a report containing the findings of the study conducted under paragraph (1).
(4) Submission to congress.--Not later than 210 days after the date of the enactment of this Act, the Secretary shall transmit to the appropriate congressional committees the report required by paragraph (3), without change.
(5) Form.--The report required by paragraph (3) shall be submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' 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 4172. Mr. MARKEY (for himself, Ms. Smith, and Mr. Merkley) 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 XV, add the following:
SEC. 1548. RESTRICTION ON FIRST-USE STRIKE OF NUCLEAR
WEAPONS..
(a) Findings and Declaration of Policy.--
(1) Findings.--Congress finds the following:
(A) The Constitution gives Congress the sole power to declare war.
(B) The framers of the Constitution understood that the monumental decision to go to war, which can result in massive death and the destruction of civilized society, must be made by the representatives of the people and not by a single person.
(C) As stated by section 2(c) of the War Powers Resolution
(Public Law 93-148; 50 U.S.C. 1541), ``the constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces''.
(D) Nuclear weapons are uniquely powerful weapons that have the capability to instantly kill millions of people, create long-term health and environmental consequences throughout the world, directly undermine global peace, and put the United States at existential risk from retaliatory nuclear strikes.
(E) A first-use nuclear strike carried out by the United States would constitute a major act of war.
(F) A first-use nuclear strike conducted absent a declaration of war by Congress would violate the Constitution.
(G) The President has the sole authority to authorize the use of nuclear weapons, an order which military officers of the United States must carry out in accordance with their obligations under the Uniform Code of Military Justice.
(H) Given its exclusive power under the Constitution to declare war, Congress must provide meaningful checks and balances to the President's sole authority to authorize the use of a nuclear weapon.
(2) Declaration of policy.--It is the policy of the United States that no first-use nuclear strike should be conducted absent a declaration of war by Congress.
(b) Prohibition on Conduct of First-use Nuclear Strikes.--
(1) Prohibition.--No Federal funds may be obligated or expended to conduct a first-use nuclear strike unless such strike is conducted pursuant to a war declared by Congress that expressly authorizes such strike.
(2) First-use nuclear strike defined.--In this subsection, the term ``first-use nuclear strike'' means an attack using nuclear weapons against an enemy that is conducted without the Secretary of Defense and the Chairman of the Joint Chiefs of Staff first confirming to the President that there has been a nuclear strike against the United States, its territories, or its allies (as specified in section 3(b)(2) of the Arms Export Control Act (22 U.S.C. 2753(b)(2))).
______
SA 4173. 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 C of title XV, add the following:
SEC. 1548. REDUCTIONS IN SPENDING ON NUCLEAR WEAPONS;
PROHIBITION ON PROCUREMENT AND DEPLOYMENT OF
LOW-YIELD NUCLEAR WARHEADS.
(a) Findings.--Congress makes the following findings:
(1) The United States continues to maintain an excessively large and costly arsenal of nuclear delivery systems and warheads that are a holdover from the Cold War.
(2) The current nuclear arsenal of the United States includes approximately 3,800 total nuclear warheads in its military stockpile, of which approximately 1,750 are deployed with five delivery components: land-based intercontinental ballistic missiles, submarine-launched ballistic missiles, long-range strategic bomber aircraft armed with nuclear gravity bombs, long-range strategic bomber aircraft armed with nuclear-armed air-launched cruise missiles, and short-range fighter aircraft that can deliver nuclear gravity bombs. The strategic bomber fleet of the United States comprises 87 B-52 and 20 B-2 aircraft, over 60 of which contribute to the nuclear mission. The United States also maintains 400 intercontinental ballistic missiles and 14 Ohio-class submarines, up to 12 of which are deployed. Each of those submarines is armed with approximately 90 nuclear warheads.
(3) Between fiscal years 2021 and 2030, the United States will spend an estimated $634,000,000,000 to maintain and recapitalize its nuclear force, according to a January 2019 estimate from the Congressional Budget Office, an increase of
$140,000,000,000 from the Congressional Budget Office's 2019 estimate, with 36 percent of that additional cost stemming
``mainly from new plans for modernizing [the Department of Energy's] production facilities and from [the Department of Defense's] modernization programs moving more fully into production''.
(4) Adjusted for inflation, the Congressional Budget Office estimates that the United States will spend
$1,700,000,000,000 through fiscal year 2046 on new nuclear weapons and modernization and infrastructure programs.
(5) Inaccurate budget forecasting is likely to continue to plague the Department of Defense and the Department of Energy, as evidenced by the fiscal year 2021 budget request of the President for the National Nuclear Security Administration ``Weapon Activities'' account, which far exceeded what the National Nuclear Security Administration had projected in its fiscal year 2020 request and what it had projected in previous years.
(6) The projected growth in nuclear weapons spending is coming due as the Department of Defense is seeking to replace large portions of its conventional forces to better compete with the Russian Federation and the People's Republic of China and as internal and external fiscal pressures are likely to limit the growth of, and perhaps reduce, military spending. As then-Air Force Chief of Staff General Dave Goldfein said in 2020, ``I think a debate is that this will be the first time that the nation has tried to simultaneously modernize the nuclear enterprise while it's trying to modernize an aging conventional enterprise. The current budget does not allow you to do both.''.
(7) In 2017, the Government Accountability Office concluded that National Nuclear Security Administration's budget forecasts for out-year spending downplayed the fact that the agency lacked the resources to complete multiple, simultaneous billion dollar modernization projects and recommended that the National Nuclear Security Administration consider ``deferring the start of or cancelling specific modernization programs''.
(8) According to the Government Accountability Office, the National Nuclear Security Administration has still not factored affordability concerns into its planning as was recommended by the Government Accountability Office in 2017, with the warning that ``it is essential for NNSA to present information to Congress and other key decision maker indicating whether the agency has prioritized certain modernization programs or considered trade-offs (such as deferring or cancelling specific modernization programs)''.
(9) A December 2020 Congressional Budget Office analysis showed that the projected costs of nuclear forces over the next decade can be reduced by $12,400,000,000 to
$13,600,000,000 by trimming back current plans, while still maintaining a triad of delivery systems. Even larger savings would accrue over the subsequent decade.
(10) The Department of Defense's June 2013 nuclear policy guidance entitled ``Report on Nuclear Employment Strategy of the United States'' found that force levels under the April 2010 Treaty on Measures for the Further Reduction and Limitation of Strategic Offensive Arms between the United States and the Russian Federation (commonly known as the
``New START Treaty'') ``are more than adequate for what the United States needs to fulfill its national security objectives'' and can be reduced by up to \1/3\ below levels under the New START Treaty to 1,000 to 1,100 warheads.
(11) Former President Trump expanded the role of, and spending on, nuclear weapons in United States policy at the same time that he withdrew from, unsigned, or otherwise terminated a series of important arms control and nonproliferation agreements.
(b) Reductions in Nuclear Forces.--
(1) Reduction of nuclear-armed submarines.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense may be obligated or expended for purchasing more than eight Columbia-class submarines.
(2) Reduction of ground-based missiles.--Notwithstanding any other provision of law, beginning in fiscal year 2022, the forces of the Air Force shall include not more than 150 intercontinental ballistic missiles.
(3) Reduction of deployed strategic warheads.--Notwithstanding any other provision of law, beginning in fiscal year 2022, the forces of the United States Military shall include not more than 1,000 deployed strategic warheads, as that term is defined in the New START Treaty.
(4) Limitation on new long-range penetrating bomber aircraft.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2022 through 2028 for the Department of Defense may be obligated or expended for purchasing more than 80 B-21 long-range penetrating bomber aircraft.
(5) Prohibition on f-35 nuclear mission.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons.
(6) Prohibition on new air-launched cruise missile.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research, development, test, and evaluation or procurement of the long-range stand-off weapon or any other new air-launched cruise missile or for the W80 warhead life extension program.
(7) Prohibition on new intercontinental ballistic missile.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of the ground-based strategic deterrent or any new intercontinental ballistic missile.
(8) Termination of uranium processing facility.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y-12 National Security Complex, Oak Ridge, Tennessee.
(9) Prohibition on procurement and deployment of new low-yield warhead.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended to deploy the W76-2 low-yield nuclear warhead or any other low-yield or nonstrategic nuclear warhead.
(10) Prohibition on new submarine-launched cruise missile.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research, development, test, and evaluation or procurement of a new submarine-launched cruise missile capable of carrying a low-yield or nonstrategic nuclear warhead.
(11) Limitation on plutonium pit production.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for achieving production of more than 30 plutonium pits per year at Los Alamos National Laboratory, Los Alamos, New Mexico.
(12) Limitation on w87-1 warhead procurement and deployment.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the procurement or deployment of the W87-1 warhead for use on any missile that can feasibly employ a W87 warhead.
(13) Limitation on sustainment of b83-1 bomb.--Notwithstanding other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the sustainment of the B83-1 bomb beyond the time at which confidence in the B61-12 stockpile is gained.
(14) Prohibition on space-based missile defense.--Notwithstanding other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research, development, test, and evaluation or procurement of a space-based missile defense system.
(15) Prohibition on the w-93 warhead.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the procurement and deployment of a W-93 warhead on a submarine launched ballistic missile.
(c) Reports Required.--
(1) Initial report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out subsection (b).
(2) Annual report.--Not later than March 1, 2022, and annually thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out subsection (b), including any updates to previously submitted reports.
(3) Annual nuclear weapons accounting.--Not later than September 30, 2022, and annually thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during--
(A) the fiscal year covered by the report; and
(B) the life cycle of such weapon or program.
(4) Cost estimate report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the estimated cost savings that result from carrying out subsection (b).
(5) Report on funding national defense strategy.--Not later than 180 days after the publication of a National Defense Strategy under section 113(g) of title 10, United States Code, the Secretary of Defense shall submit to the appropriate committees of Congress a report explaining how the Secretary proposes to fund the National Defense Strategy under different levels of projected defense spending, including scenarios in which--
(A) anticipated cost savings from reform do not materialize; or
(B) defense spending decreases to the levels specified by the Budget Control Act of 2011 (Public Law 112-25; 125 Stat. 240).
(6) Modification of period to be covered by estimates of costs relating to nuclear weapons.--Section 492a of title 10, United States Code, is amended in subsections (a)(2)(F) and
(b)(1)(A) by striking ``10-year period'' each place it appears and inserting ``25-year period''.
(7) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.
______
SA 4174. 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 E of title XII, add the following:
SEC. 1253. TAIWAN FELLOWSHIP PROGRAM.
(a) Short Title.--This section may be cited as the ``Taiwan Fellowship Act''.
(b) Findings.--Congress finds the following:
(1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.) affirmed United States policy ``to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area''.
(2) Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115-409), the United States has grown its strategic partnership with Taiwan's vibrant democracy of 23,000,000 people.
(3) Despite a concerted campaign by the People's Republic of China to isolate Taiwan from its diplomatic partners and from international organizations, including the World Health Organization, Taiwan has emerged as a global leader in the coronavirus global pandemic response, including by donating more than 2,000,000 surgical masks and other medical equipment to the United States.
(4) The creation of a United States fellowship program with Taiwan would support--
(A) a key priority of expanding people-to-people exchanges, which was outlined in President Donald J. Trump's 2017 National Security Strategy;
(B) President Joseph R. Biden's commitment to Taiwan, ``a leading democracy and a critical economic and security partner,'' as expressed in his March 2021 Interim National Security Strategic Guidance; and
(C) April 2021 guidance from the Department of State based on a review required under the Taiwan Assurance Act of 2020
(subtitle B of title III of division FF of Public Law 116-260) to ``encourage U.S. government engagement with Taiwan that reflects our deepening unofficial relationship''.
(c) Purposes.--The purposes of this section are--
(1) to further strengthen the United States-Taiwan strategic partnership and broaden understanding of the Indo-Pacific region by temporarily assigning officials of agencies of the United States Government to Taiwan for intensive study in Mandarin and placement as Fellows with the governing authorities on Taiwan or a Taiwanese civic institution;
(2) to provide for eligible United States personnel to learn or strengthen Mandarin Chinese language skills and to expand their understanding of the political economy of Taiwan and the Indo-Pacific region; and
(3) to better position the United States to advance its economic, security, and human rights interests and values in the Indo-Pacific region.
(d) Definitions.--In this section:
(1) Agency head.--The term ``agency head'' means in the case of the executive branch of United States Government, or a legislative branch agency described in paragraph (2), the head of the respective agency.
(2) Agency of the united states government.--The term
``agency of the United States Government'' includes the Government Accountability Office, Congressional Budget Office, or the Congressional Research Service of the legislative branch as well as any agency of the executive branch.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Appropriations of the House of Representatives; and
(D) the Committee on Foreign Affairs of the House of Representatives.
(4) Detailee.--The term ``detailee''--
(A) means an employee of a branch of the United States Government on loan to the American Institute in Taiwan, without a change of position from the agency at which he or she is employed; and
(B) a legislative branch employee from the Government Accountability Office, Congressional Budget Office, or the Congressional Research Service.
(5) Implementing partner.--The term ``implementing partner'' means any United States organization described in 501(c)(3) of the Internal Revenue Code of 1986 that--
(A) performs logistical, administrative, and other functions, as determined by the Department of State and the American Institute of Taiwan in support of the Taiwan Fellowship Program; and
(B) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program.
(e) Establishment of Taiwan Fellowship Program.--
(1) Establishment.--The Secretary of State shall establish the ``Taiwan Fellowship Program'' (referred to in this subsection as the ``Program'') to provide a fellowship opportunity in Taiwan of up to 2 years for eligible United States citizens. The Department of State, in consultation with the American Institute in Taiwan and the implementing partner, may modify the name of the Program.
(2) Cooperative agreement.--
(A) In general.--The American Institute in Taiwan should use amounts appropriated pursuant to subsection (h)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner.
(B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, should award to eligible United States citizens, subject to available funding--
(i) approximately 5 fellowships during the first 2 years of the Program; and
(ii) approximately 10 fellowships during each of the remaining years of the Program.
(3) International agreement; implementing partner.--Not later than 30 days after the date of the enactment of this Act, the American Institute in Taiwan, in consultation with the Department of State, should--
(A) begin negotiations with the Taipei Economic and Cultural Representative Office, or with another appropriate entity, for the purpose of entering into an agreement to facilitate the placement of fellows in an agency of the governing authorities on Taiwan; and
(B) begin the process of selecting an implementing partner, which--
(i) shall agree to meet all of the legal requirements required to operate in Taiwan; and
(ii) shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region.
(4) Curriculum.--
(A) First year.--During the first year of each fellowship under this subsection, each fellow should study--
(i) the Mandarin Chinese language;
(ii) the people, history, and political climate on Taiwan; and
(iii) the issues affecting the relationship between the United States and the Indo-Pacific region.
(B) Second year.--During the second year of each fellowship under this subsection, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this section, should work in--
(i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or
(ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed.
(5) Flexible fellowship duration.--Notwithstanding any requirement under this subsection, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, may award fellowships that have a duration of less than two years, and may alter the curriculum requirements under paragraph (4) for such purposes.
(6) Sunset.--The fellowship program under this subsection shall terminate 7 years after the date of the enactment of this Act.
(f) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is eligible for a fellowship under subsection (e) if he or she--
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance review in his or her current United States Government role within at least the last three years prior to beginning the fellowship;
(C) has at least 2 years of experience in any branch of the United States Government;
(D) has a demonstrated professional or educational background in the relationship between the United States and countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to further service in the United States Government.
(2) Responsibilities of fellows.--Each recipient of a fellowship under subsection (e) shall agree, as a condition of such fellowship--
(A) to maintain satisfactory progress in language training and appropriate behavior in Taiwan, as determined by the Department of State, the American Institute in Taiwan and, as appropriate, its implementing partner;
(B) to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and
(C) to continue Federal Government employment for a period of not less than 4 years after the conclusion of the fellowship or for not less than 2 years for a fellowship that is 1 year or shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall--
(i) make efforts to recruit fellowship candidates who reflect the diversity of the United States;
(ii) select fellows for the Taiwan Fellowship Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and
(iii) prioritize the selection of candidates willing to serve a fellowship lasting 1 year or longer.
(B) First year.--The implementing partner should provide each fellow in the first year (or shorter duration, as jointly determined by the Department of State and the American Institute in Taiwan for those who are not serving a 2-year fellowship) with--
(i) intensive Mandarin Chinese language training; and
(ii) courses in the political economy of Taiwan, China, and the broader Indo-Pacific.
(C) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin language skills, knowledge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. If any of the training requirements are waived for a fellow serving a 2-year fellowship, the training portion of his or her fellowship may be shortened to the extent appropriate.
(D) Office; staffing.--The implementing partner, in consultation with the Department of State and the American Institute in Taiwan, may maintain an office and at least 1 full-time staff member in Taiwan--
(i) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and
(ii) to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents.
(E) Other functions.--The implementing partner may perform other functions in association in support of the Taiwan Fellowship Program, including logistical and administrative functions, as prescribed by the Department of State and the American Institute in Taiwan.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to comply with the requirements under this subsection shall reimburse the American Institute in Taiwan for--
(i) the Federal funds expended for the fellow's participation in the fellowship, as set forth in subparagraphs (B) and (C); and
(ii) interest accrued on such funds (calculated at the prevailing rate).
(B) Full reimbursement.--Any fellow who violates subparagraph (A) or (B) of paragraph (2) shall reimburse the American Institute in Taiwan in an amount equal to the sum of--
(i) all of the Federal funds expended for the fellow's participation in the fellowship; and
(ii) interest on the amount specified in clause (i), which shall be calculated at the prevailing rate.
(C) Pro rata reimbursement.--Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between--
(i) the amount specified in subparagraph (B); and
(ii) the product of--
(I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by
(II) the percentage of the period specified in paragraph
(2)(C) during which the fellow did not remain employed by the Federal Government.
(5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this section, and annually thereafter for 7 years, the Department of State shall offer to brief the appropriate committees of Congress regarding the following issues:
(A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section.
(B) The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States.
(C) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned during the second year of the fellowship.
(D) Any recommendations, as appropriate, to improve the implementation of the Taiwan Fellowship Program, including added flexibilities in the administration of the program.
(E) An assessment of the Taiwan Fellowship Program's value upon the relationship between the United States and Taiwan or the United States and Asian countries.
(6) Annual financial audit.--
(A) In general.--The financial records of any implementing partner shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another political subdivision of the United States.
(B) Location.--Each audit under subparagraph (A) shall be conducted at the place or places where the financial records of the implementing partner are normally kept.
(C) Access to documents.--The implementing partner shall make available to the accountants conducting an audit under subparagraph (A)--
(i) all books, financial records, files, other papers, things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit; and
(ii) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.
(D) Report.--
(i) In general.--Not later than 6 months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan.
(ii) Contents.--Each audit report shall--
(I) set forth the scope of the audit;
(II) include such statements, along with the auditor's opinion of those statements, as may be necessary to present fairly the implementing partner's assets and liabilities, surplus or deficit, with reasonable detail;
(III) include a statement of the implementing partner's income and expenses during the year; and
(IV) include a schedule of--
(aa) all contracts and cooperative agreements requiring payments greater than $5,000; and
(bb) any payments of compensation, salaries, or fees at a rate greater than $5,000 per year.
(iii) Copies.--Each audit report shall be produced in sufficient copies for distribution to the public.
(g) Taiwan Fellows on Detail From Government Service.--
(1) In general.--
(A) Detail authorized.--With the approval of the Secretary of State, an agency head may detail, for a period of not more than 2 years, an employee of the agency of the United States Government who has been awarded a fellowship under this section, to the American Institute in Taiwan for the purpose of assignment to the governing authorities on Taiwan or an organization described in subsection (e)(4)(B)(ii).
(B) Agreement.--Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree--
(i) to continue in the service of the sponsoring agency at the end of fellowship for a period of at least 4 years (or at least 2 years if the fellowship duration is 1 year or shorter) unless the detailee is involuntarily separated from the service of such agency; and
(ii) to pay to the American Institute in Taiwan any additional expenses incurred by the Federal Government in connection with the fellowship if the detailee voluntarily separates from service with the sponsoring agency before the end of the period for which the detailee has agreed to continue in the service of such agency.
(C) Exception.--The payment agreed to under subparagraph
(B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection.
(2) Status as government employee.--A detailee--
(A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency;
(B) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and
(C) may be assigned to a position with an entity described in section (f)(4)(B)(i) if acceptance of such position does not involve--
(i) the taking of an oath of allegiance to another government; or
(ii) the acceptance of compensation or other benefits from any foreign government by such detailee.
(3) Responsibilities of sponsoring agency.--
(A) In general.--The Federal agency from which a detailee is detailed should provide the fellow allowances and benefits that are consistent with Department of State Standardized Regulations or other applicable rules and regulations, including--
(i) a living quarters allowance to cover the cost of housing in Taiwan;
(ii) a cost of living allowance to cover any possible higher costs of living in Taiwan;
(iii) a temporary quarters subsistence allowance for up to 7 days if the fellow is unable to find housing immediately upon arriving in Taiwan;
(iv) an education allowance to assist parents in providing the fellow's minor children with educational services ordinarily provided without charge by public schools in the United States;
(v) moving expenses to transport personal belongings of the fellow and his or her family in their move to Taiwan, which is comparable to the allowance given for American Institute in Taiwan employees assigned to Taiwan; and
(vi) an economy-class airline ticket to and from Taiwan for each fellow and the fellow's immediate family.
(B) Modification of benefits.--The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in subparagraph (A) if such modification is warranted by fiscal circumstances.
(4) No financial liability.--The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental entities in Taiwan at which a fellow is detailed during the second year of the fellowship may not be held responsible for the pay, allowances, or any other benefit normally provided to the detailee.
(5) Reimbursement.--Fellows may be detailed under paragraph
(1)(A) without reimbursement to the United States by the American Institute in Taiwan.
(6) Allowances and benefits.--Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3).
(h) Authorization of Appropriations.--There are authorized to be appropriated to the American Institute in Taiwan, for fiscal year 2022 and for each succeeding fiscal year,
$2,300,000, which shall be used to fund a cooperative agreement with the appropriate implementing partner.
(i) Study and Report.--Not later than one year prior to the sunset of the fellowship program under subsection (e), the Comptroller General of the United States shall conduct a study and submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House a report that includes--
(1) an analysis of the United States Government participants in this program, including the number of applicants and the number of fellowships undertaken, the place of employment, and as assessment of the costs and benefits for participants and for the United States Government of such fellowships;
(2) an analysis of the financial impact of the fellowship on United States Government offices which have provided Fellows to participate in the program; and
(3) recommendations, if any, on how to improve the fellowship program.
______
SA 4175. 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 E of title XII, add the following:
SEC. 1253. ESTABLISHMENT OF QUAD INTRA-PARLIAMENTARY WORKING
GROUP.
(a) Establishment.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall seek to enter into negotiations with the governments of Japan, Australia, and India (collectively, with the United States, known as the ``Quad'') with the goal of reaching a written agreement to establish a Quad Intra-Parliamentary Working Group for the purpose of advancing initiatives of the Quad and to facilitate closer cooperation on shared interests and values.
(b) United States Group.--
(1) In general.--At such time as the governments of the Quad countries enter into a written agreement described in subsection (a), there shall be established a United States Group, which shall represent the United States at the Quad Intra-Parliamentary Working Group.
(2) Membership.--
(A) In general.--The United States Group shall be comprised of not more than 24 Members of Congress.
(B) Appointment.--Of the Members of Congress appointed to the United States Group under subparagraph (A)--
(i) half shall be appointed by the Speaker of the House of Representatives from among Members of the House, not less than 4 of whom shall be members of the Committee on Foreign Affairs; and
(ii) half shall be appointed by the President Pro Tempore of the Senate, based on recommendations of the majority leader and minority leader of the Senate, from among Members of the Senate, not less than 4 of whom shall be members of the Committee on Foreign Relations (unless the majority leader and minority leader determine otherwise).
(3) Meetings.--
(A) In general.--The United States Group shall seek to meet not less frequently than annually with representatives and appropriate staff of the legislatures of Japan, Australia, and India, and any other country invited by mutual agreement of the Quad countries.
(B) Limitation.--A meeting described in subparagraph (A) may be held--
(i) in the United States;
(ii) in another Quad country during periods when Congress is not in session; or
(iii) virtually.
(4) Chairperson and vice chairperson.--
(A) House delegation.--The Speaker of the House of Representatives shall designate the chairperson or vice chairperson of the delegation of the United States Group from the House from among members of the Committee on Foreign Affairs.
(B) Senate delegation.--The President Pro Tempore of the Senate shall designate the chairperson or vice chairperson of the delegation of the United States Group from the Senate from among members of the Committee on Foreign Relations.
(5) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated
$1,000,000 for each fiscal years 2022 through 2025 for the United States Group.
(B) Distribution of appropriations.--
(i) In general.--For each fiscal year for which an appropriation is made for the United States Group, half of the amount appropriated shall be available to the delegation from the House of Representatives and half of the amount shall be available to the delegation from the Senate.
(ii) Method of distribution.--The amounts available to the delegations of the House of Representatives and the Senate under clause (i) shall be disbursed on vouchers to be approved by the chairperson of the delegation from the House of Representatives and the chairperson of the delegation from the Senate, respectively.
(6) Private sources.--The United States Group may accept gifts or donations of services or property, subject to the review and approval, as appropriate, of the Committee on Ethics of the House of Representatives and the Committee on Ethics of the Senate.
(7) Certification of expenditures.--The certificate of the chairperson of the delegation from the House of Representatives or the delegation of the Senate of the United States Group shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States Group.
(8) Annual report.--The United States Group shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report for each fiscal year for which an appropriation is made for the United States Group, which shall include a description of its expenditures under such appropriation.
______
SA 4176. 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 C of title XV, add the following:
SEC. 1548. REDUCTION OF THREATS POSED BY NUCLEAR WEAPONS TO
THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) The use of nuclear weapons poses an existential threat to humanity, a fact that led President Ronald Reagan and Soviet Premier Mikhail Gorbachev to declare in a joint statement in 1987 that a ``nuclear war cannot be won and must never be fought''.
(2) On June 12, 1982, an estimated 1,000,000 people attended the largest peace rally in United States history, in support of a movement to freeze and reverse the nuclear arms race, a movement that helped to create the political will necessary for the negotiation of several bilateral arms control treaties between the United States and former Soviet Union, and then the Russian Federation. Those treaties contributed to strategic stability through mutual and verifiable reciprocal nuclear weapons reductions.
(3) Since the advent of nuclear weapons in 1945, millions of people around the world have stood up to demand meaningful, immediate international action to halt, reduce, and eliminate the threats posed by nuclear weapons, nuclear weapons testing, and nuclear war, to humankind and the planet.
(4) In 1970, the Treaty on the Non-Proliferation of Nuclear Weapons done at Washington, London, and Moscow July 1, 1968
(21 UST 483) (commonly referred to as the ``Nuclear Non-Proliferation Treaty'' or the ``NPT'') entered into force, which includes a binding obligation on the 5 nuclear-weapon states (commonly referred to as the ``P5''), among other things, ``to pursue negotiations in good faith on effective measures relating to the cessation of the nuclear arms race .
. . and to nuclear disarmament''.
(5) Bipartisan United States global leadership has curbed the growth in the number of countries possessing nuclear weapons and has slowed overall vertical proliferation among countries already possessing nuclear weapons, as is highlighted by a more than 85-percent reduction in the United States nuclear weapons stockpile from its Cold War height of 31,255 in 1967.
(6) The United States testing of nuclear weapons is no longer necessary as a result of the following major technical developments since the Senate's consideration of the Comprehensive Nuclear-Test-Ban Treaty (commonly referred to as the ``CTBT'') in 1999:
(A) The verification architecture of the Comprehensive Nuclear Test-Ban-Treaty Organization (commonly referred to as the ``CTBTO'')--
(i) has made significant advancements, as seen through its network of 300 International Monitoring Stations and its International Data Centre, which together provide for the near instantaneous detection of nuclear explosives tests, including all 6 such tests conducted by North Korea between 2006 and 2017; and
(ii) is operational 24 hours a day, 7 days a week.
(B) Since the United States signed the CTBT, confidence has grown in the science-based Stockpile Stewardship and Management Plan of the Department of Energy, which forms the basis of annual certifications to the President regarding the continual safety, security, and effectiveness of the United States nuclear deterrent in the absence of nuclear testing, leading former Secretary of Energy Ernest Moniz to remark in 2015 that ``lab directors today now state that they certainly understand much more about how nuclear weapons work than during the period of nuclear testing''.
(7) Despite the progress made to reduce the number and role of, and risks posed by, nuclear weapons, and to halt the Cold War-era nuclear arms race, tensions between countries that possess nuclear weapons are on the rise, key nuclear risk reduction treaties are under threat, significant stockpiles of weapons-usable fissile material remain, and a qualitative global nuclear arms race is now underway with each of the countries that possess nuclear weapons spending tens of billions of dollars each year to maintain and improve their arsenals.
(8) The Russian Federation is pursuing the development of destabilizing types of nuclear weapons that are not presently covered under any existing arms control treaty or agreement and the People's Republic of China, India, Pakistan, and North Korea have each taken concerning steps to diversify their more modest sized, but nonetheless very deadly, nuclear arsenals.
(9) Former President Donald J. Trump's 2018 Nuclear Posture Review called for the development two new nuclear weapons capabilities, which have the effect of lowering the threshold for nuclear weapons use:
(A) A low-yield warhead on a submarine-launched ballistic missile, which was deployed before the date of the enactment of this Act.
(B) A sea-launched cruise missile, still under development on the date of the enactment of this Act.
(10) On February 3, 2021, President Joseph R. Biden preserved binding and verifiable limits on the deployed and non-deployed strategic forces of the largest two nuclear weapons powers through the five-year extension of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed April 8, 2010, and entered into force February 5, 2011 (commonly referred to as the ``New START Treaty'').
(11) In 2013, the report on a nuclear weapons employment strategy of the United States submitted under section 492 of title 10, United States Code, determined that it is possible to ensure the security of the United States and allies and partners of the United States and maintain a strong and credible strategic deterrent while safely pursuing up to a
\1/3\ reduction in deployed nuclear weapons from the level established in the New START Treaty.
(12) On January 12, 2017, then-Vice President Biden stated,
``[G]iven our non-nuclear capabilities and the nature of today's threats--it's hard to envision a plausible scenario in which the first use of nuclear weapons by the United States would be necessary. Or make sense.''.
(13) In light of moves by the United States and other countries to increase their reliance on nuclear weapons, a global nuclear freeze would seek to halt the new nuclear arms race by seeking conclusion of a comprehensive and verifiable freeze on the testing, deployment, and production of nuclear weapons and delivery vehicles for such weapons.
(b) Statement of Policy.--The following is the policy of the United States:
(1) The United States should build upon its decades long, bipartisan efforts to reduce the number and salience of nuclear weapons by leading international negotiations on specific arms-reduction measures as part of a 21st century global nuclear freeze movement.
(2) Building on the successful extension of the New START Treaty, the United States should engage with all other countries that possess nuclear weapons to seek to negotiate and conclude future multilateral arms control, disarmament, and risk reduction agreements, which should contain some or all of the following provisions:
(A) An agreement by the United States and the Russian Federation on a follow-on treaty or agreement to the New START Treaty that may lower the central limits of the Treaty and cover new kinds of strategic delivery vehicles or non-strategic nuclear weapons.
(B) An agreement on a verifiable freeze on the testing, production, and further deployment of all nuclear weapons and delivery vehicles for such weapons.
(C) An agreement that establishes a verifiable numerical ceiling on the deployed shorter-range and intermediate-range and strategic delivery systems (as defined by the INF Treaty and the New START Treaty, respectively) and the nuclear warheads associated with such systems belonging to the P5, and to the extent possible, all countries that possess nuclear weapons, at August 2, 2019, levels.
(D) An agreement by each country to adopt a policy of no first use of nuclear weapons or provide transparency into its nuclear declaratory policy.
(E) An agreement on a proactive United Nations Security Council resolution that expands access by the International Atomic Energy Agency to any country found by the Board of Governors of that Agency to be noncompliant with its obligations under the NPT.
(F) An agreement to refrain from configuring nuclear forces in a ``launch on warning'' or ``launch under warning'' nuclear posture, which may prompt a nuclear armed country to launch a ballistic missile attack in response to detection by an early-warning satellite or sensor of a suspected incoming ballistic missile.
(G) An agreement not to target or interfere in the nuclear command, control, and communications (commonly referred to as
``NC3'') infrastructure of another country through a kinetic attack or a cyberattack.
(H) An agreement on transparency measures or verifiable limits, or both, on hypersonic cruise missiles and glide vehicles that are fired from sea-based, ground, and air platforms.
(I) An agreement to provide a baseline and continuous exchanges detailing the aggregate number of active nuclear weapons and associated systems possessed by each country.
(3) The United States should rejuvenate efforts in the United Nations Conference on Disarmament toward the negotiation of a verifiable Fissile Material Treaty or Fissile Material Cutoff Treaty, or move negotiations to another international body or fora, such as a meeting of the P5. Successful conclusion of such a treaty would verifiably prevent any country's production of highly enriched uranium and plutonium for use in nuclear weapons.
(4) The United States should convene a series of head-of-state level summits on nuclear disarmament modeled on the Nuclear Security Summits process, which saw the elimination of the equivalent of 3,000 nuclear weapons.
(5) The President should seek ratification by the Senate of the CTBT and mobilize all countries covered by Annex 2 of the CTBT to pursue similar action to hasten entry into force of the CTBT. The entry into force of the CTBT, for which ratification by the United States will provide critical momentum, will activate the CTBT's onsite inspection provision to investigate allegations that any country that is a party to the CTBT has conducted a nuclear test of any yield.
(6) The President should make the accession of North Korea to the CTBT a component of any final agreement in fulfilling the pledges the Government of North Korea made in Singapore, as North Korea is reportedly the only country to have conducted a nuclear explosive test since 1998.
(7) The United States should--
(A) refrain from developing any new designs for nuclear warheads or bombs, but especially designs that could add a level of technical uncertainty into the United States stockpile and thus renew calls to resume nuclear explosive testing in order to test that new design; and
(B) seek reciprocal commitments from other countries that possess nuclear weapons.
(c) Prohibition on Use of Funds for Nuclear Test Explosions.--
(1) In general.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter, or authorized to be appropriated or otherwise made available for any fiscal year before fiscal year 2022 and available for obligation as of the date of the enactment of this Act, may be obligated or expended to conduct or make preparations for any explosive nuclear weapons test that produces any yield until such time as--
(A) the President submits to Congress an addendum to the report required by section 4205 of the Atomic Energy Defense Act (50 U.S.C. 2525) that details any change to the condition of the United States nuclear weapons stockpile from the report submitted under that section in the preceding year; and
(B) there is enacted into law a joint resolution of Congress that approves the test.
(2) Rule of construction.--Paragraph (1) does not limit nuclear stockpile stewardship activities that are consistent with the zero-yield standard and other requirements under law.
______
SA 4177. Mr. MENENDEZ 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 XII, add the following:
SEC. 1237. REPEAL OF WAIVER AUTHORITY FOR PROVISION OF
ASSISTANCE TO THE GOVERNMENT OF AZERBAIJAN.
Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 22 U.S.C. 5812 note) is amended, in subsection (g) of the matter under the heading ``assistance for the independent states of the former soviet union'' under the heading ``Other Bilateral Economic Assistance''--
(1) by striking paragraphs (2) through (6); and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``(1) Section'' and inserting ``Section''; and
(B) by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively.
______
SA 4178. Mr. MENENDEZ 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. PLAN FOR ENHANCING INSTITUTIONAL CAPACITY BUILDING
ACTIVITIES IN NIGERIA.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall develop a plan for enhancing institutional capacity building activities in the Federal Republic of Nigeria.
(b) Elements.--The plan required by subsection (a) shall include the following:
(1) An assessment of the major areas of weakness in civilian oversight of--
(A) the military forces of the Federal Republic of Nigeria; and
(B) the defense institutions of the Federal Republic of Nigeria.
(2) An identification of the programs authorized under title 10, United States Code, that could be applied to strengthen--
(A) civilian oversight of the military forces of the Federal Republic of Nigeria; and
(B) governance in the defense sector of the Federal Republic of Nigeria.
(3) A plan for the provision of assistance to the Federal Republic of Nigeria under section 332(b) of title 10, United States Code, during the three-year period beginning on the date of the enactment of this Act that--
(A) includes civilian oversight of the military and better governance and internal controls in defense establishments; and
(B) addresses shortfalls in organizational structure and management.
(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
______
SA 4179. Mr. MENENDEZ 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 XII, add the following:
SEC. 1264. REPORT ON MAJOR CONSTRAINTS ON EFFECTIVENESS OF
MILITARY FORCES OF NIGERIA IN COMBATING ISIS
AND BOKO HARAM.
(a) In General.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report that includes an analysis of the major constraints on the effectiveness of the military forces of the Federal Republic of Nigeria in combating ISIS and Boko Haram (to the extent Boko Haram persists) in northeastern Nigeria.
(b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Select Committee on Intelligence of the Senate, and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Armed Services of the House of Representatives.
______
SA 4180. Ms. ROSEN (for herself and 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 end of subtitle B of title II, add the following new section:
SEC. ___. PILOT PROGRAM ON DATA LIBRARIES FOR TRAINING
ARTIFICIAL INTELLIGENCE MODELS.
(a) Pilot Program Authorized.--The Secretary of Defense, acting through the Director of the Joint Artificial Intelligence Center or such other official as the Secretary considers appropriate, may carry out a pilot program to assess the feasibility and advisability of establishing data libraries for developing and enhancing artificial intelligence capabilities to ensure that the Department of Defense is able to procure optimal artificial intelligence and machine learning software capabilities to meet Department requirements and technology development goals.
(b) Authorities.--In carrying out a pilot program under subsection (a), the Secretary may--
(1) establish data libraries containing Department data sets relevant to the development of artificial intelligence software and technology; and
(2) allow appropriate public and private sector organizations to access such data libraries for the purposes of developing artificial intelligence models and other technical software solutions.
(c) Elements.--If the Secretary elects to carry out the pilot program under subsection (a), the data libraries established under the program--
(1) may include unclassified data representative of diverse types of information, representing Department missions, business processes, and activities; and
(2) shall be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions;
(3) shall be made available to such public and private sector organizations as the Secretary considers appropriate to support rapid development of software and artificial intelligence capabilities;
(4) shall include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the lifecycle of its use; and
(5) shall be developed to support such other missions and activities as the Secretary considers appropriate.
(d) Briefing.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on implementing this section, including an identification of the types of information that the Secretary determines are feasible and advisable to include in the data libraries under subsection
(b)(1).
______
SA 4181. 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:
Strike section 1601 and insert the following:
SEC. 1601. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS.
(a) In General.--The Secretary of Defense shall--
(1) determine the overall workforce requirement of the Department of Defense for cyber and information operation military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel, and in doing so shall--
(A) consider personnel in positions securing the Department of Defense Information Network and associated enterprise information technology, defense agencies and field activities, and combatant commands, including current billets primarily associated with the information environment and cyberspace domain and projected future billets;
(B) consider the mix between military and civilian personnel, active and reserve components, and the use of the National Guard;
(C) develop a workforce development plan for military and civilian personnel that covers accessions, training, education, recruitment, retention, fair and competitive compensation, enlistment standards and screening tools, analysis of recruiting resources and sustainment of the workforce, and metrics to evaluate success; and
(D) consider such other elements as the Secretary determines appropriate;
(2) assess current and future general information warfare and cyber education curriculum and requirements for military and civilian personnel, including--
(A) acquisition personnel;
(B) accessions and recruits to the military services;
(C) cadets and midshipmen at the military service academies and enrolled in the Senior Reserve Officers' Training Corps;
(D) information environment and cyberspace military and civilian personnel;
(E) non-information environment and cyberspace military and civilian personnel;
(F) cyberspace and information environment-related scholarship-for-service programs, including--
(i) the CyberCorps: Scholarship for Service (SFS);
(ii) the Department of Defense Cyber Scholarship Program
(DoD CySP);
(iii) the Department of Defense Science, Mathematics, and Research for Transformation (SMART) Scholarship-for-Service Program;
(iv) the Stokes Educational Scholarship Program; and
(v) the OnRamp II Scholarship Program; and
(G) such current programs and institutions for information warfare and cyber education for military and civilian personnel, including--
(i) the military service academies;
(ii) the educational institutions described in section 2151(b) of title 10, United States Code;
(iii) the Air Force Institute of Technology;
(iv) the National Defense University;
(v) the Joint Special Operations University;
(vi) any other military educational institution of the Department specified by the Secretary for purposes of this section; and
(vii) the Cyber Centers of Academic Excellence certified jointly by the National Security Agency and the Department of Homeland Security; and
(3) determine--
(A) the cyberspace domain and information warfare mission requirements of an undergraduate- and graduate-level professional military education college on par with and distinct from the war colleges for the Army, Navy, and Air Force;
(B) what curriculum such a college should instruct;
(C) whether such a college should be joint;
(D) where it should be located;
(E) where such college should be administered;
(F) interim efforts to improve the coordination of existing cyber and information environment education programs; and
(G) the feasibility and advisability of partnering with and integrating a Reserve Officers' Training Corps (ROTC) program, which shall include civilian personnel, dedicated to cyber and information environment operations.
(b) Briefing and Report Required.--Not later than May 31, 2022, the Secretary shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than December 1, 2022, the Secretary shall submit to such committees a report on--
(1) the findings of the Secretary in carrying out subsection (a);
(2) an implementation plan to achieve future information warfare and cyber education requirements at appropriate locations;
(3) such recommendations as the Secretary may have for personnel needs in information warfare and the cyberspace domain; and
(4) such legislative or administrative action as the Secretary identifies as necessary to effectively meet cyber personnel requirements.
(c) Education Defined.--In this section, the term
``education'' includes formal education requirements, such as degrees and certification in targeted subject areas, but also general training, including--
(1) reskilling;
(2) knowledge, skills, and abilities; and
(3) nonacademic professional development.
______
SA 4182. 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 X, insert the following:
SEC. ___. INFORMATION WARFARE AND CYBER EDUCATION CURRICULUM
AND REQUIREMENTS FOR CIVILIAN INTELLIGENCE
COMMUNITY.
(a) In General.--The Director of National Intelligence shall--
(1) assess current general information warfare and cyber education curriculum and requirements for civilian elements of the intelligence community and other civilian personnel as the Director considers appropriate, including--
(A) acquisition personnel;
(B) information environment and cyberspace personnel;
(C) non-information environment and cyberspace personnel;
(D) cyberspace and information environment-related scholarship-for-service programs, including--
(i) the CyberCorps: Scholarship for Service (SFS);
(ii) the Department of Defense Cyber Scholarship Program
(DoD CySP);
(iii) the Department of Defense Science, Mathematics, and Research for Transformation (SMART) Scholarship-for-Service Program;
(iv) the Stokes Educational Scholarship Program; and
(v) the OnRamp II Scholarship Program; and
(2) determine--
(A) the cyberspace domain and information security requirements of an undergraduate- and graduate-level professional education college on par with the war colleges for the Army, Navy, and Air Force;
(B) what curriculum such a college should instruct;
(C) whether such a college should be joint;
(D) where such a college should be located;
(E) under which Federal agency such a college should be administered; and
(F) interim efforts to improve the coordination of existing cyber and information environment education programs; and
(3) assess the global current and future cyber and information security environment and its effect on the national security of the United States, including--
(A) the cyber workforce capacity of rival state armed forces and non-state actors and potential cyber operations to enable their warfighting capabilities and threaten the national security of the United States; and
(B) the composition of civilian and military cyber workforces of rival state and non-state actors and how rival state and non-state actors use cyber operations to undermine the economic strength, political will, and military might of the United States.
(b) Report Required.--
(1) In general.--Not later than May 31, 2022, the Director shall provide the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a briefing and, not later than December 1, 2022, the Director shall submit to such committees a report on--
(A) the findings of the Director in carrying out subsection
(a);
(B) an implementation plan to achieve future information security and cyber education requirements at appropriate locations;
(C) such recommendations as the Director may have for personnel needs in information warfare and the cyberspace domain; and
(D) such legislative or administrative action as the Director identifies as necessary to effectively meet cyber personnel requirements.
(2) Form.--In presenting and submitting findings under paragraph (1)(A) with respect to subsection (a)(3), the Director may--
(A) when providing the briefing required by such paragraph, present such findings in a classified setting; and
(B) when submitting the report required by such paragraph, include such findings in a classified annex.
(c) Definitions.--In this section:
(1) The term ``education'' includes formal education requirements, such as degrees and certification in targeted subject areas, but also general training, including--
(A) reskilling;
(B) knowledge, skills, and abilities; and
(C) nonacademic professional development.
(2) The term ``intelligence community'' has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
______
SA 4183. Mrs. SHAHEEN (for herself and 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 end of subtitle F of title XII, add the following:
SEC. 1264. REPORTS ON JOINT STATEMENT OF THE UNITED STATES
AND GERMANY ON SUPPORTING UKRAINE, EUROPEAN
ENERGY SECURITY, AND CLIMATE GOALS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States remains opposed to the completion of the Nord Stream 2 pipeline, which threatens the energy security of many European allies;
(2) the United States is concerned by recent efforts by the Russian Federation to weaponize gas supplies to advance its geopolitical agenda and exploit the vulnerabilities of Eastern European companies; and
(3) the Government of Germany must make every effort--
(A) to act upon all deliverables outlined in the joint statement reached between the United States and Germany on July 15, 2021;
(B) to apply sanctions with respect to the Russian Federation for any malign activity that weaponizes gas supplies to European allies; and
(C) to comply with the regulatory framework under the European Union's Third Energy Package with respect to Nord Stream 2.
(b) Report.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter through September 30, 2023, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of the United States-Germany climate and energy joint statement announced by the President on July 15, 2021.
(2) Elements.--Each report required by paragraph (1) shall include the following:
(A) A description of efforts undertaken by Germany to execute the elements of such joint statement, including efforts--
(i) to implement assistance programs that--
(I) support energy diversification in Ukraine; and
(II) commit funding to, and mobilize investments toward, sustainable energy;
(ii) to support Ukraine in negotiations with Gazprom to extend the current transit agreement; and
(iii) to engage more deeply in the Minsk Agreements and the Normandy Format for a political solution to the Russian Federation's illegal occupation of Crimea.
(B) An assessment of activities by the United States and Germany to advance and provide funding for the Three Seas Initiative.
(C) A description of any activity of, or supported by, the Government of the Russian Federation--
(i) to weaponize the gas supplies of the Russian Federation so as to exert political pressure upon any European country;
(ii) to withhold gas supplies for the purpose of extracting excessive profit over European customers; or
(iii) to seek exemption from the European Union's Third Energy Package regulatory framework.
______
SA 4184. Mr. BRAUN (for himself and Ms. Stabenow) 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__. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND
THIRD-PARTY VERIFIER CERTIFICATION PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to facilitate the participation of farmers, ranchers, and private forest landowners in voluntary environmental credit markets, including through the Program;
(2) to facilitate the provision of technical assistance through covered entities to farmers, ranchers, and private forest landowners in overcoming barriers to entry into voluntary environmental credit markets;
(3) to assist covered entities in certifying under the Program; and
(4) to establish the Advisory Council to advise the Secretary regarding the Program and other related matters.
(b) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program Advisory Council established under subsection (g)(1).
(2) Agriculture or forestry credit.--The term ``agriculture or forestry credit'' means a credit derived from the prevention, reduction, or mitigation of greenhouse gas emissions or carbon sequestration on agricultural land or private forest land that may be bought or sold on a voluntary environmental credit market.
(3) Beginning farmer or rancher.--The term ``beginning farmer or rancher'' has the meaning given the term in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).
(4) Covered entity.--The term ``covered entity'' means a person or State that either--
(A) is a provider of technical assistance to farmers, ranchers, or private forest landowners in carrying out sustainable land use management practices that--
(i) prevent, reduce, or mitigate greenhouse gas emissions; or
(ii) sequester carbon; or
(B) is a third-party verifier entity that conducts the verification of the processes described in protocols for voluntary environmental credit markets.
(5) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide; and
(D) any other gas that the Secretary, in consultation with the Advisory Council, determines has been identified to have heat trapping qualities.
(6) Program.--The term ``Program'' means the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program established under subsection (c).
(7) Protocol.--The term ``protocol'' means a systematic approach that follows a science-based methodology that is transparent and thorough to establish requirements--
(A) for the development of projects to prevent, reduce, or mitigate greenhouse gas emissions or sequester carbon that include 1 or more baseline scenarios; and
(B) to quantify, monitor, report, and verify the prevention, reduction, or mitigation of greenhouse gas emissions or carbon sequestration by projects described in subparagraph (A).
(8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.
(9) Socially disadvantaged farmer or rancher; socially disadvantaged group.--The terms ``socially disadvantaged farmer or rancher'' and ``socially disadvantaged group'' have the meaning given those terms in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)).
(10) Technical assistance.--The term ``technical assistance'' means technical expertise, information, and tools necessary to assist a farmer, rancher, or private forest landowner who is engaged in or wants to engage in a project to prevent, reduce, or mitigate greenhouse gas emissions or sequester carbon to meet a protocol.
(11) Voluntary environmental credit market.--The term
``voluntary environmental credit market'' means a voluntary market through which agriculture or forestry credits may be bought or sold.
(c) Establishment.--
(1) In general.--On the date that is 270 days after the date of enactment of this Act, and after making a positive determination under paragraph (2), the Secretary shall establish a voluntary program, to be known as the
``Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program'', to certify covered entities that the Secretary determines meet the requirements described in subsection (d).
(2) Determination.--The Secretary shall establish the Program only if, after considering relevant information, including the information collected or reviewed relating to the assessment conducted under subsection (h)(1)(A), the Secretary determines that the Program will further each of the purposes described in paragraphs (1) and (2) of subsection (a).
(3) Report.--If the Secretary determines under paragraph
(2) that the Program would not further the purposes described in paragraph (1) or (2) of subsection (a) and does not establish the Program, the Secretary shall publish a report describing the reasons the Program would not further those purposes.
(d) Certification Qualifications.--
(1) In general.--
(A) Protocols and qualifications.--After providing public notice and at least a 60-day period for public comment, the Secretary shall, during the 90-day period beginning on the date on which the Program is established, publish--
(i) a list of, and documents relating to, recognized protocols for voluntary environmental credit markets that are designed to ensure consistency, reliability, effectiveness, efficiency, and transparency, including protocol documents and details relating to--
(I) calculations;
(II) sampling methodologies;
(III) accounting principles;
(IV) systems for verification, monitoring, measurement, and reporting; and
(V) methods to account for additionality, permanence, leakage, and, where appropriate, avoidance of double counting; and
(ii) descriptions of qualifications for covered entities that--
(I) demonstrate that the covered entity can assist farmers, ranchers, and private forest landowners in accomplishing the purposes described in paragraphs (1) and (2) of subsection
(a); and
(II) demonstrate proficiency with the protocols described in clause (i).
(B) Requirements.--Covered entities certified under the Program shall maintain expertise in the protocols described in subparagraph (A)(i), adhere to the qualifications described in subparagraph (A)(ii), and adhere to any relevant conflict of interest requirements, as determined appropriate by the Secretary, for--
(i) the provision of technical assistance to farmers, ranchers, and private forest landowners for carrying out activities described in paragraph (2); or
(ii) the verification of the processes described in protocols for voluntary environmental credit markets that are used in carrying out activities described in paragraph (2).
(2) Activities.--The activities for which covered entities may provide technical assistance or conduct verification of processes under the Program are current and future activities that prevent, reduce, or mitigate greenhouse gas emissions or sequester carbon, which may include--
(A) land or soil carbon sequestration;
(B) emissions reductions derived from fuel choice or reduced fuel use;
(C) livestock emissions reductions, including emissions reductions achieved through--
(i) feeds, feed additives, and the use of byproducts as feed sources; or
(ii) manure management practices;
(D) on-farm energy generation;
(E) energy feedstock production;
(F) fertilizer or nutrient use emissions reductions;
(G) reforestation;
(H) forest management, including improving harvesting practices and thinning diseased trees;
(I) prevention of the conversion of forests, grasslands, and wetlands;
(J) restoration of wetlands or grasslands;
(K) grassland management, including prescribed grazing;
(L) current practices associated with private land conservation programs administered by the Secretary; and
(M) such other activities, or combinations of activities, that the Secretary, in consultation with the Advisory Council, determines to be appropriate.
(3) Requirements.--In publishing the list of protocols and description of qualifications under paragraph (1)(A), the Secretary, in consultation with the Advisory Council, shall--
(A) ensure that the requirements for covered entities to certify under the Program include maintaining expertise in all relevant information relating to market-based protocols, as appropriate, with regard to--
(i) quantification;
(ii) verification;
(iii) additionality;
(iv) permanence;
(v) reporting; and
(vi) other expertise, as determined by the Secretary; and
(B) ensure that a covered entity certified under the Program is required to perform, and to demonstrate expertise, as determined by the Secretary, in accordance with best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions or sequester carbon.
(4) Periodic review.--As appropriate, the Secretary shall periodically review and revise the list of protocols and description of certification qualifications published under paragraph (1)(A) to include any additional protocols or qualifications that meet the requirements described in subparagraphs (A) and (B) of paragraph (3).
(e) Certification, Website, and Publication of Lists.--
(1) Certification.--A covered entity may self-certify under the Program by submitting to the Secretary, through a website maintained by the Secretary--
(A) a notification that the covered entity will--
(i) maintain expertise in the protocols described in clause
(i) of subsection (d)(1)(A); and
(ii) adhere to the qualifications described in clause (ii) of that subsection; and
(B) appropriate documentation demonstrating the expertise described in subparagraph (A)(i) and qualifications described in subparagraph (A)(ii).
(2) Website and solicitation.--During the 180-day period beginning on the date on which the Program is established, the Secretary shall publish, through an existing website maintained by the Secretary--
(A) information describing how covered entities may self-certify under the Program in accordance with paragraph (1);
(B) information describing how covered entities may obtain, through private training programs or Department of Agriculture training programs, the requisite expertise--
(i) in the protocols described in clause (i) of subsection
(d)(1)(A); and
(ii) to meet the qualifications described in clause (ii) of that subsection;
(C) the protocols and qualifications published by the Secretary under subsection (d)(1)(A); and
(D) instructions and suggestions to assist farmers, ranchers, and private forest landowners in facilitating the development of agriculture or forestry credits and accessing voluntary environmental credit markets, including--
(i) through working with covered entities certified under the Program; and
(ii) by providing information relating to programs, registries, and protocols of programs and registries that provide market-based participation opportunities for working and conservation agricultural and forestry lands.
(3) Publication.--During the 1-year period beginning on the date on which the Program is established, the Secretary, in consultation with the Advisory Council and following the review by the Secretary for completeness and accuracy of the certification notifications and documentation submitted under paragraph (1), shall use an existing website maintained by the Secretary to publish--
(A) a list of covered entities that are certified under paragraph (1) as technical assistance providers; and
(B) a list of covered entities that are certified under paragraph (1) as verifiers of the processes described in protocols for voluntary environmental credit markets.
(4) Updates.--Not less frequently than quarterly, the Secretary, in consultation with the Advisory Council, shall update the lists published under paragraph (3).
(5) Submission.--The Secretary shall notify Congress of the publication of the initial list under paragraph (3).
(6) Requirement.--To remain certified under the Program, a covered entity shall continue--
(A) to maintain expertise in the protocols described in subparagraph (A)(i) of subsection (d)(1); and
(B) to adhere to the qualifications described in subparagraph (A)(ii) of that subsection.
(7) Auditing.--Not less frequently than annually, the Secretary shall conduct audits of covered entities that are certified under the Program to ensure compliance with the requirements under subsection (d)(1)(B) through an audit process that includes a representative sample of--
(A) technical assistance providers; and
(B) verifiers of the processes described in protocols for voluntary environmental credit markets.
(8) Revocation of certification.--
(A) In general.--The Secretary may revoke the certification of a covered entity under the Program in the event of--
(i) noncompliance with the requirements under subsection
(d)(1)(B); or
(ii) a violation of subsection (f)(2)(A).
(B) Notification.--If the Secretary revokes a certification of a covered entity under subparagraph (A), to the extent practicable, the Secretary shall--
(i) request from that covered entity contact information for all farmers, ranchers, and private forest landowners to which the covered entity provided technical assistance or the verification of the processes described in protocols for voluntary environmental credit markets; and
(ii) notify those farmers, ranchers, and private forest landowners of the revocation.
(9) Fair treatment of farmers.--The Secretary shall ensure, to the maximum extent practicable, that covered entities certified under paragraph (1) act in good faith--
(A) to provide realistic estimates of costs and revenues relating to activities and verification of processes, as applicable to the covered entity, as described in subsection
(d)(2); and
(B) in the case of technical assistance providers, to assist farmers, ranchers, and private forest landowners in ensuring that the farmers, ranchers, and private forest landowners receive fair distribution of revenues derived from the sale of an agriculture or forestry credit.
(10) Savings clause.--Nothing in this section authorizes the Secretary to compel a farmer, rancher, or private forest landowner to participate in a transaction or project facilitated by a covered entity certified under paragraph
(1).
(f) Enforcement.--
(1) Prohibition on claims.--
(A) In general.--A person that is not certified under the Program in accordance with this section shall not knowingly make a claim that the person is a ``USDA-certified technical assistance provider or third-party verifier for voluntary environmental credit markets'' or any substantially similar claim.
(B) Penalty.--Any person that violates subparagraph (A) shall be--
(i) subject to a civil penalty equal to such amount as the Secretary determines to be appropriate, not to exceed $1,000 per violation; and
(ii) ineligible to certify under the Program for the 5-year period beginning on the date of the violation.
(2) Submission of fraudulent information.--
(A) In general.--A person, regardless of whether the person is certified under the program, shall not submit fraudulent information as part of a notification under subsection
(e)(1).
(B) Penalty.--Any person that violates subparagraph (A) shall be--
(i) subject to a civil penalty equal to such amount as the Secretary determines to be appropriate, not to exceed $1,000 per violation; and
(ii) ineligible to certify under the Program for the 5-year period beginning on the date of the violation.
(g) Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program Advisory Council.--
(1) In general.--During the 90-day period beginning on the date on which the Program is established, the Secretary shall establish an advisory council, to be known as the
``Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program Advisory Council''.
(2) Membership.--
(A) In general.--The Advisory Council shall be composed of members appointed by the Secretary in accordance with this paragraph.
(B) General representation.--The Advisory Council shall--
(i) be broadly representative of the agriculture and private forest sectors;
(ii) include socially disadvantaged farmers and ranchers and other historically underserved farmers, ranchers, or private forest landowners; and
(iii) be composed of not less than 51 percent farmers, ranchers, or private forest landowners.
(C) Members.--Members appointed under subparagraph (A) shall include--
(i) not more than 2 representatives of the Department of Agriculture, as determined by the Secretary;
(ii) not more than 1 representative of the Environmental Protection Agency, as determined by the Administrator of the Environmental Protection Agency;
(iii) not more than 1 representative of the National Institute of Standards and Technology;
(iv) not fewer than 12 representatives of the agriculture industry, appointed in a manner that is broadly representative of the agriculture sector, including not fewer than 6 active farmers and ranchers;
(v) not fewer than 4 representatives of private forest landowners or the forestry and forest products industry appointed in a manner that is broadly representative of the private forest sector;
(vi) not more than 4 representatives of the relevant scientific research community, including not fewer than 2 representatives from land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)), of which 1 shall be a representative of a college or university eligible to receive funds under the Act of August 30, 1890 (commonly known as the ``Second Morrill Act'') (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University;
(vii) not more than 2 experts or professionals familiar with voluntary environmental credit markets and the verification requirements in those markets;
(viii) not more than 3 members of nongovernmental or civil society organizations with relevant expertise, of which not fewer than 1 shall represent the interests of socially disadvantaged groups;
(ix) not more than 3 members of private sector entities or organizations that participate in voluntary environmental credit markets through which agriculture or forestry credits are bought and sold; and
(x) any other individual whom the Secretary determines to be necessary to ensure that the Advisory Council is composed of a diverse group of representatives of industry, academia, independent researchers, and public and private entities.
(D) Chair.--The Secretary shall designate a member of the Advisory Council to serve as the Chair.
(E) Terms.--
(i) In general.--The term of a member of the Advisory Council shall be 2 years, except that, of the members first appointed--
(I) not fewer than 8 members shall serve for a term of 1 year;
(II) not fewer than 12 members shall serve for a term of 2 years; and
(III) not fewer than 12 members shall serve for a term of 3 years.
(ii) Additional terms.--After the initial term of a member of the Advisory Council, including the members first appointed, the member may serve not more than 4 additional 2-year terms.
(3) Meetings.--
(A) Frequency.--The Advisory Council shall meet not less frequently than annually, at the call of the Chair.
(B) Initial meeting.--During the 90-day period beginning on the date on which the members are appointed under paragraph
(2)(A), the Advisory Council shall hold an initial meeting.
(4) Duties.--The Advisory Council shall--
(A) periodically review and recommend any appropriate changes to--
(i) the list of protocols and description of qualifications published by the Secretary under subsection (d)(1)(A); and
(ii) the requirements described in subsection (d)(1)(B);
(B) make recommendations to the Secretary regarding the best practices that should be included in the protocols, description of qualifications, and requirements described in subparagraph (A); and
(C) advise the Secretary regarding--
(i) the current methods used by voluntary environmental credit markets to quantify and verify the prevention, reduction, and mitigation of greenhouse gas emissions or sequestration of carbon;
(ii) additional considerations for certifying covered entities under the Program;
(iii) means to reduce barriers to entry in the business of providing technical assistance or the verification of the processes described in protocols for voluntary environmental credit markets for covered entities, including by improving technical assistance provided by the Secretary;
(iv) means to reduce compliance and verification costs for farmers, ranchers, and private forest landowners in entering voluntary environmental credit markets, including through mechanisms and processes to aggregate the value of activities across land ownership;
(v) issues relating to land and asset ownership in light of evolving voluntary environmental credit markets; and
(vi) additional means to reduce barriers to entry in voluntary environmental credit markets for farmers, ranchers, and private forest landowners, particularly for historically underserved, socially disadvantaged, or limited resource farmers, ranchers, or private forest landowners.
(5) Compensation.--The members of the Advisory Council shall serve without compensation.
(6) Conflict of interest.--The Secretary shall prohibit any member of the Advisory Council from--
(A) engaging in any determinations or activities of the Advisory Council that may result in the favoring of, or a direct and predictable effect on--
(i) the member or a family member, as determined by the Secretary;
(ii) stock owned by the member or a family member, as determined by the Secretary; or
(iii) the employer of, or a business owned in whole or in part by, the member or a family member, as determined by the Secretary; or
(B) providing advice or recommendations regarding, or otherwise participating in, matters of the Advisory Council that--
(i) constitute a conflict of interest under section 208 of title 18, United States Code; or
(ii) may call into question the integrity of the Advisory Council, the Program, or the technical assistance or verification activities described under subsection (d)(2).
(7) FACA applicability.--The Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.), except that section 14(a)(2) of that Act shall not apply.
(h) Assessment.--
(1) In general.--Not later than 240 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall--
(A) conduct an assessment, including by incorporating information from existing publications and reports of the Department of Agriculture and other entities with relevant expertise, regarding--
(i) the number and categories of non-Federal actors in the nonprofit and for-profit sectors involved in buying, selling, and trading agriculture or forestry credits in voluntary environmental credit markets;
(ii) the estimated overall domestic market demand for agriculture or forestry credits at the end of the preceding 4-calendar year period, and historically, in voluntary environmental credit markets;
(iii) the total number of agriculture or forestry credits
(measured in metric tons of carbon dioxide equivalent) that were estimated to be in development, generated, or sold in market transactions during the preceding 4-calendar year period, and historically, in voluntary environmental credit markets;
(iv) the estimated supply and demand of metric tons of carbon dioxide equivalent of offsets in the global marketplace for the next 4 years;
(v) the barriers to entry due to compliance and verification costs described in subsection (g)(4)(C)(iv);
(vi) the state of monitoring and measurement technologies needed to quantify long-term carbon sequestration in soils and from other activities to prevent, reduce, or mitigate greenhouse gas emissions in the agriculture and forestry sectors;
(vii) means to reduce barriers to entry into voluntary environmental credit markets for small, beginning, and socially disadvantaged farmers, ranchers, and private forest landowners and the extent to which existing protocols in voluntary environmental credit markets allow for aggregation of projects among farmers, ranchers, and private forest landowners;
(viii) means to leverage existing Department of Agriculture programs and other Federal programs that could improve, lower the costs of, and enhance the deployment of monitoring and measurement technologies described in clause (vi);
(ix) the potential impact of Department of Agriculture activities on supply and demand of agriculture or forestry credits;
(x) the potential role of the Department of Agriculture in encouraging innovation in voluntary environmental credit markets;
(xi) the extent to which the existing regimes for generating and selling agriculture or forestry credits, as the regimes exist at the end of the preceding 4-calendar year period, and historically, and existing voluntary environmental credit markets, may be impeded or constricted, or achieve greater scale and reach, if the Department of Agriculture were involved, including by considering the role of the Department of Agriculture in reducing the barriers to entry identified under clause (v), including by educating stakeholders about voluntary environmental credit markets;
(xii) the extent to which existing protocols in voluntary environmental credit markets, including verification, additionality, permanence, and reporting, adequately take into consideration and account for factors encountered by the agriculture and private forest sectors in preventing, reducing, or mitigating greenhouse gases or sequestering carbon through agriculture and forestry practices, considering variances across regions, topography, soil types, crop or species varieties, and business models;
(xiii) the extent to which existing protocols in voluntary environmental credit markets consider options to ensure the continued valuation, through discounting or other means, of agriculture and forestry credits in the case of the practices underlying those credits being disrupted due to unavoidable events, including production challenges and natural disasters; and
(xiv) opportunities for other voluntary markets outside of voluntary environmental credit markets to foster the trading, buying, or selling of credits that are derived from activities that provide other ecosystem service benefits, including activities that improve water quality, water quantity, wildlife habitat enhancement, and other ecosystem services, as the Secretary determines appropriate;
(B) publish the assessment; and
(C) submit the assessment to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives.
(2) Quadriennial assessment.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Advisory Council, shall conduct the assessment described in paragraph (1)(A) and publish and submit the assessment in accordance with subparagraphs (B) and (C) of paragraph (1) every 4 years after the publication and submission of the first assessment under subparagraphs
(B) and (C) of paragraph (1).
(i) Report.--Not later than 2 years after the date on which the Program is established, and every 2 years thereafter, the Secretary shall publish and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing, for the period covered by the report--
(1) the number of covered entities that--
(A) were registered under the Program;
(B) were new registrants under the Program, if applicable; and
(C) did not renew their registration under the Program, if applicable;
(2) each covered entity the certification of which was revoked by the Secretary under subsection (e)(8);
(3) a review of the outcomes of the Program, including--
(A) the ability of farmers, ranchers, and private forest landowners, including small, beginning, and socially disadvantaged farmers, ranchers, and private forest landowners, to develop agriculture or forestry credits through covered entities certified under the Program;
(B) methods to improve the ability of farmers, ranchers, and private forest landowners to overcome barriers to entry to voluntary environmental credit markets; and
(C) methods to further facilitate participation of farmers, ranchers, and private forest landowners in voluntary environmental credit markets; and
(4) any recommendations for improvements to the Program.
(j) Confidentiality.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph (2), the Secretary, any other officer or employee of the Department of Agriculture or any agency of the Department of Agriculture, or any other person may not disclose to the public the information held by the Secretary described in subparagraph (B).
(B) Information.--
(i) In general.--Except as provided in clause (ii), the information prohibited from disclosure under subparagraph (A) is--
(I) information collected by the Secretary or published by the Secretary under subsection (h) or (i);
(II) personally identifiable information, including in a contract or service agreement, of a farmer, rancher, or private forest landowner, obtained by the Secretary under paragraph (7) or (8)(B)(i) of subsection (e); and
(III) confidential business information in a contract or service agreement of a farmer, rancher, or private forest landowner obtained by the Secretary under paragraph (7) or
(8)(B)(i) of subsection (e).
(ii) Aggregated release.--Information described in clause
(i) may be released to the public if the information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied or is the subject of the particular information.
(2) Exception.--Paragraph (1) shall not prohibit the disclosure--
(A) of the name of any covered entity published and submitted by the Secretary under subsection (i)(2); or
(B) by an officer or employee of the Federal Government of information described in paragraph (1)(B) as otherwise directed by the Secretary or the Attorney General for enforcement purposes.
(k) Funding.--
(1) Authorization of appropriations.--In addition to the amount made available under paragraph (2), there is authorized to be appropriated to carry out this section
$1,000,000 for each of fiscal years 2022 through 2026.
(2) Direct funding.--
(A) Rescission.--There is rescinded $4,100,000 of the unobligated balance of amounts made available by section 1003 of the American Rescue Plan Act of 2021 (Public Law 117-2).
(B) Direct funding.--If sufficient unobligated amounts made available by section 1003 of the American Rescue Plan Act of 2021 (Public Law 117-2) are available on the date of enactment of this Act to execute the entire rescission described in subparagraph (A), then on the day after the execution of the entire rescission, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $4,100,000 to carry out this section.
______
SA 4185. Mr. PORTMAN (for himself, Mr. Coons, and Mr. Burr) 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. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL
REEF CONSERVATION ACT OF 1998.
Section 806(d) of the Tropical Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the following new paragraphs:
``(9) $20,000,000 for fiscal year 2022.
``(10) $20,000,000 for fiscal year 2023.
``(11) $20,000,000 for fiscal year 2024.
``(12) $20,000,000 for fiscal year 2025.
``(13) $20,000,000 for fiscal year 2026.''.
______
SA 4186. 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. __. PROHIBITION ON OPERATION OR PROCUREMENT OF CERTAIN
FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--Except as provided in subsections (b), (c), and (d)(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
(C) for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training.
(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.
(c) Federal Aviation Administration Center of Excellence for Unmanned Aircraft Systems Exemption.--The restriction under subsection (a) shall not apply with respect to the operation or procurement of a UAS which the Secretary of Transportation, in consultation with the Secretary of Homeland Security, determines is for the sole purposes of research, evaluation, training, testing, or analysis for the Federal Aviation Administration's Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) for Unmanned Aircraft Systems.
(d) Effective Dates.--
(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.
(e) 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
(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.
(f) 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).
______
SA 4187. Mrs. MURRAY (for herself and Mr. Manchin) 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 XXXI, add the following:
Subtitle F--Toxic Exposure Safety
SEC. 3161. SHORT TITLE.
This subtitle may be cited as the ``Toxic Exposure Safety Act of 2021''.
SEC. 3162. PROVIDING INFORMATION REGARDING DEPARTMENT OF
ENERGY FACILITIES.
Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is amended by inserting after section 3681 the following:
``SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPOSURE
MATRICES.
``(a) Definition.--In this section, the term `site exposure matrices' means an exposure assessment of a Department of Energy facility that identifies the toxic substances or processes that were used in each building or process of the facility, including the trade name (if any) of the substance.
``(b) In General.--Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021, the Secretary of Labor shall, in coordination with the Secretary of Energy, create or update site exposure matrices for each Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy.
``(c) Periodic Update.--Beginning 90 days after the initial creation or update described in subsection (b), and each 90 days thereafter, the Secretary shall update the site exposure matrices with all information available as of such time from the Secretary of Energy.
``(d) Information.--The Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of the site exposure matrices under this section, including records from the Department of Energy former worker medical screening program.
``(e) Public Availability.--The Secretary of Labor shall make available to the public, on the primary website of the Department of Labor--
``(1) the site exposure matrices, as periodically updated under subsections (b) and (c);
``(2) each site profile prepared under section 3633(a);
``(3) any other database used by the Secretary of Labor to evaluate claims for compensation under this title; and
``(4) statistical data, in the aggregate and disaggregated by each Department of Energy facility, regarding--
``(A) the number of claims filed under this subtitle;
``(B) the types of illnesses claimed;
``(C) the number of claims filed for each type of illness and, for each claim, whether the claim was approved or denied;
``(D) the number of claimants receiving compensation; and
``(E) the length of time required to process each claim, as measured from the date on which the claim is filed to the final disposition of the claim.
``(f) Funding.--There is authorized and hereby appropriated to the Secretary of Energy, for fiscal year 2022 and each succeeding year, such sums as may be necessary to support the Secretary of Labor in creating or updating the site exposure matrices.''.
SEC. 3163. ASSISTING CURRENT AND FORMER EMPLOYEES UNDER THE
EEOICPA.
(a) Providing Information and Outreach.--Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.) is amended--
(1) by redesignating section 3614 as section 3616; and
(2) by inserting after section 3613 the following:
``SEC. 3614. INFORMATION AND OUTREACH.
``(a) Establishment of Toll-free Information Phone Number.--By not later than January 1, 2022, the Secretary of Labor shall establish a toll-free phone number that current or former employees of the Department of Energy, or current or former Department of Energy contractor employees, may use in order to receive information regarding--
``(1) the compensation program under subtitle B or E;
``(2) information regarding the process of submitting a claim under either compensation program;
``(3) assistance in completing the occupational health questionnaire required as part of a claim under subtitle B or E;
``(4) the next steps to take if a claim under subtitle B or E is accepted or denied; and
``(5) such other information as the Secretary determines necessary to further the purposes of this title.
``(b) Establishment of Resource and Advocacy Centers.--
``(1) In general.--By not later than January 1, 2024, the Secretary of Energy, in coordination with the Secretary of Labor, shall establish a resource and advocacy center at each Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. Each such resource and advocacy center shall assist current or former Department of Energy employees and current or former Department of Energy contractor employees, by enabling the employees and contractor employees to--
``(A) receive information regarding all related programs available to them relating to potential claims under this title, including--
``(i) programs under subtitles B and E; and
``(ii) the former worker medical screening program of the Department of Energy; and
``(B) navigate all such related programs.
``(2) Coordination.--The Secretary of Energy shall integrate other programs available to current and former employees, and current or former Department of Energy contractor employees, which are related to the purposes of this title, with the resource and advocacy centers established under paragraph (1), as appropriate.
``(c) Information.--The Secretary of Labor shall develop and distribute, through the resource and advocacy centers established under subsection (b) and other means, information
(which may include responses to frequently asked questions) for current or former employees or current or former Department of Energy contractor employees about the programs under subtitles B and E and the claims process under such programs.
``(d) Copy of Employee's Claims Records.--
``(1) In general.--The Secretary of Labor shall, upon the request of a current or former employee or Department of Energy contractor employee, provide the employee with a complete copy of all records or other materials held by the Department of Labor relating to the employee's claim under subtitle B or E.
``(2) Choice of format.--The Secretary of Labor shall provide the copy of records described in paragraph (1) to an employee in electronic or paper form, as selected by the employee.
``(e) Contact of Employees by Industrial Hygienists.--The Secretary of Labor shall allow industrial hygienists to contact and interview current or former employees or Department of Energy contractor employees regarding the employee's claim under subtitle B or E.''.
(b) Extending Appeal Period.--Section 3677(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-6(a)) is amended by striking ``60 days'' and inserting ``180 days''.
(c) Funding.--Section 3684 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-13) is amended--
(1) by striking ``There is authorized'' and inserting the following:
``(a) In General.--There is authorized'';
(2) by inserting before the period at the end the following: ``, including the amounts necessary to carry out the requirements of section 3681A''; and
(3) by adding at the end the following:
``(b) Administrative Costs for Department of Energy.--There is authorized and hereby appropriated to the Secretary of Energy for fiscal year 2022 and each succeeding year such sums as may be necessary to support the Secretary in carrying out the requirements of this title, including section 3681A.''.
(d) Advisory Board on Toxic Substances and Worker Health.--Section 3687 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-16) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(F), by striking ``and'' after the semicolon;
(B) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(3) develop recommendations for the Secretary of Health and Human Services regarding whether there is a class of Department of Energy employees, Department of Energy contractor employees, or other employees at any Department of Energy facility who were at least as likely as not exposed to toxic substances at that facility but for whom it is not feasible to estimate with sufficient accuracy the dose they received; and
``(4) review all existing, as of the date of the review, rules and guidelines issued by the Secretary regarding presumption of causation and provide the Secretary with recommendations for new rules and guidelines regarding presumption of causation.'';
(2) in subsection (c)(3), by inserting ``or the Board'' after ``The Secretary'';
(3) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(4) by inserting after subsection (g) the following:
``(h) Required Responses to Board Recommendations.--Not later than 90 days after the date on which the Secretary of Labor and the Secretary of Health and Human Services receives recommendations in accordance with paragraph (1), (3), or (4) of subsection (b), such Secretary shall submit formal responses to each recommendation to the Board and Congress.''.
SEC. 3164. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF
TOXIC EXPOSURES.
(a) Definitions.--In this section--
(1) the term ``Department of Energy facility'' has the meaning given the term in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l);
(2) the term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and
(3) the term ``Secretary'' means the Secretary of Health and Human Services.
(b) Establishment.--The Secretary, acting through the Director of the National Institute of Environmental Health Sciences and in collaboration with the Director of the Centers for Disease Control and Prevention, shall conduct or support research on the epidemiological impacts of exposures to toxic substances at Department of Energy facilities.
(c) Use of Funds.--Research under subsection (b) may include research on the epidemiological, clinical, or health impacts on individuals who were exposed to toxic substances in or near the tank or other storage farms and other relevant Department of Energy facilities through their work at such sites.
(d) Eligibility and Application.--Any institution of higher education or the National Academy of Sciences may apply for funding under this section by submitting to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require.
(e) Research Coordination.--The Secretary shall coordinate activities under this section with similar activities conducted by the Department of Health and Human Services to the extent that other agencies have responsibilities that are related to the study of epidemiological, clinical, or health impacts of exposures to toxic substances.
(f) Health Studies Report to Secretary.--Not later than 1 year after the end of the funding period for research under this section, the funding recipient shall prepare and submit to the Secretary a final report that--
(1) summarizes the findings of the research;
(2) includes recommendations for any additional studies;
(3) describes any classes of employees that, based on the results of the report, could warrant the establishment of a Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) for toxic substances exposures; and
(4) describes any illnesses to be included as covered illnesses under such Act (42 U.S.C. 7384 et seq.).
(g) Report to Congress.--
(1) In general.--Not later than 120 days after the date on which the reports under subsection (f) are due, the Secretary shall--
(A) identify a list of cancers and other illnesses associated with toxic substances that pose, or posed, a hazard in the work environment at any Department of Energy facility; and
(B) prepare and submit to the relevant committees of Congress a report--
(i) summarizing the findings from the reports required under subsection (f);
(ii) identifying any new illnesses that, as a result of the study, will be included as covered illnesses, pursuant to subsection (f)(4) and section 3671(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s(2)); and
(iii) including the Secretary's recommendations for additional health studies relating to toxic substances, if the Secretary determines it necessary.
(2) Relevant committees of congress defined.--In this subsection, the term ``relevant committees of Congress'' means--
(A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and Committee on Health, Education, Labor, and Pensions of the Senate; and
(B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and Committee on Education and Labor of the House of Representatives.
(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2026.
SEC. 3165. NATIONAL ACADEMY OF SCIENCES REVIEW.
Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.), as amended by section 3163, is further amended by inserting after section 3614 the following:
``SEC. 3615. NATIONAL ACADEMY OF SCIENCES REVIEW.
``(a) Purpose.--The purpose of this section is to enable the National Academy of Sciences, a non-Federal entity with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances found at Department of Energy cleanup sites.
``(b) Definitions.--In this section:
``(1) Department of energy cleanup site.--The term
`Department of Energy cleanup site' means a Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy.
``(2) Health studies report.--The term `health studies report' means the report submitted under section 3164(f) of the Toxic Exposure Safety Act of 2021.
``(c) Agreement.--Not later than 60 days after the issuance of the health studies report, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to carry out the requirements of this section.
``(d) Review of Scientific and Medical Evidence.--
``(1) In general.--Under the agreement described in subsection (c), the National Academy of Sciences shall, for the period of the agreement--
``(A) for each area recommended for additional study under the health studies report under section 3164(f)(2) of the Toxic Exposure Safety Act of 2021, review and summarize the scientific evidence relating to the area, including--
``(i) studies by the Department of Energy and Department of Labor; and
``(ii) any other available and relevant scientific studies, to the extent that such studies are relevant to the occupational exposures that have occurred at Department of Energy cleanup sites; and
``(B) review and summarize the scientific and medical evidence concerning the association between exposure to toxic substances found at Department of Energy cleanup sites and resultant diseases.
``(2) Scientific determinations concerning diseases.--In conducting each review of scientific evidence under subparagraphs (A) and (B) of paragraph (1), the National Academy of Sciences shall--
``(A) assess the strength of such evidence;
``(B) assess whether a statistical association between exposure to a toxic substance and a disease exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect an association;
``(C) assess the increased risk of disease among those exposed to the toxic substance during service during the production and cleanup eras of the Department of Energy cleanup sites;
``(D) survey the impact to health of the toxic substance, focusing on hematologic, renal, urologic, hepatic, gastrointestinal, neurologic, dermatologic, respiratory, endocrine, ocular, ear, nasal, and oropharyngeal diseases, including dementia, leukemia, chemical sensitivities, and chronic obstructive pulmonary disease; and
``(E) determine whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the toxic substance and disease.
``(e) Additional Scientific Studies.--If the National Academy of Sciences determines, in the course of conducting the studies under subsection (d), that additional studies are needed to resolve areas of continuing scientific uncertainty relating to toxic exposure at Department of Energy cleanup sites, the National Academy of Sciences shall include, in the next report submitted under subsection (f), recommendations for areas of additional study, consisting of--
``(1) a list of diseases and toxins that require further evaluation and study;
``(2) a review the current information available, as of the date of the report, relating to such diseases and toxins;
``(3) the value of the information that would result from the additional studies; and
``(4) the cost and feasibility of carrying out additional studies.
``(f) Reports.--
``(1) In general.--By not later than 18 months after the date of the agreement under subsection (c), and every 2 years thereafter, the National Academy of Sciences shall prepare and submit a report to--
``(A) the Secretary;
``(B) the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate; and
``(C) the Committee on Natural Resources, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives.
``(2) Contents.--Each report submitted under paragraph (1) shall include, for the 18-month or 2-year period covered by the report--
``(A) a description of--
``(i) the reviews and studies conducted under this section;
``(ii) the determinations and conclusions of the National Academy of Sciences with respect to such reviews and studies; and
``(iii) the scientific evidence and reasoning that led to such conclusions;
``(B) the recommendations for further areas of study made under subsection (e) for the reporting period;
``(C) a description of any classes of employees that, based on the results of the reviews and studies, could qualify as a Special Exposure Cohort; and
``(D) the identification of any illness that the National Academy of Sciences has determined, as a result of the reviews and studies, should be a covered illness.
``(g) Limitation on Authority.--The authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available.
``(h) Sunset.--This section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences transmits to the Secretary the first report under subsection (f).''.
SEC. 3166. CONFORMING AMENDMENTS.
The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) is amended--
(1) in the table of contents--
(A) by redesignating the item relating to section 3614 as the item relating to section 3616;
(B) by inserting after the item relating to section 3613 the following:
``Sec. 3614. Information and outreach.
``Sec. 3615. National Academy of Sciences review.'';and
(C) by inserting after the item relating to section 3681 the following:
``Sec. 3681A. Completion and updates of site exposure matrices.'';and
(2) in each of subsections (b)(1) and (c) of section 3612, by striking ``3614(b)'' and inserting ``3616(b)''.
______
SA 4188. 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:
At the appropriate place in title X, insert the following:
SEC. ___ SCHOOL SAFETY.
(a) Short Title.--This section may be cited as the ``Luke and Alex School Safety Act of 2021''.
(b) Federal Clearinghouse on School Safety Best Practices.--
(1) In general.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by inserting after section 2215 the following:
``SEC. 2216. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST
PRACTICES.
``(a) Establishment.--
``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department.
``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public.
``(3) Personnel.--
``(A) Assignments.--The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section.
``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse.
``(4) Exemptions.--
``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section.
``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply for the purposes of carrying out this section.
``(b) Clearinghouse Contents.--
``(1) Consultation.--In identifying the best practices and recommendations for the Clearinghouse, the Secretary may consult with appropriate Federal, State, local, Tribal, private sector, and nongovernmental organizations.
``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum--
``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation;
``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including--
``(i) relevant research that is evidence-based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation;
``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or
``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and
``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program.
``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission.
``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations.
``(d) Continuous Improvement.--The Secretary shall--
``(1) collect for the purpose of continuous improvement of the Clearinghouse--
``(A) Clearinghouse data analytics;
``(B) user feedback on the implementation of resources, best practices, and recommendations identified by the Clearinghouse; and
``(C) any evaluations conducted on implementation of the best practices and recommendations of the Clearinghouse; and
``(2) in coordination with the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General--
``(A) regularly assess and identify Clearinghouse best practices and recommendations for which there are no resources available through Federal Government programs for implementation; and
``(B) establish an external advisory board, which shall be comprised of appropriate State, local, Tribal, private sector, and nongovernmental organizations, including organizations representing parents of elementary and secondary school students, to--
``(i) provide feedback on the implementation of best practices and recommendations of the Clearinghouse; and
``(ii) propose additional recommendations for best practices for inclusion in the Clearinghouse.
``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''.
(2) Technical amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 2215 the following:
``Sec. 2216. Federal Clearinghouse on School Safety Best Practices.''.
(c) Notification of Clearinghouse.--
(1) Notification by the secretary of education.--The Secretary of Education shall provide written notification of the publication of the Federal Clearinghouse on School Safety Best Practices (referred to in this section as the
``Clearinghouse''), as required to be established under section 2216 of the Homeland Security Act of 2002, as added by subsection (b) of this section, to--
(A) every State and local educational agency; and
(B) other Department of Education partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Education.
(2) Notification by the secretary of homeland security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by subsection (b) of this section, to--
(A) every State homeland security advisor;
(B) every State department of homeland security; and
(C) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security.
(3) Notification by the secretary of health and human services.--The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by subsection (b) of this section, to--
(A) every State department of public health; and
(B) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services.
(4) Notification by the attorney general.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by subsection (b) of this section, to--
(A) every State department of justice; and
(B) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General.
(d) Grant Program Review.--
(1) Federal grants and resources.--The Secretary of Education, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall each--
(A) review grant programs administered by their respective agency and identify any grant program that may be used to implement best practices and recommendations of the Clearinghouse;
(B) identify any best practices and recommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the best practice or recommendation as applicable to the agency; and
(C) periodically report any findings under subparagraph (B) to the appropriate committees of Congress.
(2) State grants and resources.--The Clearinghouse shall, to the extent practicable, identify, for each State--
(A) each agency responsible for school safety in the State, or any State that does not have such an agency designated;
(B) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and
(C) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse.
(e) Rules of Construction.--
(1) Waiver of requirements.--Nothing in this section or the amendments made by this section shall be construed to create, satisfy, or waive any requirement under--
(A) title II of the Americans With Disabilities Act of 1990
(42 U.S.C. 12131 et seq.);
(B) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(C) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
(D) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or
(E) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
(2) Prohibition on federally developed, mandated, or endorsed curriculum.--Nothing in this section or the amendments made by this section shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)).
______
SA 4189. Mr. WHITEHOUSE (for himself and Mr. Graham) 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. ___. PREVENTING INTERNATIONAL CYBERCRIME.
(a) Predicate Offenses.--Part I of title 18, United States Code, is amended--
(1) in section 1956(c)(7)(D)--
(A) by striking ``or section 2339D'' and inserting
``section 2339D''; and
(B) by striking ``of this title, section 46502'' and inserting ``, or section 2512 (relating to the manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices) of this title, section 46502''; and
(2) in section 1961(1), by inserting ``section 1030
(relating to fraud and related activity in connection with computers) if the act indictable under section 1030 is felonious,'' before ``section 1084''.
(b) Forfeiture.--
(1) In general.--Section 2513 of title 18, United States Code, is amended to read as follows:
``Sec. 2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property
``(a) In General.--The court, in imposing a sentence on any person convicted of a violation of section 2511 or 2512, or convicted of conspiracy to violate section 2511 or 2512, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States--
``(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of a violation of section 2511 or 2512; and
``(2) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained or retained directly or indirectly as a result of a violation of section 2511 or 2512.
``(b) Forfeiture Procedures.--Pursuant to section 2461(c) of title 28, the procedures of section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) thereof, shall apply to criminal forfeitures under this section.''.
(2) Technical and conforming amendment.--The table of sections for chapter 119 of title 18, United States Code, is amended by striking the item relating to section 2513 and inserting the following:
``2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property.''.
(c) Shutting Down Botnets.--
(1) Amendment.--Section 1345 of title 18, United States Code, is amended--
(A) in the heading, by inserting ``and abuse'' after
``fraud'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (B), by striking ``or'' at the end;
(II) in subparagraph (C), by inserting ``or'' after the semicolon; and
(III) by inserting after subparagraph (C) the following:
``(D) violating or about to violate section 1030(a)(5) of this title where such conduct has caused or would cause damage (as defined in section 1030) without authorization to 100 or more protected computers (as defined in section 1030) during any 1-year period, including by--
``(i) impairing the availability or integrity of the protected computers without authorization; or
``(ii) installing or maintaining control over malicious software on the protected computers that, without authorization, has caused or would cause damage to the protected computers;''; and
(ii) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, a violation described in subsection
(a)(1)(D),'' before ``or a Federal''; and
(C) by adding at the end the following:
``(c) A restraining order, prohibition, or other action by a court described in subsection (b), if issued in circumstances described in subsection (a)(1)(D), may, upon application of the Attorney General--
``(1) specify that no cause of action shall lie in any court against a person for complying with the restraining order, prohibition, or other action by a court; and
``(2) provide that the United States shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order, prohibition, or other action by a court.''.
(2) Technical and conforming amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by striking the item relating to section 1345 and inserting the following:
``1345. Injunctions against fraud and abuse.''.
(d) Aggravated Damage to Computers Used to Operate or Access Critical Systems and Assets.--
(1) In general.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following:
``Sec. 1030A. Aggravated damage to computers used to operate or access critical systems and assets
``(a) Offense.--It shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a computer used to operate or access critical systems and assets, if such damage results in (or, in the case of an attempted offense, would, if completed, have resulted in) the substantial impairment--
``(1) of the operation of the computer; or
``(2) of the critical systems and assets associated with such computer.
``(b) Penalty.--Any person who violates subsection (a) shall, in addition to the term of punishment provided for the felony violation of section 1030, be fined under this title, imprisoned for not more than 20 years, or both.
``(c) Prohibition on Probation.--Notwithstanding any other provision of law, a court shall not place any person convicted of a violation of this section on probation.
``(d) Definitions.--In this section--
``(1) the terms `computer' and `damage' have the meanings given the terms in section 1030; and
``(2) the term `critical systems and assets' means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety, economic security, or national security, including voter registration databases, voting machines, and other communications systems that manage the election process or report and display results on behalf of State and local governments.''.
(2) Table of sections.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following:
``1030A. Aggravated damage to computers used to operate or access critical systems and assets.''.
(e) Stopping Dealing in Botnets; Forfeiture.--Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by adding ``or'' at the end; and
(B) by inserting after paragraph (7) the following:
``(8) intentionally deals in the means of access to a protected computer, if--
``(A) the dealer knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and
``(B) the promise or agreement to pay for the means of access is made by, or on behalf of, a person the dealer knows or has reason to know intends to use the means of access to--
``(i) damage a protected computer in a manner prohibited by this section; or
``(ii) violate section 1037 or 1343;'';
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``(a)(4) or (a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)''; and
(B) in subparagraph (B), by striking ``(a)(4), or (a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)'';
(3) in subsection (e)--
(A) in paragraph (13), by striking ``and'' at the end;
(B) in paragraph (14), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(15) the term `deal' means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value.'';
(4) in subsection (g), in the first sentence, by inserting
``, except for a violation of subsection (a)(8),'' after ``of this section''; and
(5) by striking subsection (i) and inserting the following:
``(i) Criminal Forfeiture.--
``(1) In general.--The court, in imposing a sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States--
``(A) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and
``(B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation.
``(2) Applicable provisions.--The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial proceeding, shall be governed by the procedures of section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsection (d) of that section.''.
______
SA 4190. Mr. THUNE 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. NOTIFICATION OF ABANDONED UNITED STATES MILITARY
EQUIPMENT USED IN TERRORIST ATTACKS.
(a) In General.--Not later than 30 days after any element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003) determines that United States military equipment abandoned or otherwise left unsecured in Afghanistan, Iraq, or Syria has been used in a terrorist attack against the United States, allies or partners of the United States, or local populations, the Director of National Intelligence shall submit to the appropriate committees of Congress a written notification of such determination.
(b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Select Committee on Intelligence, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
______
SA 4191. Mr. THUNE 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 VI, add the following:
SEC. 607. USE OF FINANCIAL SERVICES PROVIDERS IN PROVISION OF
FINANCIAL LITERACY TRAINING FOR MEMBERS OF THE
ARMED FORCES AT MILITARY INSTALLATIONS OUTSIDE
THE UNITED STATES.
Section 992 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new subsection (d):
``(d) Training for Members Stationed Overseas.--
``(1) In general.--As part of the financial literacy training provided under this section to members of the armed forces stationed or deployed at an installation outside the United States, the commander of such installation may, in the commander's discretion, permit representatives of financial services providers serving, or intending to serve, such members to participate in such training, including in orientation briefings regularly scheduled for members newly arriving at such installation.
``(2) No endorsement.--In permitting representatives to participate in training and orientation briefings pursuant to paragraph (1), a commander may not endorse any financial services provider or the services provided by such provider.
``(3) Financial services provider defined.--In this subsection, the term `financial services provider' means the following:
``(A) A financial institution, insurance company, or broker-dealer that is licensed and regulated by the United States or a State.
``(B) A money service business that is--
``(i) registered with the Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury; and
``(ii) licensed and regulated by the United States or a State.
``(C) The host-nation agent of a money service business described in subparagraph (B).''.
______
SA 4192. Mr. THUNE 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. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE REMOTELY
PILOTED AIRCRAFT AND RELATED EQUIPMENT TO
DEPARTMENT OF HOMELAND SECURITY FOR U.S.
CUSTOMS AND BORDER PATROL PURPOSES AND
DEPARTMENT OF AGRICULTURE FOR U.S. FOREST
SERVICE PURPOSES.
(a) Offer of First Refusal Outside DoD.--
(1) In general.--Upon a determination that aircraft or equipment specified in subsection (c) is excess to the requirements of all components of the Department of Defense, the Secretary of Defense shall offer to the Secretary of Homeland Security to transfer such aircraft or equipment to the Secretary of Homeland Security for use by U.S. Customs and Border Patrol.
(2) Timing of offer.--Any offer under paragraph (1) for aircraft or equipment shall be made before such aircraft or equipment is otherwise disposed of outside the Department of Defense.
(b) Offer of Second Refusal Outside DoD.--
(1) In general.--Upon a determination that aircraft or equipment offered to the Secretary of Homeland Security under subsection (a) will not be accepted by the Secretary of Homeland Security in accordance with that subsection, the Secretary of Defense shall offer to the Secretary of Agriculture to transfer such aircraft or equipment to the Secretary of Agriculture for use by the Forest Service for wildland fire management purposes.
(2) Timing of offer.--Any offer under paragraph (1) for aircraft or equipment shall be made before such aircraft or equipment is otherwise disposed of outside the Department of Defense.
(c) Aircraft and Equipment.--The aircraft and equipment specified in this subsection is the following:
(1) Retired MQ-1 Predator, MQ-9 Reaper, RQ-4 Global Hawk, or other remotely piloted aircraft that are excess to the requirements of the military departments.
(2) Initial spare MQ-1 Predator, MQ-9 Reaper, RQ-4 Global Hawk, or other remotely piloted aircraft that are excess to the requirements of the military departments.
(3) Ground support equipment of the military departments for MQ-1 Predator MQ-9 Reaper, RQ-4 Global Hawk, or other remotely piloted aircraft that are excess to the requirements of the military departments.
(d) Transfer.--
(1) In general.--If the Secretary of Homeland Security accepts an offer under subsection (a), or the Secretary of Agriculture accepts an offer under subsection (b), the Secretary of the military department having jurisdiction over the aircraft or equipment concerned shall transfer such aircraft or equipment to the Secretary of Homeland Security or the Secretary of Agriculture, as applicable.
(2) Costs.--The cost of any aircraft or equipment transferred under paragraph (1), and the cost of transfer, shall be borne by the Secretary of Homeland Security or the Secretary of Agriculture, as applicable.
(e) Demilitarization.--
(1) In general.--Any aircraft or equipment transferred under this section shall be demilitarized before transfer.
(2) Costs.--The cost of demilitarization under paragraph
(1) shall be borne by the Department of Defense.
(f) Use of Transferred Aircraft and Equipment.--
(1) Department of homeland security.--Any aircraft or equipment transferred to the Secretary of Homeland Security under subsection (a) shall be used by the Commissioner of U.S. Customs and Border Patrol for border security, enforcement of the immigration laws, and related purposes.
(2) Department of agriculture.--Any aircraft or equipment transferred to the Secretary of Agriculture under subsection
(b) shall be used by the Chief of the U.S. Forest Service for wildland fire management and related purposes.
______
SA 4193. Mr. THUNE 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 XV, add the following:
SEC. 1548. ENERGY RESILIENCY FOR CERTAIN NUCLEAR MISSIONS.
(a) Authorization.--The Assistant Secretary of the Air Force for Installations, Environment, and Energy shall invest in the resiliency and redundancy of the electricity supply of covered Air Force installations for the purpose of supporting the critical mission capability of those installations during a failure of the electric grid, a cyberattack, or a natural disaster.
(b) Request for Proposals for Electricity Storage.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall issue a request for proposals for the installation of not less than 2,000 kWh of electricity storage at each covered Air Force installation.
(2) Requirements.--The request for proposals under paragraph (1) shall specify the following:
(A) The electricity storage described in paragraph (1) shall be available to immediately support the nuclear mission of the covered Air Force installation in the event of a power failure.
(B) The use of the electricity storage shall be prioritized for the nuclear mission in the event of a power failure until electricity is restored.
(C) The electricity storage may be used to partially meet energy demand at the installation during times of high energy demand and high energy prices, commonly known as ``peak shaving''.
(c) Request for Proposals for Secondary Energy Sources.--
(1) In general.--Not later than one year after the date of the enactment of this Act, the Assistant Secretary shall issue a request for proposals for the installation of, or grid connection to, a secondary source of energy to power land-based nuclear missions of covered Air Force installations in the event of a disruption of the primary electricity supply.
(2) Requirements.--The request for proposals under paragraph (1) shall specify the following:
(A) Secondary sources of energy described in paragraph (1) may include sources of generation on a covered Air Force installation, such as natural gas or liquid fuel generators, connections to an electric grid separate from the primary energy provider, and renewable energy paired with storage separate from storage provided pursuant to subsection (b).
(B) The use of secondary sources of energy shall be prioritized to sustain the nuclear mission and to support other functions of the covered Air Force installation in the event of an electric power disruption.
(C) A secondary source of energy may be utilized to power commercial utility operations as required by the energy provider in times in which there is not an energy disruption affecting the nuclear mission of the covered Air Force installation, if doing so does not diminish the ability of the secondary source to provide emergency power.
(d) Definitions.--In this section:
(1) Covered air force installation.--The term ``covered Air Force installation'' means an Air Force installation that hosts or is planned to host an operational nuclear mission that is a component of the land-based leg of the nuclear triad, particularly nuclear-capable bombers.
(2) Emergency power.--The term ``emergency power'' means any electricity necessary to operate the nuclear mission of a covered Air Force installation the event of disruption of the primary electricity supply.
______
SA 4194. Mr. THUNE 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. COST-SHARING AGREEMENT FOR STATE AND FEDERAL COSTS
FOR RIFLE TRAINING RANGE FOR AIR FORCE SECURITY
FORCES.
(a) Authorization.--The Secretary may enter into a cost-sharing agreement with a State for the purposes of establishing a rifle training range for the Air Force Security Forces.
(b) Request for Proposal.--
(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary shall issue to all States a request for proposal for a cost-sharing agreement under subsection (a)
(2) Elements of proposals.--In reviewing proposals submitted by States under paragraph (1) the Secretary shall consider--
(A) training requirements of current and anticipated Air Force Security Forces;
(B) cost savings or cost avoidance concerning travel, accommodations, and other costs related to current training activities of the Air Force Security Forces;
(C) the benefits of the proposal to other requirements of the Department of Defense or another Federal agency;
(D) the benefits of the proposal to each State; and
(E) the cost-sharing arrangement proposed by the State.
(c) Authorization of Funds.--
(1) Authorization of land acquisition.--There is authorized to be appropriated to the Secretary $10,000,000 to be used by the Secretary for the purposes of land acquisition to carry out this section.
(2) Augmentation of rifle training range.--There is authorized to be appropriated to the Secretary such funds as may be necessary to augment the rifle training range authorized under subsection (a) as necessary to support training requirements of the Air Force Security Forces.
(3) Solicitation of additional funds.--The Secretary may solicit additional funds from another military department or Federal agency to defray acquisition and operational costs under this section.
(d) Secretary Defined.--In this section, the term
``Secretary'' means the Secretary of the Air Force.
______
SA 4195. Mr. THUNE 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 VI, add the following:
SEC. 607. FUEL CHOICE AT COMMISSARIES AND EXCHANGE STORES.
Not later than one year after the date of the enactment of this Act, each commissary or exchange store located on a military installation in the United States or any territory or possession of the United States that offers gasoline for commercial sale shall offer the sale of at least one fuel that contains not less than 15 percent ethanol.
______
SA 4196. Mr. MENENDEZ (for himself, Mrs. Feinstein, Mr. Padilla, Mr. Warnock, Mrs. Gillibrand, Mr. Booker, Mr. Van Hollen, and Ms. Warren) 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. ___. SUBMISSION OF DATA RELATING TO DIVERSITY BY
ISSUERS; DIVERSITY ADVISORY GROUP.
(a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:
``(s) Submission of Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the meaning given the term in section 230.501(f) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection; and
``(B) the term `veteran' has the meaning given the term in section 101 of title 38, United States Code.
``(2) Submission of disclosure.--Each issuer required to file an annual report under subsection (a) shall disclose in any proxy statement and any information statement relating to the election of directors filed with the Commission the following:
``(A) Data, based on voluntary self-identification, on the racial, ethnic, and gender composition of--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors of the issuer; and
``(iii) the executive officers of the issuer.
``(B) The status of any member of the board of directors of the issuer, any nominee for the board of directors of the issuer, or any executive officer of the issuer, based on voluntary self-identification, as a veteran.
``(C) Whether the board of directors of the issuer, or any committee of that board of directors, has, as of the date on which the issuer makes a disclosure under this paragraph, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors of the issuer; or
``(iii) the executive officers of the issuer.
``(3) Alternative submission.--In any 1-year period in which an issuer required to file an annual report under subsection (a) does not file with the Commission a proxy statement or an information statement relating to the election of directors, the issuer shall disclose the information required under paragraph (2) in the first annual report of issuer that the issuer submits to the Commission after the end of that 1-year period.
``(4) Annual report.--Not later than 18 months after the date of enactment of this subsection, and annually thereafter, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and publish on the website of the Commission, a report that analyzes the information disclosed under paragraphs (2) and (3) and identifies any trends with respect to such information.
``(5) Best practices.--
``(A) In general.--The Director of the Office of Minority and Women Inclusion of the Commission shall, not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, publish best practices for compliance with this subsection.
``(B) Comments.--The Director of the Office of Minority and Women Inclusion of the Commission may, pursuant to subchapter II of chapter 5 of title 5, United States Code, solicit public comments related to the best practices published under subparagraph (A).''.
(b) Diversity Advisory Group.--
(1) Definitions.--For the purposes of this subsection:
(A) Advisory group.--The term ``Advisory Group'' means the Diversity Advisory Group established under paragraph (2).
(B) Commission.--The term ``Commission'' means the Securities and Exchange Commission.
(C) Issuer.--The term ``issuer'' has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
(2) Establishment.--The Commission shall establish a Diversity Advisory Group, which shall be composed of representatives from--
(A) the Federal Government and State and local governments;
(B) academia; and
(C) the private sector.
(3) Study and recommendations.--The Advisory Group shall--
(A) carry out a study that identifies strategies that can be used to increase gender, racial, and ethnic diversity among members of boards of directors of issuers; and
(B) not later than 270 days after the date on which the Advisory Group is established, submit to the Commission, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives a report that--
(i) describes any findings from the study conducted under subparagraph (A); and
(ii) makes recommendations regarding strategies that issuers could use to increase gender, racial, and ethnic diversity among board members.
(4) Annual report.--Not later than 1 year after the date on which the Advisory Group submits the report required under paragraph (3)(B), and annually thereafter, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that describes the status of gender, racial, and ethnic diversity among members of the boards of directors of issuers.
(5) Public availability of reports.--The Commission shall make all reports of the Advisory Group available to issuers and the public, including on the website of the Commission.
(6) Inapplicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Advisory Group or the activities of the Advisory Group.
______
SA 4197. Mr. MENENDEZ (for himself, Mr. Schumer, Mr. Booker, Mrs. Gillibrand, Mr. Blumenthal, and Mr. Murphy) 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. _____. AUTHORIZATION OF APPROPRIATIONS FOR CATCH-UP
PAYMENTS.
Section 404(d)(4)(C) of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144(d)(4)(C)) is amended by adding at the end the following:
``(iv) Funding.--
``(I) Authorization of appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary to carry out this subparagraph, to remain available until expended.
``(II) Limitation.--Amounts appropriated pursuant to subclause (I) may not be used for a purpose other than to make lump sum catch-up payments under this subparagraph.''.
______
SA 4198. Mr. MENENDEZ (for himself, Mr. Durbin, Mr. Booker, Mr. Kennedy, 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, insert the following:
TITLE _____--JUDICIAL SECURITY AND PRIVACY
SEC. ___01. SHORT TITLE.
This title may be cited as the ``Daniel Anderl Judicial Security and Privacy Act of 2021''.
SEC. ___02. PURPOSE; RULES OF CONSTRUCTION.
(a) Purpose.--The purpose of this title is to improve the safety and security of Federal judges, including senior, recalled, or retired Federal judges, and their immediate family, to ensure Federal judges are able to administer justice fairly without fear of personal reprisal from individuals affected by the decisions they make in the course of carrying out their public duties.
(b) Rules of Construction.--
(1) In general.--Nothing in this title shall be construed--
(A) to prohibit, restrain, or limit--
(i) the lawful investigation or reporting by the press of any unlawful activity or misconduct alleged to have been committed by an at-risk individual or their immediate family; or
(ii) the reporting on an at-risk individual or their immediate family regarding matters of public concern;
(B) to impair access to decisions and opinions from a Federal judge in the course of carrying out their public functions; or
(C) to limit the publication or transfer of personally identifiable information that the at-risk individual or their immediate family member voluntarily publishes on the internet after the date of enactment of this Act.
(2) Protection of personally identifiable information.--This title shall be broadly construed to favor the protection of the personally identifiable information of at-risk individuals and their immediate family.
SEC. ___03. FINDINGS.
Congress finds the following:
(1) Members of the Federal judiciary perform the important function of interpreting our Constitution and administering justice in a fair and impartial manner.
(2) In recent years, partially as a result of the rise in the use of social media and online access to information, members of the Federal judiciary have been exposed to an increased number of personal threats in connection to their role. The ease of access to free or inexpensive sources of personally identifiable information has considerably lowered the effort required for malicious actors to discover where individuals live, where they spend leisure hours, and to find information about their family members. Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an ``angry mob'' to gather outside a judge's home and, in reference to a United States courts of appeals judge, stating how easy it would be to ``get them.''
(3) Between 2015 and 2019, threats and other inappropriate communications against Federal judges and other judiciary personnel increased from 926 in 2015 to approximately 4,449 in 2019.
(4) Over the past decade, several members of the Federal judiciary have experienced acts of violence against themselves or a family member in connection to their Federal judiciary role, including the murder of the family of United States District Judge for the Northern District of Illinois Joan Lefkow in 2005.
(5) On Sunday July 19, 2020, an assailant went to the home of Esther Salas, a judge for the United States District Court for the District of New Jersey, impersonating a package delivery driver, opening fire upon arrival, and killing Daniel Anderl, the 20-year-old only son of Judge Salas, and seriously wounding Mark Anderl, her husband.
(6) In the aftermath of the recent tragedy that occurred to Judge Salas and in response to the continuous rise of threats against members of the Federal judiciary, there is an immediate need for enhanced security procedures and increased availability of tools to protect Federal judges and their families.
SEC. ___04. DEFINITIONS.
In this title:
(1) At-risk individual.--The term ``at-risk individual'' means--
(A) a Federal judge; or
(B) a senior, recalled, or retired Federal judge
(2) Data broker.--
(A) In general.--The term ``data broker'' means a business or commercial entity when it is engaged in collecting, assembling, or maintaining personal information concerning an individual who is not a customer, client, or an employee of that entity in order to sell the information or otherwise profit from providing third party access to the information.
(B) Exclusion.--The following activities conducted by a business or commercial entity, and the collection and sale or licensing of personally identifiable information incidental to conducting these activities do not qualify the entity as a data broker:
(i) Engaging in reporting, newsgathering, speaking, or other activities intended to inform the public on matters of public interest or public concern.
(ii) Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier.
(iii) Utilizing personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred.
(iv) Providing publicly available information via real-time or near-real-time alert services for health or safety purposes.
(v) A consumer reporting agency to the extent that it is covered by the Federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
(vi) A financial institution to the extent that it is covered by the Gramm-Leach-Bliley Act (Public Law 106-102) and implementing regulations.
(vii) An entity to the extent that it is covered by the Health Insurance Portability and Accountability Act (Public Law 104-191).
(3) Federal judge.--The term ``Federal judge'' means--
(A) a justice or judge of the United States, as those terms are defined in section 451 of title 28, United States Code;
(B) a bankruptcy judge appointed under section 152 of title 28, United States Code;
(C) a United States magistrate judge appointed under section 631 of title 28, United States Code;
(D) a judge confirmed by the United States Senate and empowered by statute in any commonwealth, territory, or possession to perform the duties of a Federal judge; and
(E) a judge of the United States Court of Federal Claims appointed under section 171 of title 28, United States Code.
(4) Government agency.--The term ``Government agency'' means any department enumerated in section 1 of title 5 of the United States Code, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest. The term includes all such institutions, offices, and any other bodies politic and corporate of the United States Government created by the constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by Executive order of the President or any constitutional officer, by the Supreme Court of the United States, or by resolution of the United States Congress.
(5) Immediate family.--The term ``immediate family'' means a spouse, child, parent, or any other familial relative of an at-risk individual whose permanent residence is the same as the at-risk individual.
(6) Personally identifiable information.--The term
``personally identifiable information'' means--
(A) a home address, including primary residence or secondary residences;
(B) a home or personal mobile telephone number, or the direct telephone number of a government-issued cell phone or private extension in the chambers of an at-risk individual;
(C) a personal email address;
(D) the social security number, driver's license number, or home address displayed on voter registration information;
(E) a bank account or credit or debit card information;
(F) home or other address displayed on property tax records or held by a Federal, State, or local government agency of an at-risk individual, including a secondary residence and any investment property at which an at-risk individual resides for part of a year;
(G) license plate number or home address displayed on vehicle registration information;
(H) identification of children of an at-risk individual under the age of 18;
(I) full date of birth;
(J) a photograph of any vehicle that legibly displays the license plate or a photograph of a residence that legibly displays the residence address;
(K) the name and address of a school or day care facility attended by immediate family; or
(L) the name and address of an employer of immediate family.
(7) Social media.--The term ``social media'' means any online electronic medium, a live-chat system, or an electronic dating service--
(A) that primarily serves as a medium for users to interact with content generated by other third-party users of the medium;
(B) that enables users to create accounts or profiles specific to the medium or to import profiles from another medium; and
(C) that enables one or more users to generate content that can be viewed by other third-party users of the medium.
(8) Transfer.--The term ``transfer'' means to sell, license, trade, or exchange for consideration the personally identifiable information of an at-risk individual or immediate family.
SEC. ___05. PROTECTING PERSONALLY IDENTIFIABLE INFORMATION IN
PUBLIC RECORDS.
(a) Government Agencies.--
(1) In general.--Each at-risk individual may--
(A) file written notice of the status of the individual as an at-risk individual, for themselves and immediate family, to each Government agency; and
(B) ask each Government agency described in subparagraph
(A) to mark as private their personally identifiable information and that of their immediate family.
(2) No public posting.--Government agencies shall not publicly post or display publicly available content that includes personally identifiable information of an at-risk individual or immediate family. Government agencies, upon receipt of a written request in accordance with subsection
(a)(1)(A) of this section, shall remove the personally identifiable information of the at-risk individual or immediate family from publicly available content within 72 hours.
(3) Exceptions.--Nothing in this section shall prohibit a government agency from providing access to records containing judges' personally identifiable information to a third party if the third party possesses a signed release from the judge or a court order, the entity is already subject to the requirements of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.), or the third party executes a confidentiality agreement with the government agency.
(b) State and Local Governments.--
(1) Grant program to prevent disclosure of personal information of at-risk individuals or immediate family.--
(A) Authorization.--The Attorney General shall make grants to prevent the release of personally identifiable information of at-risk individuals and immediate family (in this subsection referred to as ``judges' personally identifiable information'') to the detriment of such individuals or their families to an entity that--
(i) is--
(I) a State or unit of local government (as such terms are defined in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251)); or
(II) an agency of a State or unit of local government; and
(ii) operates a State or local database or registry that contains personally identifiable information.
(B) Application.--An eligible entity seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require.
(2) Authorization of appropriations.--There is authorized to be appropriated such sums as may be necessary to provide grants to entities described in paragraph (1) to create or expand programs designed to protect judges' personally identifiable information, including through--
(A) the creation of programs to redact or remove judges' personally identifiable information, upon the request of an at-risk individual, from public records in state agencies; these efforts may include but are not limited to hiring a third party to redact or remove judges' personally identifiable information from public records;
(B) the expansion of existing programs that the State may have enacted in an effort to protect judges' personally identifiable information;
(C) the development or improvement of protocols, procedures, and policies to prevent the release of judges' personally identifiable information;
(D) the defrayment of costs of modifying or improving existing databases and registries to ensure that judges' personally identifiable information is protected from release; and
(E) the development of confidential opt out systems that will enable at-risk individuals to make a single request to keep judges' personally identifiable information out of multiple databases or registries.
(3) Report.--
(A) In general.--Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Comptroller General of the United States, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report that includes--
(i) a detailed amount spent by States and local governments on protection of judges' personally identifiable information; and
(ii) where the judges' personally identifiable information was found.
(B) States and local governments.--States and local governments that receive funds under this section shall submit to the Comptroller General a report on data described in clauses (i) and (ii) of subparagraph (A) to be included in the report required under that subparagraph.
(c) Data Brokers and Other Businesses.--
(1) Prohibition.--
(A) Data brokers.--It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, or purchase personally identifiable information of an at-risk individual or immediate family.
(B) Other businesses.--No person, business, or association shall publicly post or publicly display on the internet personally identifiable information of an at-risk individual or immediate family if the at-risk individual has made a written request of that person, business, or association to not disclose the personally identifiable information of the at-risk individual or immediate family.
(C) Exceptions.--The restriction in subparagraph (B) shall not apply to--
(i) the display on the internet of the personally identifiable information of an at-risk individual or immediate family if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern;
(ii) personally identifiable information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or
(iii) personally identifiable information received from a Federal Government source (or from an employee or agent of the Federal Government).
(2) Required conduct.--
(A) In general.--After a person, business, or association has received a written request from an at-risk individual to protect personally identifiable information of the at-risk individual or immediate family, that person, business, or association shall--
(i) remove within 72 hours the personally identifiable information from the internet and ensure that the information is not made available on any website or subsidiary website controlled by that person, business, or association; and
(ii) ensure that the personally identifiable information of the at-risk individual or immediate family is not made available on any website or subsidiary website controlled by that person, business, or association.
(B) Transfer.--After receiving an at-risk individual's written request, no person, business, or association shall transfer the personally identifiable information of the at-risk individual or immediate family to any other person, business, or association through any medium, except where the at-risk individual's or immediate family member's personally identifiable information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern. The restriction on transfer shall also not apply to personally identifiable information that the at-risk individual or immediate family voluntarily publishes on the internet after the date of enactment of this Act.
(d) Delegation of Authority.--
(1) In general.--Upon written request of the at-risk individual, the Director of the Administrative Office of the United States Courts is authorized to make any notice or request required or authorized by this section on behalf of the at-risk individual. The Director may delegate this authority under section 602(d) of title 28, United States Code. Any notice or request made under this subsection shall be deemed to have been made by the at-risk individual and compliant with the notice and request requirements of this section.
(2) List.--In lieu of individual notices or requests, the Director may provide government agencies, State and local governments, data brokers, persons, businesses, or associations with a list of at-risk individuals and their immediate family for the purpose of maintaining compliance with this section. Such list shall be deemed to comply with individual notice and request requirements of this section.
(e) Redress and Penalties.--
(1) In general.--An at-risk individual or immediate family member whose personally identifiable information is made public as a result of a violation of this title may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the at-risk individual's or immediate family member's costs and reasonable attorney's fees.
(2) Penalties and damages.--Upon a knowing and willful violation of any order granting injunctive or declarative relief obtained pursuant to this subsection, the court issuing such order may--
(A) if the violator is a public entity, impose a fine not exceeding $4,000 and require the payment of court costs and reasonable attorney's fees;
(B) if the violator is a person, business, association, or private agency, award damages to the affected at-risk individual or immediate family in an amount up to a maximum of 3 times the actual damages, but not less than $10,000, and require the payment of court costs and reasonable attorney's fees.
SEC. ___06. TRAINING AND EDUCATION.
There is authorized to be appropriated to the Federal judiciary such sums as may be necessary for biannual judicial security training for active, senior, or recalled Federal judges and their immediate family, including--
(1) best practices for using social media and other forms of online engagement and for maintaining online privacy;
(2) home security program and maintenance;
(3) understanding removal programs and requirements for personally identifiable information;
(4) any other judicial security training that the United States Marshals Services and the Administrative Office of the United States Courts determines is relevant.
SEC. ___07. VULNERABILITY MANAGEMENT CAPABILITY.
(a) Authorization.--
(1) Vulnerability management capability.--The Federal judiciary is authorized to perform all necessary functions consistent with the provisions of this title, and to support existing threat management capabilities within the United States Marshals Service and other relevant Federal law enforcement and security agencies. Such functions may include--
(A) monitor the protection of at-risk individuals and judiciary assets;
(B) manage the monitoring of websites for personally identifiable information of at-risk individuals or immediate family and remove or limit the publication of such information; and
(C) receive, review, and analyze complaints by at-risk individuals of threats, whether direct or indirect, and report to law enforcement partners.
(2) Technical and conforming amendment.--Section 604(a) of title 28, United States Code is amended--
(A) in paragraph (23), by striking ``and'' at the end;
(B) by redesignating paragraph (24) as paragraph (25);
(C) by inserting after paragraph 23 the following:
``(24) Establish and administer a vulnerability management program in the judicial branch; and''.
(b) Expansion of Capabilities of Office of Protective Intelligence.--There is authorized to be appropriated such sums as may be necessary to the United States Marshals Service to expand the current capabilities of the Office of Protective Intelligence of the Judicial Security Division to increase the workforce of the Office of Protective Intelligence to include additional intelligence analysts, United States deputy marshals, and any other relevant personnel to ensure that the Office of Protective Intelligence is ready and able to perform all necessary functions, consistent with the provisions of this title, in order to anticipate and deter threats to the judiciary, including--
(1) assigning personnel to State and major urban area fusion and intelligence centers for the specific purpose of identifying potential threats against the judiciary, and coordination of responses to potential threats.
(2) expanding the use of investigative analysts, physical security specialists, and intelligence analysts at the 94 judicial districts and territories to enhance the management of local and distant threats and investigations; and
(3) increasing the number of United States Marshal Service personnel for the protection of the judicial function and assigned to protective operations and details for the judiciary.
(c) Report.--
(1) In general.--Not later than one year after the date of enactment of this Act, the Department of Justice, in consultation with the Administrative Office of the United States Courts, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the security of Federal judges arising from the Federal prosecutions and civil litigation.
(2) Description.--The report required under paragraph (1) shall describe--
(A) the number and nature of threats and assaults against at-risk individuals handling prosecutions and other matters described in paragraph (1) and the reporting requirements and methods;
(B) the security measures that are in place to protect the at-risk individuals handling prosecutions described in paragraph (1), including threat assessments, response procedures, availability of security systems and other devices, firearms licensing such as deputations, and other measures designed to protect the at-risk individuals and immediate family of an at-risk individual; and
(C) for each requirement, measure, or policy described in subparagraphs (A) and (B), when the requirement, measure, or policy was developed and who was responsible for developing and implementing the requirement, measure, or policy.
SEC. ___08. SEVERABILITY.
If any provision of this title or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this title and the application of such provision to any person or circumstance shall not be affected thereby.
SEC. ___09. EFFECTIVE DATE.
This title shall take effect upon the date of enactment of this Act, except for subsections (b)(1), (c), and (e) of section [___05], which shall take effect on the date that is 120 days after the date of enactment of this Act.
______
SA 4199. Ms. CORTEZ MASTO 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. COMPTROLLER GENERAL ASSESSMENT OF QUALITY AND
NUTRITION OF FOOD AVAILABLE AT MILITARY
INSTALLATIONS FOR MEMBERS OF THE ARMED FORCES.
(a) Assessment.--The Comptroller General of the United States shall conduct an assessment of the quality and nutrition of food available at military installations for members of the Armed Forces.
(b) Elements.--The assessment required by subsection (a) shall include the following:
(1) A description of the extent to which data is being collected on the nutritional food options available at military installations for members of the Armed Forces, including the fat, sodium, and fiber content of hot line foods.
(2) An assessment of the extent to which the Department of Defense has evaluated whether the nutritional food options described in paragraph (1) meet or exceed the daily nutrition standards for adults set forth by the Department of Agriculture.
(3) A description of how the Secretary integrates and coordinates nutrition recommendations, policies, and pertinent information through the Interagency Committee on Human Nutrition Research.
(4) A description of how the Secretary gathers input on the quality of food service options provided to members of the Armed Forces.
(5) An assessment of how the Department of Defense tracks the attitudes and perceptions of members of the Armed Forces on the quality of food service operations at military installations in terms of availability during irregular hours, accessibility, portion, price, and quality.
(6) An assessment of access by members of the Armed Forces to high-quality food options on military installations, such as availability of food outside typical meal times or options for members not located in close proximity to dining facilities at a military installation.
(7) Such recommendations as the Comptroller General may have to address any findings related to the quality and availability of food options provided to members of the Armed Forces by the Department of Defense.
(c) Briefing and Report.--
(1) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the assessment conducted under subsection (a).
(2) Report.--Not later than one year after the briefing under paragraph (1), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment conducted under subsection (a).
______
SA 4200. Ms. CORTEZ MASTO (for herself, Mr. Padilla, and Ms. Rosen) 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. UPDATED REVIEW AND ENHANCEMENT OF EXISTING
AUTHORITIES FOR USING AIR FORCE AND AIR
NATIONAL GUARD MODULAR AIRBORNE FIRE-FIGHTING
SYSTEMS AND OTHER DEPARTMENT OF DEFENSE ASSETS
TO FIGHT WILDFIRES.
Section 1058 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 31 U.S.C. 1535 note) is amended by adding at the end the following new subsection:
``(g) Updated Review and Enhancement.--(1) Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director shall submit to Congress a report--
``(A) containing the results of a second review conducted under subsection (a) and a second determination made under subsection (b); and
``(B) based on such second determination, describing the new modifications proposed to be made to existing authorities under subsection (c) or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires.
``(2) The new modifications described in paragraph (1)(B) shall not take effect until the end of the 30-day period beginning on the date on which the report is submitted to Congress under this subsection.''.
______
SA 4201. Mrs. CAPITO 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. ____. SENSE OF CONGRESS REGARDING PRIORITIZATION OF
BROADBAND DEPLOYMENT FUNDING FOR UNSERVED
AREAS.
It is the sense of the Senate that--
(1) deploying high-speed broadband service in rural areas of the United States is one of the highest infrastructure priorities; and
(2) any funds spent to deploy broadband service across the United States must first address building out broadband infrastructure in unserved areas, which are areas where no household has access to fixed, terrestrial broadband service that is consistently delivered with a speed of not less than 25 megabits per second for downloads and 3 megabits per second for uploads.
______
SA 4202. Mr. WARNER 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. PUBLICATION OF INFORMATION ON PERFORMANCE METRICS
AND USE OF INCENTIVE FEES FOR PRIVATIZED
MILITARY HOUSING.
Section 2891c(b)(1) of title 10, United States Code, is amended, in the matter preceding subparagraph (A), by striking ``make available, upon request of a tenant, at the applicable installation housing office'' and inserting
``publish, on a publicly accessible website,''.
______
SA 4203. Mr. WARNER 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 IMPACT OF OPERATION ALLIES WELCOME ON
THE NATIONAL GUARD.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the impacts of the Afghan resettlement mission, Operation Allies Welcome, on the National Guard. The report shall assess--
(1) the impacts of the mission on readiness, training, maintenance and equipment, and the ability of the National Guard to support duties under title 10 and title 32, United States Code;
(2) costs incurred by the National Guard in support of the mission; and
(3) and any other matters the Secretary of Defense considers appropriate.
______
SA 4204. Mr. WARNER 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 IX, add the following:
SEC. 907. DESIGNATION OF SENIOR OFFICIAL TO COMBAT FOOD
INSECURITY.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, combating food insecurity among members of the Armed Forces and their families. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate.
(b) Responsibilities.--The senior official designated under subsection (a) shall be responsible for the following:
(1) Oversight of policy, strategy, and planning for efforts of the Department of Defense to combat food insecurity among members of the Armed Forces and their families.
(2) Coordinating with other Federal agencies with respect to combating food insecurity.
(3) Such other matters as the Secretary considers appropriate.
______
SA 4205. Mr. WARNER 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 VI, add the following:
SEC. 607. PILOT PROGRAM FOR PROVISION OF FRESH PRODUCE TO
MEMBERS OF ARMED FORCES.
(a) In General.--The Director of the Defense Commissary Agency shall establish and carry out, during the one-year period following the date of the enactment of this Act, a pilot program under which boxes containing fresh fruit and vegetables are made available, free of charge, to members of the Armed Forces and their families at commissaries.
(b) Selection of Locations.--The Director shall carry out the pilot program required by subsection (a) at 9 commissaries. The Director shall select 3 commissaries from each of the Eastern, Central, and Western commissary regions for purposes of the pilot program.
(c) Report Required.--Not later than 90 days after the conclusion of the pilot program required by subsection (a), the Director shall submit to the congressional defense committees a report on the pilot program that assesses--
(1) the effectiveness of the pilot program; and
(2) the feasibility and advisability of providing boxes containing fresh fruit and vegetables free of charge to members of the Armed Forces and their families at additional commissaries.
(d) Authorization of Appropriations.--The amount authorized to be appropriated by section 1401 and available as specified in the funding table in section 4501 for the Working Capital Fund for the Defense Commissary Agency is hereby increased by
$550,000, with the amount of the increase to be available to carry out the pilot program required by subsection (a).
______
SA 4206. 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. STUDY ON FEASIBILITY AND ADVISABILITY OF DEPARTMENT
OF DEFENSE ENTERING INTO COOPERATIVE FIRE
PROTECTION AGREEMENTS WITH STATE OR LOCAL
AGENCIES FOR SHARING RESOURCES IN CONDUCTING
WILDFIRE SUPPRESSION ACTIVITIES.
(a) In General.--The Secretary of Defense shall conduct a study on the feasibility and advisability of the Secretary entering into cooperative fire protection agreements with State or local agencies for sharing resources in conducting wildfire suppression activities.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a).
______
SA 4207. 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. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE
TO TRANSFER EXCESS AIRCRAFT TO OTHER
DEPARTMENTS OF THE FEDERAL GOVERNMENT.
Section 1091 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is amended--
(1) by striking subsection (c);
(2) in subsection (d)--
(A) in paragraph (1), by striking ``up to seven''; and
(B) by amending paragraph (2) to read as follows:
``(2) Expiration of right of refusal.--A right of refusal afforded the Secretary of Agriculture or the Secretary of Homeland Security under paragraph (1) with regards to an aircraft shall expire upon official notice of such Secretary to the Secretary of Defense that such Secretary declines such aircraft.'';
(3) in subsection (e)--
(A) in paragraph (1), by striking ``wildfire suppression purposes'' and inserting ``purposes of wildfire suppression, search and rescue, or emergency operations pertaining to wildfires''; and
(B) in paragraph (2), by inserting ``, search and rescue, emergency operations pertaining to wildfires,'' after
``efforts'';
(4) by striking subsection (f);
(5) by adding at the end the following new subsection:
``(h) Reporting.--Not later than November 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on aircraft transferred, during the fiscal year preceding the date of such report, to--
``(1) the Secretary of Agriculture or the Secretary of Homeland Security under this section;
``(2) the chief executive officer of a State under section 112 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1318); or
``(3) the Secretary of the Air Force or the Secretary of Agriculture under section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 881).''; and
(6) by redesignating subsections (d), (e), (g), and (h) as subsections (c), (d), (e), and (f), respectively.
______
SA 4208. 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:
Add at the appropriate place in title XV, insert the following:
SEC. 15__. REPORT ON SENSING CAPABILITIES OF THE DEPARTMENT
OF DEFENSE TO ASSIST FIGHTING WILDFIRES.
(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Director of National Intelligence and such other head of an agency or department as the Secretary determines appropriate, submit to the appropriate congressional committees a report on the capabilities of the Department of Defense to assist fighting wildfires through the use and analysis of satellite and other aerial survey technology.
(b) Matters Included.--The report under subsection (a) shall include the following:
(1) An examination of the current and future sensing requirements for the wildfire fighting and analysis community.
(2) Identification of assets of the Department of Defense and intelligence community that can provide data that is relevant to the requirements under paragraph (1), including an examination of such assets that--
(A) are currently available;
(B) are in development; and
(C) have been formally proposed by a department or agency of the Federal Government, but which have not yet been approved by Congress.
(3) With respect to the assets identified under paragraph
(2)(A), an examination of how close the data such assets provide comes to meeting the wildfire management and suppression community needs.
(4) An identification of the total and breakdown of costs reimbursed to the Department of Defense during the five-year period preceding the date of the report for reimbursable requests for assistance from lead departments or agencies of the Federal Government responding to natural disasters, including an assessment of the feasibility of not charging or requiring reimbursement for satellite time used in emergency response for wildfires.
(5) A discussion of the feasibility of establishing capabilities at civilian agencies such as the National Oceanic and Atmospheric Administration or the National Aeronautics and Space Administration to replicate or supplement the FireGuard program.
(6) A discussion of issues involved in producing unclassified products using unclassified and classified assets, and policy options for Congress regarding that translation, including by explicitly addressing classification choices that could ease the application of data from such assets to wildfire detection and tracking.
(7) Identification of options to address gaps between requirements and capabilities to be met by additional solutions, whether from the Department of Defense, the intelligence community, or from the civil or commercial domain.
(8) A retrospective analysis to determine whether the existing data could have been used to defend against past fires.
(9) Options for the Department of Defense to assist the Department of Agriculture, the Department of the Interior, the Department of Energy, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the National Science Foundation, and State and local governments in identifying and responding to wildfires.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the following:
(A) The Committee on Armed Services, the Committee on Agriculture, Nutrition, and Forestry, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Select Committee on Intelligence of the Senate.
(B) The Committee on Armed Services, the Committee on Agriculture, the Committee on Natural Resources, the Committee on Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) The term ``intelligence community'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
______
SA 4209. 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 appropriate place in title XV, insert the following:
SEC. ___. REPORT ON COMMERCIAL TASKLESS DAILY GLOBAL IMAGERY.
(a) Report.--Not later than 90 days after enactment, the Secretary of Defense shall submit to the congressional defense committees a report on commercial taskless daily global imagery.
(b) Contents.--At a minimum, the report required by subsection (a) shall include the following:
(1) A description of how the immediate procurement of daily, actionable satellite imagery for intelligence, surveillance, target acquisition, and reconnaissance (ISR), complements existing or nonexistent manned and unmanned intelligence, surveillance, target acquisition, and reconnaissance assets for United States Special Operations Command personnel conducting missions around the world.
(2) An assessment of the value of having access to global daily taskless satellite imagery, particularly in combatant commands with austere and remote locations such as United States Africa Command and United States Pacific Command, in areas such as the following:
(A) Global digital elevation or surface model (DEM) generation.
(B) Identification and analysis of mobility corridor analysis and daily revisits.
(C) Global identification of underground facility signatures.
(D) Identifying population and industrial growth.
(E) Imagery partner sharing restrictions.
(F) Android Tactical Assault Kit (ATAK) data loading.
(3) Identification of what intelligence, surveillance, target acquisition, and reconnaissance gaps or shortfalls, including any special operations-specific requirements, that could be addressed through the use of commercial taskless daily global imagery.
(4) Such recommendation as the Secretary may have for legislative or administrative action to enable greater access to taskless daily global satellite imagery.
(5) Such other matters as the Secretary considers appropriate.
______
SA 4210. 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 V, add the following:
SEC. 596. REPORT ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS
REGARDING SCREENING INDIVIDUALS WHO SEEK TO
ENLIST IN THE ARMED FORCES.
Not later than 180 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 status of the implementation of the seven recommendations of the Under Secretary of Defense for Personnel and Readiness specified on page 2 of the report titled ``Screening Individuals Who Seek to Enlist in the Armed Forces'' that was submitted to the Committees on Armed Services of the Senate and House of Representatives on October 14, 2020. Such report shall include--
(1) an identification of the specific timeline for the implementation of such recommendations; and
(2) comments from the Secretary regarding the feasibility of implementing each recommendation, including a description of any potential barriers to such implementation.
______
SA 4211. 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 E of title XXXI, add the following:
SEC. 3157. REALIGNMENT OF NATIONAL TECHNICAL NUCLEAR
FORENSICS FROM THE DEPARTMENT OF HOMELAND
SECURITY TO THE DEPARTMENT OF ENERGY.
(a) Repeal of the Nuclear Forensics and Attribution Act.--
(1) In general.--The Nuclear Forensics and Attribution Act
(Public Law 111-140; 124 Stat. 31) is repealed.
(2) Conforming amendments to homeland security act of 2002.--Subtitle B of title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591g et seq.) is amended--
(A) in section 1923--
(i) in subsection (a)--
(I) by striking ``(a) mission.--'';
(II) in paragraph (9), by striking the semicolon and inserting ``; and'';
(III) by striking paragraphs (10), (11), (12), and (13); and
(IV) by redesignating paragraph (14) as paragraph (10); and
(ii) by striking subsection (b); and
(B) in section 1927(a)(1)--
(i) in subparagraph (A)(ii), by striking the semicolon and inserting ``; and'';
(ii) in subparagraph (B)(iii), by striking ``; and'' and inserting a period; and
(iii) by striking subparagraph (C).
(3) References and construction.--Any reference in any law, regulation, document, paper, or other record of the United States to the National Technical Nuclear Forensics Center established within the Countering Weapons of Mass Destruction Office of the Department of Homeland Security, shall be deemed to be a reference to the National Technical Nuclear Forensics Center established by section 3265 of the National Nuclear Security Administration Act, as added by subsection
(b).
(b) Establishment of a National Technical Nuclear Forensics Center.--
(1) In general.--Subtitle E of the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by adding at the end the following new section:
``SEC. 3265. ESTABLISHMENT OF NATIONAL TECHNICAL NUCLEAR
FORENSICS CENTER.
``(a) Establishment.--There is established within the Administration a National Technical Nuclear Forensics Center
(in this section referred to as the `Center').
``(b) Mission.--The mission of the Center shall be to coordinate stewardship, planning, assessment, gap analysis, exercises, improvement, expertise development, and integration for all Federal nuclear forensics and attribution activities to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks.''.
(2) Clerical amendment.--The table of contents for the National Nuclear Security Administration Act is amended by adding after the item relation to section 3264 the following new item:
``Sec. 3265. Establishment of National Technical Nuclear Forensics
Center.''.
(c) University Nuclear Leadership Program.--Section 313 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (42 U.S.C. 16274a) is amended--
(1) in subsection (b), by adding at the end the following:
``(3) Minority serving institution participation.--Notwithstanding section 954(a)(6) of the Energy Research, Development, Demonstration, and Commercial Application Act of 2005 (42 U.S.C. 16274(a)(6)), in carrying out programs under this section and section 954 of that Act, each the Secretary, the Administrator, and the Chairman shall prioritize encouraging the participation of historically Black colleges and universities and other minority serving institutions.''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (4); and
(B) by inserting after paragraph (1) the following new paragraphs:
``(2) Historically black college and university.-- The term
`historically Black college and university' has the meaning given the term `part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
``(3) Minority serving institution.--The term `minority serving institution' means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).''.
______
SA 4212. 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. AUTHORIZATION OF APPROPRIATIONS FOR MODULAR
AIRBORNE FIRE FIGHTING SYSTEMS.
There are authorized to be appropriated to the Department of Defense $15,000,000 for fiscal year 2022 for the Modular Airborne Fire Fighting Systems.
______
SA 4213. 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 E of title V, add the following:
SEC. 576. WILDLAND FIREFIGHTING TRAINING FOR NATIONAL GUARD.
The Secretary of Defense, in consultation with the Chief of the National Guard Bureau, shall prescribe regulations providing for regular wildland firefighting training for members of the National Guard as a core mission of the Guard.
______
SA 4214. 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 XXVIII, add the following:
SEC. 2815. COMPTROLLER GENERAL STUDY ON MANAGEMENT BY
DEPARTMENT OF DEFENSE OF MILITARY HOUSING IN
AREAS WITH LIMITED AVAILABLE HOUSING FOR
PRIVATE CITIZENS.
(a) In General.--The Comptroller General of the United States shall conduct a study on the management by the Department of Defense of privatized military housing and military housing owned by the Department in areas with limited available housing for private citizens.
(b) Elements.--In conducting the study under subsection
(a), the Comptroller General shall assess the following:
(1) The extent to which the Department--
(A) tracks the availability of private sector housing in areas surrounding installations of the Department;
(B) identifies the percentage of members of the Armed Forces at installations of the Department who choose to reside in private sector housing; and
(C) assesses the impact of the population identified under subparagraph (B) on the housing supply in the areas in which they reside.
(2) How the Department coordinates and communicates with local communities surrounding installations of the Department regarding the potential impact of the military population on housing supply.
(3) The process of the Department for determining when to establish new privatized housing projects under subchapter IV of chapter 169 of title 10, United States Code, including the extent to which the Department has identified surplus land on installations of the Department and determined the feasibility and advisability of using such land for the development of additional housing units for members of the Armed Forces.
(c) Housing Areas.--In conducting the study under subsection (a), the Comptroller General may focus such study on the management of military housing in certain geographical areas.
(d) Briefing and Report.--
(1) Briefing.--Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives an interim briefing on the study conducted under subsection (a), including any preliminary observations..
(2) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a).
(e) Privatized Military Housing Defined.--In this section, the term ``privatized military housing'' means military housing provided under subchapter IV of chapter 169 of title 10, United States Code.
______
SA 4215. Mr. PADILLA (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 end, add the following:
DIVISION E--CALIFORNIA PUBLIC LAND PROTECTION
TITLE LI--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
SEC. 5101. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.
(2) State.--The term ``State'' means the State of California.
Subtitle A--Restoration and Economic Development
SEC. 5111. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Collaboratively developed.--The term ``collaboratively developed'' means, with respect to a restoration project, the development and implementation of the restoration project through a collaborative process that--
(A) includes--
(i) appropriate Federal, State, and local agencies; and
(ii) multiple interested persons representing diverse interests; and
(B) is transparent and nonexclusive.
(2) Plantation.--The term ``plantation'' means a forested area that has been artificially established by planting or seeding.
(3) Restoration.--The term ``restoration'' means the process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed by establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability, resilience, and health under current and future conditions.
(4) Restoration area.--The term ``restoration area'' means the South Fork Trinity-Mad River Restoration Area established by subsection (b).
(5) Shaded fuel break.--The term ``shaded fuel break'' means a vegetation treatment that--
(A) effectively addresses all slash generated by a project; and
(B) retains, to the maximum extent practicable--
(i) adequate canopy cover to suppress plant regrowth in the forest understory following treatment;
(ii) the longest living trees that provide the most shade over the longest period of time;
(iii) the healthiest and most vigorous trees with the greatest potential for crown growth in--
(I) plantations; and
(II) natural stands adjacent to plantations; and
(iv) mature hardwoods.
(6) Stewardship contract.--The term ``stewardship contract'' means an agreement or contract entered into under section 604 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c).
(7) Wildland-urban interface.--The term ``wildland-urban interface'' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.--Subject to valid existing rights, there is established the South Fork Trinity-Mad River Restoration Area, comprising approximately 871,414 acres of Federal land administered by the Forest Service and the Bureau of Land Management, as generally depicted on the map entitled ``South Fork Trinity-Mad River Restoration Area'' and dated May 15, 2020.
(c) Purposes.--The purposes of the restoration area are--
(1) to establish, restore, and maintain fire-resilient late successional forest structures characterized by large trees and multistoried canopies, as ecologically appropriate, in the restoration area;
(2) to protect late successional reserves in the restoration area;
(3) to enhance the restoration of Federal land in the restoration area;
(4) to reduce the threat posed by wildfires to communities in or in the vicinity of the restoration area;
(5) to protect and restore aquatic habitat and anadromous fisheries;
(6) to protect the quality of water within the restoration area; and
(7) to allow visitors to enjoy the scenic, recreational, natural, cultural, and wildlife values of the restoration area.
(d) Management.--
(1) In general.--The Secretary shall manage the restoration area--
(A) in a manner--
(i) consistent with the purposes described in subsection
(c); and
(ii) in the case of the Forest Service, that prioritizes the restoration of the restoration area over other nonemergency vegetation management projects on the portions of the Six Rivers and Shasta-Trinity National Forests in Humboldt and Trinity Counties, California;
(B) in accordance with an agreement entered into by the Chief of the Forest Service and the Director of the United States Fish and Wildlife Service--
(i) for cooperation to ensure the timely consultation required under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) on restoration projects within the restoration area; and
(ii) to maintain and exchange information on planning schedules and priorities with respect to the restoration area on a regular basis;
(C) in accordance with--
(i) the laws (including regulations) and rules applicable to the National Forest System, with respect to land managed by the Forest Service;
(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), with respect to land managed by the Bureau of Land Management;
(iii) this title; and
(iv) any other applicable law (including regulations); and
(D) in a manner consistent with congressional intent that consultation for restoration projects within the restoration area be completed in a timely and efficient manner.
(2) Conflict of laws.--
(A) In general.--The establishment of the restoration area shall not modify the management status of any land or water that is designated as a component of the National Wilderness Preservation System or the National Wild and Scenic Rivers System, including land or water designated as a component of the National Wilderness Preservation System or the National Wild and Scenic Rivers System by this title (including an amendment made by this title).
(B) Resolution of conflict.--If there is a conflict between a law applicable to a component described in subparagraph (A) and this section, the more restrictive provision shall control.
(3) Uses.--
(A) In general.--The Secretary shall only allow uses of the restoration area that the Secretary determines would further the purposes described in subsection (c).
(B) Priority.--The Secretary shall give priority to restoration activities within the restoration area.
(C) Limitation.--Nothing in this section limits the ability of the Secretary to plan, approve, or prioritize activities outside of the restoration area.
(4) Wildland fire.--
(A) In general.--Nothing in this section prohibits the Secretary, in cooperation with Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the restoration area, consistent with the purposes of this section.
(B) Priority.--To the maximum extent practicable, the Secretary may use prescribed burning and managed wildland fire to achieve the purposes of this section.
(5) Road decommissioning.--
(A) Definition of decommission.--In this paragraph, the term ``decommission'' means, with respect to a road--
(i) to reestablish vegetation on the road; and
(ii) to restore any natural drainage, watershed function, or other ecological process that is disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism.
(B) Decommissioning.--To the maximum extent practicable, the Secretary shall decommission any unneeded National Forest System road or any unauthorized road identified for decommissioning within the restoration area--
(i) subject to appropriations;
(ii) consistent with the analysis required under subparts A and B of part 212 of title 36, Code of Federal Regulations
(or successor regulations); and
(iii) in accordance with existing law.
(C) Additional requirement.--In making determinations with respect to the decommissioning of a road under subparagraph
(B), the Secretary shall consult with--
(i) appropriate State, Tribal, and local governmental entities; and
(ii) members of the public.
(6) Vegetation management.--
(A) In general.--Subject to subparagraphs (B), (C), and
(D), the Secretary may carry out any vegetation management projects in the restoration area that the Secretary determines to be necessary--
(i) to maintain or restore the characteristics of ecosystem composition and structure;
(ii) to reduce wildfire risk to the community by promoting forests that are fire resilient;
(iii) to improve the habitat of threatened species, endangered species, or sensitive species;
(iv) to protect or improve water quality; or
(v) to enhance the restoration of land within the restoration area.
(B) Additional requirements.--
(i) Shaded fuel breaks.--In carrying out subparagraph (A), the Secretary shall prioritize, as practicable, the establishment in the restoration area of a network of shaded fuel breaks within--
(I) any portion of the wildland-urban interface that is within 150 feet of private property contiguous to Federal land;
(II) on the condition that the Secretary includes vegetation treatments within a minimum of 25 feet of a road that is open to motorized vehicles as of the date of enactment of this Act if practicable, feasible, and appropriate as part of any shaded fuel break--
(aa) 150 feet of the road; or
(bb) as topography or other conditions require, 275 feet of the road, if the combined total width of the shaded fuel breaks for both sides of the road does not exceed 300 feet; or
(III) 150 feet of any plantation.
(ii) Plantations; riparian reserves.--The Secretary may carry out vegetation management projects--
(I) in an area within the restoration area in which a fish or wildlife habitat is significantly compromised as a result of past management practices (including plantations); and
(II) in designated riparian reserves in the restoration area, as the Secretary determines to be necessary--
(aa) to maintain the integrity of fuel breaks; or
(bb) to enhance fire resilience.
(C) Applicable law.--The Secretary shall carry out vegetation management projects in the restoration area--
(i) in accordance with--
(I) this section; and
(II) applicable law (including regulations);
(ii) after providing an opportunity for public comment; and
(iii) subject to appropriations.
(D) Best available science.--The Secretary shall use the best available science in planning and carrying out vegetation management projects in the restoration area.
(7) Grazing.--
(A) Existing grazing.--The grazing of livestock in the restoration area, where established before the date of enactment of this Act, shall be permitted to continue--
(i) subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary;
(ii) in accordance with applicable law (including regulations); and
(iii) in a manner consistent with the purposes described in subsection (c).
(B) Targeted new grazing.--The Secretary may issue annual targeted grazing permits for the grazing of livestock in an area of the restoration area in which the grazing of livestock is not authorized before the date of enactment of this Act to control noxious weeds, aid in the control of wildfire within the wildland-urban interface, or provide other ecological benefits--
(i) subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and
(ii) in a manner consistent with the purposes described in subsection (c).
(C) Best available science.--The Secretary shall use the best available science in determining whether to issue targeted grazing permits under subparagraph (B) within the restoration area.
(e) Withdrawal.--Subject to valid existing rights, the restoration area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(f) Use of Stewardship Contracts.--To the maximum extent practicable, the Secretary shall--
(1) use stewardship contracts to carry out this section; and
(2) use revenue derived from stewardship contracts under paragraph (1) to carry out restoration and other activities within the restoration area, including staff and administrative costs to support timely consultation activities for restoration projects.
(g) Collaboration.--In developing and carrying out restoration projects in the restoration area, the Secretary shall consult with collaborative groups with an interest in the restoration area.
(h) Environmental Review.--A collaboratively developed restoration project within the restoration area may be carried out in accordance with the provisions for hazardous fuel reduction projects in sections 104, 105, and 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514, 6515, 6516), as applicable.
(i) Multiparty Monitoring.--The Secretary of Agriculture shall--
(1) in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of restoration projects within the restoration area; and
(2) incorporate the monitoring results into the management of the restoration area.
(j) Available Authorities.--The Secretary shall use any available authorities to secure the funding necessary to fulfill the purposes of the restoration area.
(k) Forest Residues Utilization.--
(1) In general.--In accordance with applicable law
(including regulations) and this section, the Secretary may use forest residues from restoration projects, including shaded fuel breaks, in the restoration area for research and development of biobased products that result in net carbon sequestration.
(2) Partnerships.--In carrying out paragraph (1), the Secretary may enter into partnerships with institutions of higher education, nongovernmental organizations, industry, Tribes, and Federal, State, and local governmental agencies.
SEC. 5112. REDWOOD NATIONAL AND STATE PARKS RESTORATION.
(a) Partnership Agreements.--The Secretary of the Interior may carry out initiatives to restore degraded redwood forest ecosystems in Redwood National and State Parks in partnership with the State, local agencies, and nongovernmental organizations.
(b) Applicable Law.--In carrying out an initiative under subsection (a), the Secretary of the Interior shall comply with applicable law.
SEC. 5113. CALIFORNIA PUBLIC LAND REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the California Public Land Remediation Partnership established by subsection (b).
(2) Priority land.--The term ``priority land'' means Federal land in the State that is determined by the partnership to be a high priority for remediation.
(3) Remediation.--
(A) In general.--The term ``remediation'' means to facilitate the recovery of land or water that has been degraded, damaged, or destroyed by illegal marijuana cultivation or another illegal activity.
(B) Inclusions.--The term ``remediation'' includes--
(i) the removal of trash, debris, or other material; and
(ii) establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial or aquatic ecosystem sustainability, resilience, or health under current and future conditions.
(b) Establishment.--There is established the California Public Land Remediation Partnership.
(c) Purposes.--The purposes of the partnership are--
(1) to coordinate the activities of Federal, State, Tribal, and local authorities and the private sector in the remediation of priority land in the State affected by illegal marijuana cultivation or another illegal activity; and
(2) to use the resources and expertise of each agency, authority, or entity referred to in paragraph (1) in implementing remediation activities on priority land in the State.
(d) Membership.--The members of the partnership shall include the following:
(1) The Secretary of Agriculture (or a designee) to represent the Forest Service.
(2) The Secretary of the Interior (or a designee) to represent--
(A) the United States Fish and Wildlife Service;
(B) the Bureau of Land Management; and
(C) the National Park Service.
(3) The Director of the Office of National Drug Control Policy (or a designee).
(4) The Secretary of the State Natural Resources Agency (or a designee) to represent the California Department of Fish and Wildlife.
(5) A designee of the California State Water Resources Control Board.
(6) A designee of the California State Sheriffs' Association.
(7) 1 member to represent federally recognized Indian Tribes, to be appointed by the Secretary of Agriculture.
(8) 1 member to represent nongovernmental organizations with an interest in Federal land remediation, to be appointed by the Secretary of Agriculture.
(9) 1 member to represent local governmental interests, to be appointed by the Secretary of Agriculture.
(10) A law enforcement official from each of the following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A scientist to provide expertise and advice on methods needed for remediation efforts, to be appointed by the Secretary of Agriculture.
(12) A designee of the National Guard Counterdrug Program.
(e) Duties.--To further the purposes of this section, the partnership shall--
(1) identify priority land for remediation in the State;
(2) secure resources from Federal sources and non-Federal sources for remediation of priority land in the State;
(3) support efforts by Federal, State, Tribal, and local agencies and nongovernmental organizations in carrying out remediation of priority land in the State;
(4) support research and education on the impacts of, and solutions to, illegal marijuana cultivation and other illegal activities on priority land in the State;
(5) involve other Federal, State, Tribal, and local agencies, nongovernmental organizations, and the public in remediation efforts on priority land in the State, to the maximum extent practicable; and
(6) carry out any other administrative or advisory activities necessary to address remediation of priority land in the State.
(f) Authorities.--Subject to the prior approval of the Secretary of Agriculture, the partnership may--
(1) provide grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested persons;
(3) hire and compensate staff;
(4) obtain funds or services from any source, including--
(A) Federal funds (including funds and services provided under any other Federal law or program); and
(B) non-Federal funds;
(5) contract for goods or services; and
(6) support --
(A) activities of partners; and
(B) any other activities that further the purposes of this section.
(g) Procedures.--The partnership shall establish any rules and procedures that the partnership determines to be necessary or appropriate.
(h) Local Hiring.--The partnership shall, to the maximum extent practicable and in accordance with existing law, give preference to local entities and individuals in carrying out this section.
(i) Service Without Compensation.--A member of the partnership shall serve without pay.
(j) Duties and Authorities of the Secretaries.--
(1) In general.--The Secretary of Agriculture shall convene the partnership on a regular basis to carry out this section.
(2) Technical and financial assistance.--The Secretary of Agriculture and the Secretary of the Interior may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, as determined to be appropriate by the Secretary of Agriculture or the Secretary of the Interior, as applicable, to the partnership or any members of the partnership to carry out this section.
(3) Cooperative agreements.--The Secretary of Agriculture and the Secretary of the Interior may enter into cooperative agreements with the partnership, any member of the partnership, or other public or private entities to provide technical, financial, or other assistance to carry out this section.
SEC. 5114. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretary''), may establish, in cooperation with any other public or private entity that the Secretary determines to be appropriate, a visitor center in Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the visitor center authorized under subsection (a) is designed to provide for the interpretation of the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of the Whiskeytown-Shasta-Trinity National Recreation Area and other Federal land in the vicinity of the visitor center.
(c) Cooperative Agreements.--In a manner consistent with this section, the Secretary may enter into cooperative agreements with the State and any other appropriate institutions and organizations to carry out the purposes of this section.
SEC. 5115. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and the Secretary of the Interior, acting jointly or separately
(referred to in this section as the ``Secretaries''), may establish, in cooperation with any other public or private entity that the Secretaries determine to be appropriate, a visitor center in Del Norte County, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood National and State Parks, the Smith River National Recreation Area, and any other Federal land in the vicinity of the visitor center.
(b) Requirements.--The Secretaries shall ensure that the visitor center authorized under subsection (a) is designed to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of Redwood National and State Parks, the Smith River National Recreation Area, and any other Federal land in the vicinity of the visitor center.
SEC. 5116. MANAGEMENT PLANS.
(a) In General.--In revising the land and resource management plan for each of the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National Forests, the Secretary shall--
(1) consider the purposes of the South Fork Trinity-Mad River Restoration Area established by section 5111(b); and
(2) include or update the fire management plan for a wilderness area or wilderness addition established by this title.
(b) Requirement.--In making the revisions under subsection
(a), the Secretary shall--
(1) develop spatial fire management plans in accordance with--
(A) the Guidance for Implementation of Federal Wildland Fire Management Policy, dated February 13, 2009, including any amendments to the guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire can be used to achieve ecological management objectives of wilderness and other natural or primitive areas; and
(B) in the case of a wilderness area to which land is added under section 5131, provides consistent direction regarding fire management to the entire wilderness area, including the wilderness addition;
(3) consult with--
(A) appropriate State, Tribal, and local governmental entities; and
(B) members of the public; and
(4) comply with applicable law (including regulations).
SEC. 5117. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT
ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior (referred to in this section as the ``Secretary''), in consultation with interested Federal, State, Tribal, and local entities and private and nonprofit organizations, shall conduct a study to evaluate the feasibility and suitability of establishing overnight accommodations near Redwood National and State Parks on--
(1) Federal land that is--
(A) at the northern boundary of Redwood National and State Parks; or
(B) on land within 20 miles of the northern boundary of Redwood National and State Parks; and
(2) Federal land that is--
(A) at the southern boundary of Redwood National and State Parks; or
(B) on land within 20 miles of the southern boundary of Redwood National and State Parks.
(b) Partnerships.--
(1) Agreements authorized.--If the Secretary determines, based on the study conducted under subsection (a), that establishing the accommodations described in that subsection is suitable and feasible, the Secretary may, in accordance with applicable law, enter into 1 or more agreements with qualified private and nonprofit organizations for the development, operation, and maintenance of the accommodations.
(2) Contents.--Any agreement entered into under paragraph
(1) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization entering into the agreement.
(3) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or
(B) amends or modifies the application of any law
(including regulations) applicable to land under the jurisdiction of the Secretary.
Subtitle B--Recreation
SEC. 5121. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there is established the Horse Mountain Special Management Area
(referred to in this section as the ``special management area'') comprising approximately 7,482 acres of Federal land administered by the Forest Service in Humboldt County, California, as generally depicted on the map entitled ``Horse Mountain Special Management Area'' and dated May 15, 2020.
(b) Purpose.--The purpose of the special management area is to enhance the recreational and scenic values of the special management area while conserving the plants, wildlife, and other natural resource values of the area.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary of Agriculture (referred to in this section as the ``Secretary'') shall develop a comprehensive plan for the long-term management of the special management area.
(2) Consultation.--In developing the management plan required under paragraph (1), the Secretary shall consult with--
(A) appropriate State, Tribal, and local governmental entities; and
(B) members of the public.
(3) Additional requirement.--The management plan required under paragraph (1) shall ensure that recreational use within the special management area does not cause significant adverse impacts on the plants and wildlife of the special management area.
(d) Management.--
(1) In general.--The Secretary shall manage the special management area--
(A) in furtherance of the purpose described in subsection
(b); and
(B) in accordance with--
(i) the laws (including regulations) generally applicable to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Recreation.--The Secretary shall continue to authorize, maintain, and enhance the recreational use of the special management area, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, mountain bicycling, motorized recreation on authorized routes, and other recreational activities, if the recreational use is consistent with--
(A) the purpose of the special management area;
(B) this section;
(C) other applicable law (including regulations); and
(D) any applicable management plans.
(3) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph (B), the use of motorized vehicles in the special management area shall be permitted only on roads and trails designated for the use of motorized vehicles.
(B) Use of snowmobiles.--The winter use of snowmobiles shall be allowed in the special management area--
(i) during periods of adequate snow coverage during the winter season; and
(ii) subject to any terms and conditions determined to be necessary by the Secretary.
(4) New trails.--
(A) In general.--The Secretary may construct new trails for motorized or nonmotorized recreation within the special management area in accordance with--
(i) the laws (including regulations) generally applicable to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(B) Priority.--In establishing new trails within the special management area, the Secretary shall--
(i) prioritize the establishment of loops that provide high-quality, diverse recreational experiences; and
(ii) consult with members of the public.
(e) Withdrawal.--Subject to valid existing rights, the special management area is withdrawn from--
(1) all forms of appropriation or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and geothermal leasing.
SEC. 5122. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture
(referred to in this section as the ``Secretary''), in cooperation with the Secretary of the Interior, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a study that describes the feasibility of establishing a nonmotorized Bigfoot National Recreation Trail that follows the route described in paragraph (2).
(2) Route.--The route referred to in paragraph (1) shall extend from the Ides Cove Trailhead in the Mendocino National Forest to Crescent City, California, following the route as generally depicted on the map entitled ``Bigfoot National Recreation Trail--Proposed'' and dated July 25, 2018.
(3) Additional requirement.--In completing the study required under paragraph (1), the Secretary shall consult with--
(A) appropriate Federal, State, Tribal, regional, and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--On a determination by the Secretary that the Bigfoot National Recreation Trail is feasible and meets the requirements for a National Recreation Trail under section 4 of the National Trails System Act (16 U.S.C. 1243), the Secretary shall designate the Bigfoot National Recreation Trail (referred to in this section as the ``trail'') in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241 et seq.)
(B) this title; and
(C) other applicable law (including regulations).
(2) Administration.--On designation by the Secretary, the trail shall be administered by the Secretary, in consultation with--
(A) other Federal, State, Tribal, regional, and local agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may be located on non-Federal land without the written consent of the landowner.
(B) Prohibition.--The Secretary shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or
(ii) modifies any provision of Federal, State, or local law with respect to public access to or use of private land.
(c) Cooperative Agreements.--In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local government entities and private entities--
(1) to complete necessary trail construction, reconstruction, realignment, or maintenance; or
(2) carry out education projects relating to the trail.
(d) Map.--
(1) Map required.--On designation of the trail, the Secretary shall prepare a map of the trail.
(2) Public availability.--The map referred to in paragraph
(1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
SEC. 5123. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2), the Secretary of Agriculture (referred to in this section as the
``Secretary''), after providing an opportunity for public comment, shall designate a trail (which may include a system of trails)--
(A) for use by off-highway vehicles, mountain bicycles, or both; and
(B) to be known as the ``Elk Camp Ridge Recreation Trail''
(referred to in this section as the ``trail'').
(2) Requirements.--In designating the trail under paragraph
(1), the Secretary shall only include routes that are--
(A) as of the date of enactment of this Act, authorized for use by off-highway vehicles, mountain bicycles, or both; and
(B) located on land that is managed by the Forest Service in Del Norte County in the State.
(3) Map.--A map that depicts the trail shall be on file and available for public inspection in the appropriate offices of the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the trail--
(A) in accordance with applicable law (including regulations);
(B) in a manner that ensures the safety of citizens who use the trail; and
(C) in a manner that minimizes any damage to sensitive habitat or cultural resources.
(2) Monitoring; evaluation.--To minimize the impacts of the use of the trail on environmental and cultural resources, the Secretary shall annually assess the effects of the use of off-highway vehicles and mountain bicycles on--
(A) the trail;
(B) land located in proximity to the trail; and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the State and Del Norte County in the State and subject to paragraph
(4), may temporarily close or permanently reroute a portion of the trail if the Secretary determines that--
(A) the trail is having an adverse impact on--
(i) wildlife habitat;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is temporarily closed by the Secretary under paragraph (3) may be permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of the closure of the portion of the trail;
(ii) located on public land; and
(iii) open to motorized or mechanized use; and
(B) if the Secretary determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail.
(5) Notice of available routes.--The Secretary shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail routes through--
(A) the placement of appropriate signage along the trail; and
(B) the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate.
(c) Effect.--Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 5124. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the date of enactment of this Act, the Secretary shall study the feasibility and public interest of constructing a recreational trail for nonmotorized uses around Trinity Lake
(referred to in this section as the ``trail'').
(2) Construction.--
(A) Construction authorized.--Subject to appropriations, and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of the trail is feasible and in the public interest, the Secretary may provide for the construction of the trail.
(B) Use of volunteer services and contributions.--The trail may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the trail.
(3) Compliance.--In carrying out this section, the Secretary shall comply with--
(A) the laws (including regulations) generally applicable to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 5125. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in accordance with subsection (b) and in consultation with interested parties, shall conduct a study to improve motorized and nonmotorized recreation trail opportunities
(including mountain bicycling) on land not designated as wilderness within the portions of the Six Rivers, Shasta-Trinity, and Mendocino National Forests located in Del Norte, Humboldt, Trinity, and Mendocino Counties in the State.
(b) Consultation.--In carrying out the study under subsection (a), the Secretary of Agriculture shall consult with the Secretary of the Interior regarding opportunities to improve, through increased coordination, recreation trail opportunities on land under the jurisdiction of the Secretary of the Interior that shares a boundary with the National Forest System land described in subsection (a).
SEC. 5126. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture
(referred to in this section as the ``Secretary'') shall study the feasibility and public interest of constructing recreational trails for mountain bicycling and other nonmotorized uses on the routes as generally depicted in the report entitled ``Trail Study for Smith River National Recreation Area Six Rivers National Forest'' and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to appropriations and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of 1 or more routes described in that paragraph is feasible and in the public interest, the Secretary may provide for the construction of the routes.
(B) Modifications.--The Secretary may modify the routes, as determined to be necessary by the Secretary.
(C) Use of volunteer services and contributions.--Routes may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the route.
(3) Compliance.--In carrying out this section, the Secretary shall comply with--
(A) the laws (including regulations) generally applicable to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 5127. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary may enter into agreements with qualified private and nonprofit organizations to carry out the following activities on Federal land in Mendocino, Humboldt, Trinity, and Del Norte Counties in the State:
(1) Trail and campground maintenance.
(2) Public education, visitor contacts, and outreach.
(3) Visitor center staffing.
(b) Contents.--An agreement entered into under subsection
(a) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements under subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or
(2) amends or modifies the application of any existing law
(including regulations) applicable to land under the jurisdiction of the Secretary.
Subtitle C--Conservation
SEC. 5131. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:
(1) Black butte river wilderness.--Certain Federal land managed by the Forest Service in the State, comprising approximately 11,155 acres, as generally depicted on the map entitled ``Black Butte Wilderness--Proposed'' and dated May 15, 2020, which shall be known as the ``Black Butte River Wilderness''.
(2) Chanchelulla wilderness additions.--Certain Federal land managed by the Forest Service in the State, comprising approximately 6,382 acres, as generally depicted on the map entitled ``Chanchelulla Wilderness Additions--Proposed'' and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Chanchelulla Wilderness designated by section 101(a)(4) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1619).
(3) Chinquapin wilderness.--Certain Federal land managed by the Forest Service in the State, comprising approximately 27,164 acres, as generally depicted on the map entitled
``Chinquapin Wilderness--Proposed'' and dated May 15, 2020, which shall be known as the ``Chinquapin Wilderness''.
(4) Elkhorn ridge wilderness addition.--Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 37 acres, as generally depicted on the map entitled ``Proposed Elkhorn Ridge Wilderness Additions'' and dated October 24, 2019, which is incorporated in, and considered to be a part of, the Elkhorn Ridge Wilderness designated by section 6(d) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2070).
(5) English ridge wilderness.--Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 6,204 acres, as generally depicted on the map entitled ``English Ridge Wilderness--Proposed'' and dated March 29, 2019, which shall be known as the ``English Ridge Wilderness''.
(6) Headwaters forest wilderness.--Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 4,360 acres, as generally depicted on the map entitled ``Headwaters Forest Wilderness--Proposed'' and dated October 15, 2019, which shall be known as the ``Headwaters Forest Wilderness''.
(7) Mad river buttes wilderness.--Certain Federal land managed by the Forest Service in the State, comprising approximately 6,097 acres, as generally depicted on the map entitled ``Mad River Buttes Wilderness--Proposed'' and dated May 15, 2020, which shall be known as the ``Mad River Buttes Wilderness''.
(8) Mount lassic wilderness addition.--Certain Federal land managed by the Forest Service in the State, comprising approximately 1,288 acres, as generally depicted on the map entitled ``Mt. Lassic Wilderness Additions--Proposed'' and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Mount Lassic Wilderness designated by section 3(6) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2065).
(9) North fork wilderness addition.--Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 16,342 acres, as generally depicted on the map entitled ``North Fork Eel Wilderness Additions'' and dated May 15, 2020, which is incorporated in, and considered to be a part of, the North Fork Wilderness designated by section 101(a)(19) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1621).
(10) Pattison wilderness.--Certain Federal land managed by the Forest Service in the State, comprising approximately 29,451 acres, as generally depicted on the map entitled
``Pattison Wilderness--Proposed'' and dated May 15, 2020, which shall be known as the ``Pattison Wilderness''.
(11) Sanhedrin wilderness addition.--Certain Federal land managed by the Forest Service in the State, comprising approximately 112 acres, as generally depicted on the map entitled ``Sanhedrin Wilderness Addition--Proposed'' and dated March 29, 2019, which is incorporated in, and considered to be a part of, the Sanhedrin Wilderness designated by section 3(2) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2065).
(12) Siskiyou wilderness addition.--Certain Federal land managed by the Forest Service in the State, comprising approximately 23,913 acres, as generally depicted on the maps entitled ``Siskiyou Wilderness Additions--Proposed (North)'' and ``Siskiyou Wilderness Additions--Proposed (South)'' and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Siskiyou Wilderness, as designated by section 101(a)(30) of the California Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
(13) South fork eel river wilderness addition.--Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 603 acres, as generally depicted on the map entitled ``South Fork Eel River Wilderness Additions--Proposed'' and dated October 24, 2019, which is incorporated in, and considered to be a part of, the South Fork Eel River Wilderness designated by section 3(10) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2066).
(14) South fork trinity river wilderness.--Certain Federal land managed by the Forest Service in the State, comprising approximately 26,115 acres, as generally depicted on the map entitled ``South Fork Trinity River Wilderness Additions--Proposed'' and dated May 15, 2020, which shall be known as the ``South Fork Trinity River Wilderness''.
(15) Trinity alps wilderness addition.--Certain Federal land managed by the Forest Service in the State, comprising approximately 61,187 acres, as generally depicted on the maps entitled ``Trinity Alps Proposed Wilderness Additions EAST'' and ``Trinity Alps Wilderness Additions West--Proposed'' and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Trinity Alps Wilderness designated by section 101(a)(34) of the California Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
(16) Underwood wilderness.--Certain Federal land managed by the Forest Service in the State, comprising approximately 15,068 acres, as generally depicted on the map entitled
``Underwood Wilderness--Proposed'' and dated May 15, 2020, which shall be known as the ``Underwood Wilderness''.
(17) Yolla bolly-middle eel wilderness additions.--Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 11,243 acres, as generally depicted on the maps entitled ``Yolla Bolly Wilderness Proposed--NORTH'', ``Yolla Bolly Wilderness Proposed--SOUTH'', and ``Yolla Bolly Wilderness Proposed--WEST'' and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness designated by section 3 of the Wilderness Act (16 U.S.C. 1132).
(18) Yuki wilderness addition.--Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 11,076 acres, as generally depicted on the map entitled ``Yuki Wilderness Additions--Proposed'' and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Yuki Wilderness designated by section 3(3) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork Eel River Wilderness.--
(1) In general.--Section 101(a)(19) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1621) is amended by striking ``which shall be known as the North Fork Wilderness'' and inserting ``which shall be known as the `North Fork Eel River Wilderness' ''.
(2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the
``North Fork Wilderness'' shall be considered to be a reference to the ``North Fork Eel River Wilderness''.
(c) Elkhorn Ridge Wilderness Modification.--The boundary of the Elkhorn Ridge Wilderness established by section 6(d) of the Northern California Coastal Wild Heritage Wilderness Act
(16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2070) is modified by removing approximately 30 acres of Federal land, as generally depicted on the map entitled ``Proposed Elkhorn Ridge Wilderness Additions'' and dated October 24, 2019.
SEC. 5132. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, a wilderness area or wilderness addition established by section 131(a) (referred to in this section as a ``wilderness area or addition'') shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
(2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may carry out any activities in a wilderness area or addition as are necessary for the control of fire, insects, or disease in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
(B) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98-40).
(2) Funding priorities.--Nothing in this subtitle limits funding for fire or fuels management in a wilderness area or addition.
(3) Administration.--In accordance with paragraph (1) and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area or addition, the Secretary of Agriculture shall--
(A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and
(B) enter into agreements with appropriate State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area or addition, if established before the date of enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(2)(A) for land under the jurisdiction of the Secretary of Agriculture, the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96-617); and
(B) for land under the jurisdiction of the Secretary of the Interior, the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State.
(2) Management activities.--In support of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activity that the Secretary determines to be necessary to maintain or restore a fish, wildlife, or plant population or habitat in a wilderness area or addition, if the management activity is conducted in accordance with--
(A) an applicable wilderness management plan;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this subtitle establishes a protective perimeter or buffer zone around a wilderness area or addition.
(2) Outside activities or uses.--The fact that a nonwilderness activity or use can be seen or heard from within a wilderness area or addition shall not preclude the activity or use outside the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over a wilderness area or addition;
(2) the designation of a new unit of special airspace over a wilderness area or addition; or
(3) the use or establishment of a military flight training route over a wilderness area or addition.
(g) Horses.--Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a wilderness area or addition--
(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness areas and additions are withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal leasing laws.
(i) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness areas and additions by members of Indian Tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian Tribes have access to the wilderness areas and additions for traditional cultural and religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public 1 or more specific portions of a wilderness area or addition to protect the privacy of the members of the Indian Tribe in the conduct of the traditional cultural and religious activities in the wilderness area or addition.
(B) Requirement.--Any closure under subparagraph (A) shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas and wilderness additions under this subsection shall be in accordance with--
(A) Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(j) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area or addition that is acquired by the United States shall--
(1) become part of the wilderness area or addition in which the land is located;
(2) be withdrawn in accordance with subsection (h); and
(3) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) any other applicable law.
(k) Climatological Data Collection.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in a wilderness area or addition if the Secretary determines that the devices and access to the devices are essential to a flood warning, flood control, or water reservoir operation activity.
(l) Authorized Events.--The Secretary may continue to authorize the competitive equestrian event permitted since 2012 in the Chinquapin Wilderness established by section 5131(a)(3) in a manner compatible with the preservation of the area as wilderness.
(m) Recreational Climbing.--Nothing in this title prohibits recreational rock climbing activities in the wilderness areas or additions, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) subject to any terms and conditions determined to be necessary by the Secretary.
SEC. 5133. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as potential wilderness areas:
(1) Certain Federal land managed by the Forest Service, comprising approximately 4,005 acres, as generally depicted on the map entitled ``Chinquapin Proposed Potential Wilderness'' and dated May 15, 2020.
(2) Certain Federal land administered by the National Park Service, compromising approximately 31,000 acres, as generally depicted on the map entitled ``Redwood National Park--Potential Wilderness'' and dated October 9, 2019.
(3) Certain Federal land managed by the Forest Service, comprising approximately 5,681 acres, as generally depicted on the map entitled ``Siskiyou Proposed Potential Wildernesses'' and dated May 15, 2020.
(4) Certain Federal land managed by the Forest Service, comprising approximately 446 acres, as generally depicted on the map entitled ``South Fork Trinity River Proposed Potential Wilderness'' and dated May 15, 2020.
(5) Certain Federal land managed by the Forest Service, comprising approximately 1,256 acres, as generally depicted on the map entitled ``Trinity Alps Proposed Potential Wilderness'' and dated May 15, 2020.
(6) Certain Federal land managed by the Forest Service, comprising approximately 4,386 acres, as generally depicted on the map entitled ``Yolla Bolly Middle-Eel Proposed Potential Wilderness'' and dated May 15, 2020.
(7) Certain Federal land managed by the Forest Service, comprising approximately 2,918 acres, as generally depicted on the map entitled ``Yuki Proposed Potential Wilderness'' and dated May 15, 2020.
(b) Management.--Except as provided in subsection (c) and subject to valid existing rights, the Secretary shall manage each potential wilderness area designated by subsection (a)
(referred to in this section as a ``potential wilderness area'') as wilderness until the date on which the potential wilderness area is designated as wilderness under subsection
(d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, repair of skid tracks, and any other activities necessary to restore the natural ecosystems in a potential wilderness area and consistent with paragraph (2)), the Secretary may use motorized equipment and mechanized transport in a potential wilderness area until the date on which the potential wilderness area is designated as wilderness under subsection
(d).
(2) Limitation.--To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources.
(d) Wilderness Designation.--A potential wilderness area shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of--
(1) the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; and
(2) the date that is 10 years after the date of enactment of this Act, in the case of a potential wilderness area located on land managed by the Forest Service.
(e) Administration as Wilderness.--
(1) In general.--On the designation of a potential wilderness area as wilderness under subsection (d), the wilderness shall be administered in accordance with--
(A) section 5132; and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Designation.--On the designation as wilderness under subsection (d)--
(A) the land described in subsection (a)(1) shall be incorporated in, and considered to be a part of, the Chinquapin Wilderness established by section 5131(a)(3);
(B) the land described in subsection (a)(3) shall be incorporated in, and considered to be a part of, the Siskiyou Wilderness designated by section 101(a)(30) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623);
(C) the land described in subsection (a)(4) shall be incorporated in, and considered to be a part of, the South Fork Trinity River Wilderness established by section 5131(a)(14);
(D) the land described in subsection (a)(5) shall be incorporated in, and considered to be a part of, the Trinity Alps Wilderness designated by section 101(a)(34) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623);
(E) the land described in subsection (a)(6) shall be incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness designated by section 3 of the Wilderness Act (16 U.S.C. 1132); and
(F) the land described in subsection (a)(7) shall be incorporated in, and considered to be a part of, the Yuki Wilderness designated by section 3(3) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2065) and expanded by section 5131(a)(18).
(f) Report.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter until the date on which the potential wilderness areas are designated as wilderness under subsection (d), the Secretary shall 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 that describes--
(1) the status of ecological restoration within the potential wilderness areas; and
(2) the progress toward the eventual designation of the potential wilderness areas as wilderness under subsection
(d).
SEC. 5134. DESIGNATION OF WILD AND SCENIC RIVERS.
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) South fork trinity river.--The following segments from the source tributaries in the Yolla Bolly-Middle Eel Wilderness, to be administered by the Secretary of Agriculture:
``(A) The 18.3-mile segment from its multiple source springs in the Cedar Basin of the Yolla Bolly-Middle Eel Wilderness in sec. 15, T. 27 N., R. 10 W., to 0.25 miles upstream of the Wild Mad Road, as a wild river.
``(B) The 0.65-mile segment from 0.25 miles upstream of Wild Mad Road to the confluence with the unnamed tributary approximately 0.4 miles downstream of the Wild Mad Road in sec. 29, T. 28 N., R. 11 W., as a scenic river.
``(C) The 9.8-mile segment from 0.75 miles downstream of Wild Mad Road to Silver Creek, as a wild river.
``(D) The 5.4-mile segment from Silver Creek confluence to Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek to Cave Creek, as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to the confluence of the unnamed creek upstream of Hidden Valley Ranch in sec. 5, T. 15, R. 7 E., as a wild river.
``(G) The 2.5-mile segment from the unnamed creek confluence upstream of Hidden Valley Ranch to the confluence with the unnamed creek flowing west from Bear Wallow Mountain in sec. 29, T. 1 N., R. 7 E., as a scenic river.
``(H) The 3.8-mile segment from the unnamed creek confluence in sec. 29, T. 1 N., R. 7 E., to Plummer Creek, as a wild river.
``(I) The 1.8-mile segment from Plummer Creek to the confluence with the unnamed tributary north of McClellan Place in sec. 6, T. 1 N., R. 7 E., as a scenic river.
``(J) The 5.4-mile segment from the unnamed tributary confluence in sec. 6, T. 1 N., R. 7 E., to Hitchcock Creek, as a wild river.
``(K) The 7-mile segment from Eltapom Creek to the Grouse Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to Coon Creek, as a wild river.
``(232) East fork south fork trinity river.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 8.4-mile segment from its source in the Pettijohn Basin in the Yolla Bolly-Middle Eel Wilderness in sec. 10, T. 3 S., R. 10 W., to 0.25 miles upstream of the Wild Mad Road, as a wild river.
``(B) The 3.4-mile segment from 0.25 miles upstream of the Wild Mad Road to the South Fork Trinity River, as a recreational river.
``(233) Rattlesnake creek.--The 5.9-mile segment from the confluence with the unnamed tributary in the southeast corner of sec. 5, T. 1 S., R. 12 W., to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a recreational river.
``(234) Butter creek.--The 7-mile segment from 0.25 miles downstream of the Road 3N08 crossing to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a scenic river.
``(235) Hayfork creek.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek to Bear Creek, as a recreational river.
``(B) The 13.2-mile segment from Bear Creek to the northern boundary of sec. 19, T. 3 N., R. 7 E., as a scenic river.
``(236) Olsen creek.--The 2.8-mile segment from the confluence of its source tributaries in sec. 5, T. 3 N., R. 7 E., to the northern boundary of sec. 24, T. 3 N., R. 6 E., to be administered by the Secretary of the Interior as a scenic river.
``(237) Rusch creek.--The 3.2-mile segment from 0.25 miles downstream of the 32N11 Road crossing to Hayfork Creek, to be administered by the Secretary of Agriculture as a recreational river.
``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn Creek to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a wild river.
``(239) Grouse creek.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek to Cow Creek, as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to the South Fork Trinity River, as a recreational river.
``(240) Madden creek.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the confluence of Madden Creek and its unnamed tributary in sec. 18, T. 5 N., R. 5 E., to Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile Creek to the South Fork Trinity River, as a recreational river.
``(241) Canyon creek.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior:
``(A) The 6.6-mile segment from the outlet of lower Canyon Creek Lake to Bear Creek upstream of Ripstein, as a wild river.
``(B) The 11.2-mile segment from Bear Creek upstream of Ripstein to the southern boundary of sec. 25, T. 34 N., R. 11 W., as a recreational river.
``(242) North fork trinity river.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 12-mile segment from the confluence of source tributaries in sec. 24, T. 8 N., R. 12 W., to the Trinity Alps Wilderness boundary upstream of Hobo Gulch, as a wild river.
``(B) The 0.5-mile segment from where the river leaves the Trinity Alps Wilderness to where it fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic river.
``(C) The 13.9-mile segment from where the river fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch to the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing, as a wild river.
``(D) The 1.3-mile segment from the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing to the Trinity River, as a recreational river.
``(243) East fork north fork trinity river.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment from the source north of Mt. Hilton in sec. 19, T. 36 N., R. 10 W., to the end of Road 35N20 approximately 0.5 miles downstream of the confluence with the East Branch East Fork North Fork Trinity River, as a wild river.
``(B) The 3.25-mile segment from the end of Road 35N20 to 0.25 miles upstream of Coleridge, as a scenic river.
``(C) The 4.6-mile segment from 0.25 miles upstream of Coleridge to the confluence of Fox Gulch, as a recreational river.
``(244) New river.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek from its source spring in sec. 22, T. 9 N., R. 7 E., to Slide Creek, as a wild river.
``(B) The 2.3-mile segment of the New River where it begins at the confluence of Virgin and Slide Creeks to Barron Creek, as a wild river.
``(245) Middle eel river.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source in Frying Pan Meadow to Rose Creek, as a wild river.
``(B) The 1.5-mile segment from Rose Creek to the Black Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead Creek from its source in Hopkins Hollow to the Middle Eel River, as a wild river.
``(D) The 13-mile segment of the North Fork Middle Fork Eel River from the source on Dead Puppy Ridge in sec. 11, T. 26 N., R. 11 W., to the confluence of the Middle Eel River, as a wild river.
``(246) North fork eel river, california.--The 14.3-mile segment from the confluence with Gilman Creek to the Six Rivers National Forest boundary, to be administered by the Secretary of Agriculture as a wild river.
``(247) Red mountain creek, california.--The following segments, to be administered by the Secretary of Agriculture:
``(A) The 5.25-mile segment from its source west of Mike's Rock in sec. 23, T. 26 N., R. 12 E., to the confluence with Littlefield Creek, as a wild river.
``(B) The 1.6-mile segment from the confluence with Littlefield Creek to the confluence with the unnamed tributary in sec. 32, T. 26 N., R. 8 E., as a scenic river.
``(C) The 1.25-mile segment from the confluence with the unnamed tributary in sec. 32, T. 4 S., R. 8 E., to the confluence with the North Fork Eel River, as a wild river.
``(248) Redwood creek.--The following segments, to be administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with Lacks Creek to the confluence with Coyote Creek, as a scenic river, on publication by the Secretary of the Interior of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title to establish a manageable addition to the National Wild and Scenic Rivers System.
``(B) The 19.1-mile segment from the confluence with Coyote Creek in sec. 2, T. 8 N., R. 2 E., to the Redwood National Park boundary upstream of Orick in sec. 34, T. 11 N., R. 1 E., as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek (also known as Harry Weir Creek) from its source in sec. 29, T. 10 N., R. 2 E., to the confluence with Redwood Creek, as a scenic river.
``(249) Lacks creek.--The following segments, to be administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the confluence with 2 unnamed tributaries in sec. 14, T. 7 N., R. 3 E., to Kings Crossing in sec. 27, T. 8 N., R. 3 E., as a wild river.
``(B) The 2.7-mile segment from Kings Crossing to the confluence with Redwood Creek, as a scenic river, on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the segment have been acquired in fee title or as scenic easements to establish a manageable addition to the National Wild and Scenic Rivers System.
``(250) Lost man creek.--The following segments, to be administered by the Secretary of the Interior:
``(A) The 6.4-mile segment of Lost Man Creek from its source in sec. 5, T. 10 N., R. 2 E., to 0.25 miles upstream of the Prairie Creek confluence, as a recreational river.
``(B) The 2.3-mile segment of Larry Damm Creek from its source in sec. 8, T. 11 N., R. 2 E., to the confluence with Lost Man Creek, as a recreational river.
``(251) Little lost man creek.--The 3.6-mile segment of Little Lost Man Creek from its source in sec. 6, T. 10 N., R. 2 E., to 0.25 miles upstream of the Lost Man Creek road crossing, to be administered by the Secretary of the Interior as a wild river.
``(252) South fork elk river.--The following segments, to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California:
``(A) The 3.6-mile segment of the Little South Fork Elk River from the source in sec. 21, T. 3 N., R. 1 E., to the confluence with the South Fork Elk River, as a wild river.
``(B) The 2.2-mile segment of the unnamed tributary of the Little South Fork Elk River from its source in sec. 15, T. 3 N., R. 1 E., to the confluence with the Little South Fork Elk River, as a wild river.
``(C) The 3.6-mile segment of the South Fork Elk River from the confluence of the Little South Fork Elk River to the confluence with Tom Gulch, as a recreational river.
``(253) Salmon creek.--The 4.6-mile segment from its source in sec. 27, T. 3 N., R. 1 E., to the Headwaters Forest Reserve boundary in sec. 18, T. 3 N., R. 1 E., to be administered by the Secretary of the Interior as a wild river through a cooperative management agreement with the State of California.
``(254) South fork eel river.--The following segments, to be administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with Jack of Hearts Creek to the southern boundary of the South Fork Eel Wilderness in sec. 8, T. 22 N., R. 16 W., as a recreational river to be administered by the Secretary through a cooperative management agreement with the State of California.
``(B) The 6.1-mile segment from the southern boundary of the South Fork Eel Wilderness to the northern boundary of the South Fork Eel Wilderness in sec. 29, T. 23 N., R. 16 W., as a wild river.
``(255) Elder creek.--The following segments, to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California:
``(A) The 3.6-mile segment from its source north of Signal Peak in sec. 6, T. 21 N., R. 15 W., to the confluence with the unnamed tributary near the center of sec. 28, T. 22 N., R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the confluence with the unnamed tributary near the center of sec. 28, T. 22 N., R. 15 W., to the confluence with the South Fork Eel River, as a recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon from its source south of Signal Peak in sec. 7, T. 21 N., R. 15 W., to the confluence with Elder Creek, as a wild river.
``(256) Cedar creek.--The following segments, to be administered as a wild river by the Secretary of the Interior:
``(A) The 7.7-mile segment from its source in sec. 22, T. 24 N., R. 16 W., to the southern boundary of the Red Mountain unit of the South Fork Eel Wilderness.
``(B) The 1.9-mile segment of North Fork Cedar Creek from its source in sec. 28, T. 24 N., R. 16 E., to the confluence with Cedar Creek.
``(257) East branch south fork eel river.--The following segments, to be administered by the Secretary of the Interior as a scenic river on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title or as scenic easements to establish a manageable addition to the National Wild and Scenic Rivers System:
``(A) The 2.3-mile segment of Cruso Cabin Creek from the confluence of 2 unnamed tributaries in sec. 18, T. 24 N., R. 15 W., to the confluence with Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek from the confluence of 2 unnamed tributaries in sec. 22, T. 24 N., R. 16 W., to the confluence with Cruso Cabin Creek.
``(C) The 14.2-mile segment of the East Branch South Fork Eel River from the confluence of Cruso Cabin and Elkhorn Creeks to the confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed tributary from its source on the north flank of Red Mountain's north ridge in sec. 2, T. 24 N., R. 17 W., to the confluence with the East Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed tributary from its source on the north flank of Red Mountain's north ridge in sec. 1, T. 24 N., R. 17 W., to the confluence with the East Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek from the confluence with the unnamed tributary in sec. 12, T. 5 S., R. 4 E., to the confluence with the East Branch South Fork Eel River.
``(258) Mattole river estuary.--The 1.5-mile segment from the confluence of Stansberry Creek to the Pacific Ocean, to be administered as a recreational river by the Secretary of the Interior.
``(259) Honeydew creek.--The following segments, to be administered as a wild river by the Secretary of the Interior:
``(A) The 5.1-mile segment of Honeydew Creek from its source in the southwest corner of sec. 25, T. 3 S., R. 1 W., to the eastern boundary of the King Range National Conservation Area in sec. 18, T. 3 S., R. 1 E.
``(B) The 2.8-mile segment of West Fork Honeydew Creek from its source west of North Slide Peak to the confluence with Honeydew Creek.
``(C) The 2.7-mile segment of Upper East Fork Honeydew Creek from its source in sec. 23, T. 3 S., R. 1 W., to the confluence with Honeydew Creek.
``(260) Bear creek.--The following segments, to be administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear Creek from the confluence with the unnamed tributary immediately downstream of the Horse Mountain Road crossing to the confluence with the South Fork, as a scenic river.
``(B) The 6.1-mile segment of South Fork Bear Creek from the confluence in sec. 2, T. 5 S., R. 1 W., with the unnamed tributary flowing from the southwest flank of Queen Peak to the confluence with the North Fork, as a scenic river.
``(C) The 3-mile segment of Bear Creek from the confluence of the North and South Forks to the southern boundary of sec. 11, T. 4 S., R. 1 E., as a wild river.
``(261) Gitchell creek.--The 3-mile segment of Gitchell Creek from its source near Saddle Mountain to the Pacific Ocean, to be administered by the Secretary of the Interior as a wild river.
``(262) Big flat creek.--The following segments, to be administered by the Secretary of the Interior as a wild river:
``(A) The 4-mile segment of Big Flat Creek from its source near King Peak in sec. 36, T. 3 S., R. 1 W., to the Pacific Ocean.
``(B) The 0.8-mile segment of the unnamed tributary from its source in sec. 35, T. 3 S., R. 1 W., to the confluence with Big Flat Creek.
``(C) The 2.7-mile segment of North Fork Big Flat Creek from the source in sec. 34, T. 3 S., R. 1 W., to the confluence with Big Flat Creek.
``(263) Big creek.--The following segments, to be administered by the Secretary of the Interior as a wild river:
``(A) The 2.7-mile segment of Big Creek from its source in sec. 26, T. 3 S., R. 1 W., to the Pacific Ocean.
``(B) The 1.9-mile unnamed southern tributary from its source in sec. 25, T. 3 S., R. 1 W., to the confluence with Big Creek.
``(264) Elk creek.--The 11.4-mile segment from its confluence with Lookout Creek to its confluence with Deep Hole Creek, to be jointly administered by the Secretaries of Agriculture and the Interior as a wild river.
``(265) Eden creek.--The 2.7-mile segment from the private property boundary in the northwest quarter of sec. 27, T. 21 N., R. 12 W., to the eastern boundary of sec. 23, T. 21 N., R. 12 W., to be administered by the Secretary of the Interior as a wild river.
``(266) Deep hole creek.--The 4.3-mile segment from the private property boundary in the southwest quarter of sec. 13, T. 20 N., R. 12 W., to the confluence with Elk Creek, to be administered by the Secretary of the Interior as a wild river.
``(267) Indian creek.--The 3.3-mile segment from 300 feet downstream of the jeep trail in sec. 13, T. 20 N., R. 13 W., to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river.
``(268) Fish creek.--The 4.2-mile segment from the source at Buckhorn Spring to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river.''.
SEC. 5135. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there is established the Sanhedrin Special Conservation Management Area (referred to in this section as the ``conservation management area''), comprising approximately 12,254 acres of Federal land administered by the Forest Service in Mendocino County, California, as generally depicted on the map entitled
``Sanhedrin Conservation Management Area'' and dated May 15, 2020.
(b) Purposes.--The purposes of the conservation management area are--
(1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, roadless, cultural, historical, natural, educational, and scientific resources of the conservation management area;
(2) to protect and restore late-successional forest structure, oak woodlands and grasslands, aquatic habitat, and anadromous fisheries within the conservation management area;
(3) to protect and restore the wilderness character of the conservation management area; and
(4) to allow visitors to enjoy the scenic, natural, cultural, and wildlife values of the conservation management area.
(c) Management.--
(1) In general.--The Secretary shall manage the conservation management area--
(A) in a manner consistent with the purposes described in subsection (b); and
(B) in accordance with--
(i) the laws (including regulations) generally applicable to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the conservation management area that the Secretary determines would further the purposes described in subsection (b).
(d) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (3), the use of motorized vehicles in the conservation management area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act.
(2) New or temporary roads.--Except as provided in paragraph (3), no new or temporary roads shall be constructed within the conservation management area.
(3) Exceptions.--Nothing in paragraph (1) or (2) prevents the Secretary from--
(A) rerouting or closing an existing road or trail to protect natural resources from degradation, or to protect public safety, as determined to be appropriate by the Secretary;
(B) designating routes of travel on land acquired by the Secretary and incorporated into the conservation management area if the designations are--
(i) consistent with the purposes described in subsection
(b); and
(ii) completed, to the maximum extent practicable, not later than 3 years after the date of acquisition;
(C) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project carried out in accordance with paragraph (4);
(D) authorizing the use of motorized vehicles for administrative purposes; or
(E) responding to an emergency.
(4) Decommissioning of temporary roads.--
(A) Definition of decommission.--In this paragraph, the term ``decommission'' means, with respect to a road--
(i) to reestablish vegetation on the road; and
(ii) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism.
(B) Requirement.--Not later than 3 years after the date on which the applicable vegetation management project is completed, the Secretary shall decommission any temporary road constructed under paragraph (3)(C).
(e) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no harvesting of timber shall be allowed within the conservation management area.
(2) Exceptions.--The Secretary may authorize harvesting of timber in the conservation management area--
(A) if the Secretary determines that the harvesting is necessary to further the purposes of the conservation management area;
(B) in a manner consistent with the purposes described in subsection (b); and
(C) subject to--
(i) such reasonable regulations, policies, and practices as the Secretary determines to be appropriate; and
(ii) all applicable laws (including regulations).
(f) Grazing.--The grazing of livestock in the conservation management area, where established before the date of enactment of this Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and practices as the Secretary considers necessary; and
(B) applicable law (including regulations); and
(2) in a manner consistent with the purposes described in subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent with this section, the Secretary may carry out any activities within the conservation management area that the Secretary determines to be necessary to control fire, insects, or diseases, including the coordination of those activities with a State or local agency.
(h) Acquisition and Incorporation of Land and Interests in Land.--
(1) Acquisition authority.--In accordance with applicable laws (including regulations), the Secretary may acquire any land or interest in land within or adjacent to the boundaries of the conservation management area by purchase from a willing seller, donation, or exchange.
(2) Incorporation.--Any land or interest in land acquired by the Secretary under paragraph (1) shall be--
(A) incorporated into, and administered as part of, the conservation management area; and
(B) withdrawn in accordance with subsection (i).
(i) Withdrawal.--Subject to valid existing rights, all Federal land located in the conservation management area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patenting under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Subtitle D--Miscellaneous
SEC. 5141. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of--
(1) the South Fork Trinity-Mad River Restoration Area established by section 5111(b);
(2) the Horse Mountain Special Management Area established by section 5121(a);
(3) the wilderness areas and wilderness additions designated by section 5131(a);
(4) the potential wilderness areas designated by section 5133(a); and
(5) the Sanhedrin Special Conservation Management Area established by section 5135(a).
(b) Submission of Maps and Legal Descriptions.--The Secretary shall file the maps and legal descriptions prepared under subsection (a) with--
(1) the Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Natural Resources of the House of Representatives.
(c) Force of Law.--The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions.
(d) Public Availability.--The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, or the National Park Service, as applicable.
SEC. 5142. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable after the date of enactment of this Act, in accordance with applicable law (including regulations), the Secretary shall incorporate the designations and studies required by this title into updated management plans for units covered by this title.
SEC. 5143. PACIFIC GAS AND ELECTRIC COMPANY UTILITY
FACILITIES AND RIGHTS-OF-WAY.
(a) Effect of Title.--Nothing in this title--
(1) affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any predecessor or successor in interest or assign) that is located on land included in--
(A) the South Fork Trinity-Mad River Restoration Area established by section 5111(b);
(B) the Horse Mountain Special Management Area established by section 5121(a);
(C) the Bigfoot National Recreation Trail established under section 5122(b)(1);
(D) the Sanhedrin Special Conservation Management Area established by section 5135(a); or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and Electric Company, including those utility facilities in existence on the date of enactment of this Act within--
(i) the South Fork Trinity-Mad River Restoration Area known as--
(I) ``Gas Transmission Line 177A or rights-of-way'';
(II) ``Gas Transmission Line DFM 1312-02 or rights-of-way'';
(III) ``Electric Transmission Line Bridgeville-Cottonwood 115 kV or rights-of-way'';
(IV) ``Electric Transmission Line Humboldt-Trinity 60 kV or rights-of-way'';
(V) ``Electric Transmission Line Humboldt-Trinity 115 kV or rights-of-way'';
(VI) ``Electric Transmission Line Maple Creek-Hoopa 60 kV or rights-of-way'';
(VII) ``Electric Distribution Line-Willow Creek 1101 12 kV or rights-of-way'';
(VIII) ``Electric Distribution Line-Willow Creek 1103 12 kV or rights-of-way'';
(IX) ``Electric Distribution Line-Low Gap 1101 12 kV or rights-of-way'';
(X) ``Electric Distribution Line-Fort Seward 1121 12 kV or rights-of-way'';
(XI) ``Forest Glen Border District Regulator Station or rights-of-way'';
(XII) ``Durret District Gas Regulator Station or rights-of-way'';
(XIII) ``Gas Distribution Line 4269C or rights-of-way'';
(XIV) ``Gas Distribution Line 43991 or rights-of-way'';
(XV) ``Gas Distribution Line 4993D or rights-of-way'';
(XVI) ``Sportsmans Club District Gas Regulator Station or rights-of-way'';
(XVII) ``Highway 36 and Zenia District Gas Regulator Station or rights-of-way'';
(XVIII) ``Dinsmore Lodge 2nd Stage Gas Regulator Station or rights-of-way'';
(XIX) ``Electric Distribution Line-Wildwood 1101 12kV or rights-of-way'';
(XX) ``Low Gap Substation'';
(XXI) ``Hyampom Switching Station''; or
(XXII) ``Wildwood Substation'';
(ii) the Bigfoot National Recreation Trail known as--
(I) ``Gas Transmission Line 177A or rights-of-way'';
(II) ``Electric Transmission Line Humboldt-Trinity 115 kV or rights-of-way'';
(III) ``Electric Transmission Line Bridgeville-Cottonwood 115 kV or rights-of-way''; or
(IV) ``Electric Transmission Line Humboldt-Trinity 60 kV or rights-of-way'';
(iii) the Sanhedrin Special Conservation Management Area known as ``Electric Distribution Line-Willits 1103 12 kV or rights-of-way''; or
(iv) the Horse Mountain Special Management Area known as
``Electric Distribution Line Willow Creek 1101 12 kV or rights-of-way''; or
(B) utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in subparagraph (A).
(b) Plans for Access.--Not later than the later of the date that is 1 year after the date of enactment of this Act or the date of issuance of a new utility facility right-of-way within the South Fork Trinity-Mad River Restoration Area, Bigfoot National Recreation Trail, Sanhedrin Special Conservation Management Area, or Horse Mountain Special Management Area, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the rights-of-way of the Pacific Gas and Electric Company.
TITLE LII--CENTRAL COAST HERITAGE PROTECTION
SEC. 5201. DEFINITIONS.
In this title:
(1) Scenic area.--The term ``scenic area'' means a scenic area designated by section 5207(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the Bureau of Land Management, the Secretary of the Interior; and
(B) with respect to land managed by the Forest Service, the Secretary of Agriculture.
(3) State.--The term ``State'' means the State of California.
(4) Wilderness area.--The term ``wilderness area'' means a wilderness area or wilderness addition designated by section 5202(a).
SEC. 5202. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:
(1) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 35,116 acres, as generally depicted on the map entitled ``Proposed Caliente Mountain Wilderness'' and dated November 13, 2019, which shall be known as the ``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 13,332 acres, as generally depicted on the map entitled ``Proposed Soda Lake Wilderness'' and dated June 25, 2019, which shall be known as the ``Soda Lake Wilderness''.
(3) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 12,585 acres, as generally depicted on the map entitled ``Proposed Temblor Range Wilderness'' and dated June 25, 2019, which shall be known as the ``Temblor Range Wilderness''.
(4) Certain land in the Los Padres National Forest comprising approximately 23,670 acres, as generally depicted on the map entitled ``Chumash Wilderness Area Additions--Proposed'' and dated March 29, 2019, which shall be incorporated into and managed as part of the Chumash Wilderness as designated by section 2(5) of the Los Padres Condor Range and River Protection Act (16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 243).
(5) Certain land in the Los Padres National Forest comprising approximately 54,036 acres, as generally depicted on the maps entitled ``Dick Smith Wilderness Area Additions--Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and
``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2
(Buckhorn and Mono Units)'' and dated November 14, 2019, which shall be incorporated into and managed as part of the Dick Smith Wilderness as designated by section 101(a)(6) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1620).
(6) Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 7,289 acres, as generally depicted on the map entitled ``Garcia Wilderness Area Additions--Proposed'' and dated March 29, 2019, which shall be incorporated into and managed as part of the Garcia Wilderness as designated by section 2(4) of the Los Padres Condor Range and River Protection Act (16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 243).
(7) Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 8,774 acres, as generally depicted on the map entitled ``Machesna Mountain Wilderness--Proposed Additions'' and dated October 30, 2019, which shall be incorporated into and managed as part of the Machesna Mountain Wilderness as designated by section 101(a)(38) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1624).
(8) Certain land in the Los Padres National Forest comprising approximately 30,184 acres, as generally depicted on the map entitled ``Matilija Wilderness Area Additions--Proposed'' and dated March 29, 2019, which shall be incorporated into and managed as part of the Matilija Wilderness as designated by section 2(2) of the Los Padres Condor Range and River Protection Act (16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest comprising approximately 23,969 acres, as generally depicted on the map entitled ``San Rafael Wilderness Area Additions--Proposed'' and dated February 2, 2021, which shall be incorporated into and managed as part of the San Rafael Wilderness as designated by Public Law 90-271 (16 U.S.C. 1132 note; 82 Stat. 51).
(10) Certain land in the Los Padres National Forest comprising approximately 2,921 acres, as generally depicted on the map entitled ``Santa Lucia Wilderness Area Additions--Proposed'' and dated March 29, 2019, which shall be incorporated into and managed as part of the Santa Lucia Wilderness as designated by section 2(c) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95-237; 92 Stat. 41).
(11) Certain land in the Los Padres National Forest comprising approximately 14,313 acres, as generally depicted on the map entitled ``Sespe Wilderness Area Additions--Proposed'' and dated March 29, 2019, which shall be incorporated into and managed as part of the Sespe Wilderness as designated by section 2(1) of the Los Padres Condor Range and River Protection Act (16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 242).
(12) Certain land in the Los Padres National Forest comprising approximately 17,870 acres, as generally depicted on the map entitled ``Diablo Caliente Wilderness Area--Proposed'' and dated March 29, 2019, which shall be known as the ``Diablo Caliente Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) Force of law.--The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.
SEC. 5203. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL
WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 2,359 acres, as generally depicted on the map entitled ``Machesna Mountain Potential Wilderness'' and dated March 29, 2019, is designated as the Machesna Mountain Potential Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Machesna Mountain Potential Wilderness Area (referred to in this section as the
``potential wilderness area'') with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) Force of law.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the map and legal description.
(3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(d) Trail Use, Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the Secretary may reconstruct, realign, or reroute the Pine Mountain Trail.
(2) Requirement.--In carrying out the reconstruction, realignment, or rerouting under paragraph (1), the Secretary shall--
(A) comply with all existing laws (including regulations); and
(B) to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the reconstruction, realignment, or rerouting with the least amount of adverse impact on wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail reconstruction, realignment, or rerouting authorized by this subsection.
(4) Motorized and mechanized vehicles.--The Secretary may permit the use of motorized and mechanized vehicles on the existing Pine Mountain Trail in accordance with existing law
(including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail reconstruction, realignment, or rerouting authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 150 feet of the centerline of the new location of any trail that has been reconstructed, realigned, or rerouted under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes in the Federal Register notice that the trail reconstruction, realignment, or rerouting authorized by subsection (d) has been completed; and
(B) the date that is 20 years after the date of enactment of this Act.
(2) Administration of wilderness.--On designation as wilderness under this section, the potential wilderness area shall be--
(A) incorporated into the Machesna Mountain Wilderness Area, as designated by section 101(a)(38) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1624) and expanded by section 5202; and
(B) administered in accordance with section 5204 and the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 5204. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with this title and the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures in a wilderness area as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this title limits funding for fire and fuels management in the wilderness areas.
(3) Revision and development of local fire management plans.--As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local information in the Fire Management Reference System or individual operational plan that applies to the land designated as a wilderness area.
(4) Administration.--Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas, the Secretary shall enter into agreements with appropriate State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, shall be permitted to continue, subject to any reasonable regulations as the Secretary considers necessary in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));
(2) the guidelines set forth in Appendix A of House Report 101-405, accompanying H.R. 2570 of the 101st Congress for land under the jurisdiction of the Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617, accompanying H.R. 5487 of the 96th Congress for land under the jurisdiction of the Secretary of Agriculture; and
(4) all other laws governing livestock grazing on Federal public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State.
(2) Management activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas, if the management activities are--
(A) consistent with relevant wilderness management plans;
(B) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101-405; and
(C) in accordance with memoranda of understanding between the Federal agencies and the State Department of Fish and Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the designation of wilderness areas by this title to lead to the creation of protective perimeters or buffer zones around each wilderness area.
(2) Activities or uses up to boundaries.--The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over the wilderness areas;
(2) the designation of new units of special airspace over the wilderness areas; or
(3) the use or establishment of military flight training routes over wilderness areas.
(g) Horses.--Nothing in this title precludes horseback riding in, or the entry of recreational saddle or pack stock into, a wilderness area--
(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) any other applicable law.
(j) Treatment of Existing Water Diversions in the San Rafael Wilderness Additions.--
(1) Authorization for continued use.--The Secretary of Agriculture may issue a special use authorization to the owners of the 2 existing water transport or diversion facilities, including administrative access roads (each referred to in this subsection as a ``facility''), located on National Forest System land in the San Rafael Wilderness Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs. 13 and 14) and the Peak Mountain unit (T. 10 N., R. 28 W., secs. 23 and 26) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that--
(A) the facility was in existence on the date on which the land on which the facility is located was designated as part of the National Wilderness Preservation System (referred to in this subsection as ``the date of designation'');
(B) the facility has been in substantially continuous use to deliver water for the beneficial use on the non-Federal land of the owner since the date of designation;
(C) the owner of the facility holds a valid water right for use of the water on the non-Federal land of the owner under State law, with a priority date that predates the date of designation; and
(D) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a special use authorization issued under paragraph (1), the Secretary may--
(i) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that--
(I) the use is the minimum necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under State law; and
(II) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and
(ii) preclude use of the facility for the diversion or transport of water in excess of the water right recognized by the State on the date of designation.
(B) Discretionary terms and conditions.--In a special use authorization issued under paragraph (1), the Secretary may require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act (16 U.S.C. 1131) if the beneficial use of water on the non-Federal land is not diminished.
(k) Treatment of Existing Electrical Distribution Line in the San Rafael Wilderness Additions.--
(1) Authorization for continued use.--The Secretary of Agriculture may issue a special use authorization to the owners of the existing electrical distribution line to the Plowshare Peak communication site (referred to in this subsection as a ``facility'') located on National Forest System land in the San Rafael Wilderness Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs. 2, 3 and 4) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that--
(A) the facility was in existence on the date on which the land on which the facility is located was designated as part of the National Wilderness Preservation System (referred to in this subsection as ``the date of designation'');
(B) the facility has been in substantially continuous use to deliver electricity to the communication site; and
(C) it is not practicable or feasible to relocate the distribution line to land outside of the wilderness.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a special use authorization issued under paragraph (1), the Secretary may allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of the electrical distribution line, if the Secretary determines that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible.
(B) Discretionary terms and conditions.--In a special use authorization issued under paragraph (1), the Secretary may require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act (16 U.S.C. 1131).
(l) Climatological Data Collection.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
SEC. 5205. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek, California.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as amended by section 5134) is amended by adding at the end the following:
``(269) Indian creek, california.--The following segments of Indian Creek in the State of California, to be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek from its source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness boundary, as a wild river.
``(B) The 1-mile segment of Indian Creek from the Dick Smith Wilderness boundary to 0.25 miles downstream of Road 6N24, as a scenic river.
``(C) The 3.9-mile segment of Indian Creek from 0.25 miles downstream of Road 6N24 to the southern boundary of sec. 32, T. 6 N., R. 26 W., as a wild river.
``(270) Mono creek, california.--The following segments of Mono Creek in the State of California, to be administered by the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from its source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild river.
``(B) The 2.1-mile segment of Mono Creek from 0.25 miles upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., to 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a recreational river.
``(C) The 14.7-mile segment of Mono Creek from 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., to the Ogilvy Ranch private property boundary in sec. 22, T. 6 N., R. 26 W., as a wild river.
``(D) The 3.5-mile segment of Mono Creek from the Ogilvy Ranch private property boundary to the southern boundary of sec. 33, T. 6 N., R. 26 W., as a recreational river.
``(271) Matilija creek, california.--The following segments of Matilija Creek in the State of California, to be administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija Creek from its source in sec. 25, T. 6 N., R. 25 W., to the private property boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
``(B) The 7.25-mile segment of the Upper North Fork Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W., to the Matilija Wilderness boundary, as a wild river.''.
(b) Sespe Creek, California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (142) and inserting the following:
``(142) Sespe creek, california.--The following segments of Sespe Creek in the State of California, to be administered by the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek from the private property boundary in sec. 10, T. 6 N., R. 24 W., to the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as a recreational river.
``(C) The 6.1-mile segment of Sespe Creek from the western boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with Trout Creek, as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek from the confluence with Trout Creek to the southern boundary of sec. 35, T. 5 N., R. 20 W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (143) and inserting the following:
``(143) Sisquoc river, california.--The following segments of the Sisquoc River and its tributaries in the State of California, to be administered by the Secretary of Agriculture:
``(A) The 33-mile segment of the main stem of the Sisquoc River extending from its origin downstream to the Los Padres Forest boundary, as a wild river.
``(B) The 4.2-mile segment of the South Fork Sisquoc River from its source northeast of San Rafael Mountain in sec. 2, T. 7 N., R. 28 W., to its confluence with the Sisquoc River, as a wild river.
``(C) The 10.4-mile segment of Manzana Creek from its source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W., to the San Rafael Wilderness boundary upstream of Nira Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek from the San Rafael Wilderness boundary upstream of the Nira Campground to the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek, as a recreational river.
``(E) The 5.8-mile segment of Manzana Creek from the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek to the private property boundary in sec. 1, T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek from the private property boundary in sec. 1, T. 8 N., R. 30 W., to the confluence of the Sisquoc River, as a recreational river.
``(G) The 3.4-mile segment of Davy Brown Creek from its source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Munch Canyon, as a wild river.
``(H) The 1.4-mile segment of Davy Brown Creek from 300 feet upstream of its confluence with Munch Canyon to its confluence with Manzana Creek, as a recreational river.
``(I) The 2-mile segment of Munch Canyon from its source north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Sunset Valley Creek, as a wild river.
``(J) The 0.5-mile segment of Munch Canyon from 300 feet upstream of its confluence with Sunset Valley Creek to its confluence with Davy Brown Creek, as a recreational river.
``(K) The 2.6-mile segment of Fish Creek from 500 feet downstream of Sunset Valley Road to its confluence with Manzana Creek, as a wild river.
``(L) The 1.5-mile segment of East Fork Fish Creek from its source in sec. 26, T. 8 N., R. 29 W., to its confluence with Fish Creek, as a wild river.''.
(d) Piru Creek, California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (199) and inserting the following:
``(199) Piru creek, california.--The following segments of Piru Creek in the State of California, to be administered by the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from its source in sec. 3, T. 6 N., R. 22 W., to the private property boundary in sec. 4, T. 6 N., R. 21 W., as a wild river.
``(B) The 17.2-mile segment of Piru Creek from the private property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles downstream of the Gold Hill Road, as a scenic river.
``(C) The 4.1-mile segment of Piru Creek from 0.25 miles downstream of Gold Hill Road to the confluence with Trail Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek from the confluence with Trail Canyon to the confluence with Buck Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river.
``(F) The 13-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the boundary of the Sespe Wilderness, as a wild river.
``(G) The 2.2-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the upper limit of Piru Reservoir, as a recreational river.''.
(e) Effect.--The designation of additional miles of Piru Creek under subsection (d) shall not affect valid water rights in existence on the date of enactment of this Act.
(f) Motorized Use of Trails.--Nothing in this section
(including the amendments made by this section) affects the motorized use of trails designated by the Forest Service for motorized use that are located adjacent to and crossing upper Piru Creek, if the use is consistent with the protection and enhancement of river values under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 5206. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL
WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 41,082 acres, as generally depicted on the map entitled ``Fox Mountain Potential Wilderness Area'' and dated November 14, 2019, is designated as the Fox Mountain Potential Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of the Fox Mountain Potential Wilderness Area (referred to in this section as the
``potential wilderness area'') with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) Force of law.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary of Agriculture may correct any clerical and typographical errors in the map and legal description.
(3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(d) Trail Use Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the Secretary of Agriculture may--
(A) construct a new trail for use by hikers, equestrians, and mechanized vehicles that connects the Aliso Park Campground to the Bull Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction, reconstruction, or alignment under paragraph (1), the Secretary shall--
(A) comply with all existing laws (including regulations); and
(B) to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the construction, reconstruction, or alignment with the least amount of adverse impact on wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail construction, reconstruction, or realignment authorized by this subsection.
(4) Mechanized vehicles.--The Secretary may permit the use of mechanized vehicles on the existing Bull Ridge Trail and Rocky Ridge Trail in accordance with existing law (including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail construction, reconstruction, and realignment authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 50 feet of the centerline of the new location of any trail that has been constructed, reconstructed, or realigned under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes in the Federal Register notice that the trail construction, reconstruction, or alignment authorized by subsection (d) has been completed; and
(B) the date that is 20 years after the date of enactment of this Act.
(2) Administration of wilderness.--On designation as wilderness under this section, the potential wilderness area shall be--
(A) incorporated into the San Rafael Wilderness, as designated by Public Law 90-271 (16 U.S.C. 1132 note; 82 Stat. 51) and expanded by section 5202; and
(B) administered in accordance with section 5204 and the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 5207. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los Padres National Forest comprising approximately 18,666 acres, as generally depicted on the map entitled ``Condor Ridge Scenic Area--Proposed'' and dated March 29, 2019, which shall be known as the ``Condor Ridge Scenic Area''.
(2) Black mountain scenic area.--Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 16,216 acres, as generally depicted on the map entitled ``Black Mountain Scenic Area--Proposed'' and dated March 29, 2019, which shall be known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and legal description of the Condor Ridge Scenic Area and Black Mountain Scenic Area with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) Force of law.--The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary of Agriculture may correct any clerical and typographical errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.
(c) Purpose.--The purpose of the scenic areas is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the scenic areas--
(A) in a manner that conserves, protects, and enhances the resources of the scenic areas, and in particular the scenic character attributes of the scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) for land under the jurisdiction of the Secretary of the Interior;
(iii) any laws (including regulations) relating to the National Forest System, for land under the jurisdiction of the Secretary of Agriculture; and
(iv) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow those uses of the scenic areas that the Secretary determines would further the purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the Federal land in the scenic areas is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on the Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements for the administration of the scenic areas and to protect public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent with this section, the Secretary may take any measures in the scenic areas that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise authorized activity or use can be seen or heard within a scenic area shall not preclude the activity or use outside the boundary of the scenic area.
SEC. 5208. CONDOR NATIONAL SCENIC TRAIL.
(a) Finding.--Congress finds that the Condor National Scenic Trail established under paragraph (31) of section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is named after the California Condor, a critically endangered bird species that lives along the corridor of the Condor National Scenic Trail.
(b) Purposes.--The purposes of the Condor National Scenic Trail are--
(1) to provide a continual extended hiking corridor that connects the southern and northern portions of the Los Padres National Forest, spanning the entire length of the forest along the coastal mountains of southern and central California; and
(2) to provide for the public enjoyment of the nationally significant scenic, historic, natural, and cultural resources of the Los Padres National Forest.
(c) Amendment.--Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:
``(31) Condor national scenic trail.--
``(A) In general.--The Condor National Scenic Trail, a trail extending approximately 400 miles from Lake Piru in the southern portion of the Los Padres National Forest to the Bottchers Gap Campground in the northern portion of the Los Padres National Forest.
``(B) Administration.--The Condor National Scenic Trail shall be administered by the Secretary of Agriculture, in consultation with--
``(i) other Federal, State, Tribal, regional, and local agencies;
``(ii) private landowners; and
``(iii) other interested organizations.
``(C) Recreational uses.--Notwithstanding section 7(c), the use of motorized vehicles on roads or trails included in the Condor National Scenic Trail on which motorized vehicles are permitted as of the date of enactment of this paragraph may be permitted.
``(D) Private property rights.--
``(i) Prohibition.--The Secretary shall not acquire for the Condor National Scenic Trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of land or interest in land.
``(ii) Effect.--Nothing in this paragraph--
``(I) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or
``(II) modifies any provision of Federal, State, or local law with respect to public access to or use of private land.
``(E) Realignment.--The Secretary of Agriculture may realign segments of the Condor National Scenic Trail as necessary to fulfill the purposes of the Condor National Scenic Trail.''.
(d) Study.--
(1) Study required.--Not later than 3 years after the date of enactment of this Act, in accordance with this subsection, the Secretary of Agriculture shall conduct a study that--
(A) addresses the feasibility of, and alternatives for, connecting the northern and southern portions of the Los Padres National Forest by establishing a trail across the applicable portions of the northern and southern Santa Lucia Mountains of the southern California Coastal Range; and
(B) considers realignment of the Condor National Scenic Trail or construction of new segments for the Condor National Scenic Trail to avoid existing segments of the Condor National Scenic Trail that allow motorized vehicles.
(2) Contents.--In carrying out the study required under paragraph (1), the Secretary of Agriculture shall--
(A) comply with the requirements for studies for a national scenic trail described in section 5(b) of the National Trails System Act (16 U.S.C. 1244(b));
(B) provide for a continual hiking route through and connecting the southern and northern sections of the Los Padres National Forest;
(C) promote recreational, scenic, wilderness, and cultural values;
(D) enhance connectivity with the overall system of National Forest System trails;
(E) consider new connectors and realignment of existing trails;
(F) emphasize safe and continuous public access, dispersal from high-use areas, and suitable water sources; and
(G) to the extent practicable, provide all-year use.
(3) Additional requirement.--In completing the study required under paragraph (1), the Secretary of Agriculture shall consult with--
(A) appropriate Federal, State, Tribal, regional, and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(4) Submission.--The Secretary of Agriculture shall submit the study required under paragraph (1) to--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(5) Additions and alterations to the condor national scenic trail.--
(A) In general.--On completion of the study required under paragraph (1), if the Secretary of Agriculture determines that additional or alternative trail segments are feasible for inclusion in the Condor National Scenic Trail, the Secretary of Agriculture shall include the segments in the Condor National Scenic Trail.
(B) Effective date.--An addition or alteration to the Condor National Scenic Trail determined to be feasible under subparagraph (A) shall take effect on the date on which the Secretary of Agriculture publishes in the Federal Register notice that the additional or alternative segments are included in the Condor National Scenic Trail.
(e) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the Secretary of Agriculture may enter into cooperative agreements with State, Tribal, and local government entities and private entities to complete necessary construction, reconstruction, and realignment projects authorized for the Condor National Scenic Trail under this section (including the amendments made by this section).
SEC. 5209. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this Act, the Secretary of Agriculture (acting through the Chief of the Forest Service) shall study the feasibility of opening a new trail, for vehicles measuring 50 inches or less, connecting Forest Service Highway 95 to the existing off-highway vehicle trail system in the Ballinger Canyon off-highway vehicle area.
SEC. 5210. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger districts.
SEC. 5211. USE BY MEMBERS OF INDIAN TRIBES.
(a) Access.--The Secretary shall ensure that Indian Tribes have access, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the wilderness areas, scenic areas, and potential wilderness areas designated by this title for traditional cultural and religious purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public 1 or more specific portions of a wilderness area, scenic area, or potential wilderness area designated by this title to protect the privacy of the members of the Indian Tribe in the conduct of traditional cultural and religious activities.
(2) Requirement.--Any closure under paragraph (1) shall be--
(A) made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out; and
(B) be consistent with--
(i) Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
(ii) the Wilderness Act (16 U.S.C. 1131 et seq.).
TITLE LIII--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
SEC. 5301. DEFINITION OF STATE.
In this title, the term ``State'' means the State of California.
Subtitle A--San Gabriel National Recreation Area
SEC. 5311. PURPOSES.
The purposes of this subtitle are--
(1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Recreation Area;
(2) to provide environmentally responsible, well-managed recreational opportunities within the Recreation Area;
(3) to improve access to and from the Recreation Area;
(4) to provide expanded educational and interpretive services to increase public understanding of, and appreciation for, the natural and cultural resources of the Recreation Area;
(5) to facilitate the cooperative management of the land and resources within the Recreation Area, in collaboration with--
(A) the State;
(B) political subdivisions of the State;
(C) historical, business, cultural, civic, recreational, tourism, and other nongovernmental organizations; and
(D) the public; and
(6) to allow the continued use of the Recreation Area by all individuals, entities, and local government agencies in activities relating to integrated water management, flood protection, water conservation, water quality, water rights, water supply, groundwater recharge and monitoring, wastewater treatment, public roads and bridges, and utilities within or adjacent to the Recreation Area.
SEC. 5312. DEFINITIONS.
In this subtitle:
(1) Adjudication.--The term ``adjudication'' means any final judgment, order, ruling, or decree entered in any judicial proceeding adjudicating or affecting--
(A) a water right;
(B) surface water management; or
(C) groundwater management.
(2) Advisory council.--The term ``Advisory Council'' means the San Gabriel National Recreation Area Public Advisory Council established under section 5317(a).
(3) Federal land.--The term ``Federal land'' means--
(A) public land under the jurisdiction of the Secretary; and
(B) land under the jurisdiction of the Secretary of Defense, acting through the Chief of Engineers.
(4) Management plan.--The term ``management plan'' means the management plan for the Recreation Area required under section 5314(d).
(5) Partnership.--The term ``Partnership'' means the San Gabriel National Recreation Area Partnership established by section 5318(a).
(6) Public water system.--The term ``public water system'' has the meaning given the term in--
(A) section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f); or
(B) section 116275 of the California Health and Safety Code.
(7) Recreation area.--The term ``Recreation Area'' means the San Gabriel National Recreation Area established by section 5313(a).
(8) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
(9) Utility facility.--The term ``utility facility'' means--
(A)(i) any electric substation, communication facility, tower, pole, line, ground wire, communication circuit, or other structure; and
(ii) any related infrastructure; and
(B) any facility associated with a public water system.
(10) Water resource facility.--The term ``water resource facility'' means--
(A) an irrigation or pumping facility;
(B) a dam or reservoir;
(C) a flood control facility;
(D) a water conservation works (including a debris protection facility);
(E) a sediment placement site;
(F) a rain gauge or stream gauge;
(G) a water quality facility;
(H) a water storage tank or reservoir;
(I) a recycled water facility or water pumping, conveyance, or distribution system;
(J) a water or wastewater treatment facility;
(K) an aqueduct, canal, ditch, pipeline, well, hydropower project, or transmission or other ancillary facility;
(L) a groundwater recharge facility;
(M) a water conservation facility;
(N) a water filtration plant; and
(O) any other water diversion, conservation, groundwater recharge, storage, or carriage structure.
SEC. 5313. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing rights, there is established as a unit of the National Park System in the State the San Gabriel National Recreation Area depicted as the ``Proposed San Gabriel National Recreation Area'' on the map entitled ``San Gabriel National Recreation Area Proposed Boundary'', numbered 503/152,737, and dated July 2019.
(b) Map and Legal Description.--
(1) 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 Recreation Area with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) Force of law.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical or typographical error in the map or legal description.
(3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(c) Administration and Jurisdiction.--
(1) Public land.--The public land included in the Recreation Area shall be administered by the Secretary, acting through the Director of the National Park Service.
(2) Department of defense land.--Notwithstanding the inclusion of Federal land under the jurisdiction of the Secretary of Defense in the Recreation Area, nothing in this subtitle--
(A) transfers administrative jurisdiction of that Federal land from the Secretary of Defense; or
(B) otherwise affects any Federal land under the jurisdiction of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this subtitle alters, modifies, or diminishes any right, responsibility, power, authority, jurisdiction, or entitlement of the State, a political subdivision of the State, including a court of competent jurisdiction, regulatory commission, board, or department, or any State or local agency under any applicable Federal, State, or local law (including regulations).
SEC. 5314. MANAGEMENT.
(a) National Park System.--Subject to valid existing rights, the Secretary shall manage the public land included in the Recreation Area in a manner that protects and enhances the natural resources and values of the public land, in accordance with--
(1) this subtitle;
(2) the laws generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and
(3) other applicable law (including regulations), adjudications, and orders.
(b) Cooperation With Secretary of Defense.--The Secretary shall cooperate with the Secretary of Defense to develop opportunities for the management of the Federal land under the jurisdiction of the Secretary of Defense included in the Recreation Area in accordance with the purposes described in section 5311, to the maximum extent practicable.
(c) Treatment of Non-Federal Land.--
(1) In general.--Nothing in this subtitle--
(A) authorizes the Secretary to take any action that would affect the use of any land not owned by the United States within the Recreation Area;
(B) affects the use of, or access to, any non-Federal land within the Recreation Area;
(C) modifies any provision of Federal, State, or local law with respect to public access to, or use of, non-Federal land;
(D) requires any owner of non-Federal land to allow public access (including Federal, State, or local government access) to private property or any other non-Federal land;
(E) alters any duly adopted land use regulation, approved land use plan, or any other regulatory authority of any State or local agency or unit of Tribal government;
(F) creates any liability, or affects any liability under any other law, of any private property owner or other owner of non-Federal land with respect to any person injured on the private property or other non-Federal land;
(G) conveys to the Partnership any land use or other regulatory authority;
(H) causes any Federal, State, or local regulation or permit requirement intended to apply to units of the National Park System to affect--
(i) the Federal land under the jurisdiction of the Secretary of Defense; or
(ii) non-Federal land within the boundaries of the Recreation Area; or
(I) requires any local government to participate in any program administered by the Secretary.
(2) Cooperation.--The Secretary is encouraged to work with owners of non-Federal land who have agreed to cooperate with the Secretary to advance the purposes of this subtitle.
(3) Buffer zones.--
(A) In general.--Nothing in this subtitle establishes any protective perimeter or buffer zone around the Recreation Area.
(B) Activities or uses up to boundaries.--The fact that an activity or use of land can be seen or heard from within the Recreation Area shall not preclude the activity or land use up to the boundary of the Recreation Area.
(4) Facilities.--Nothing in this subtitle affects the operation, maintenance, modification, construction, destruction, removal, relocation, improvement, or expansion of--
(A) any water resource facility or public water system;
(B) any solid waste, sanitary sewer, water, or wastewater treatment, groundwater recharge or conservation, hydroelectric, or conveyance distribution system;
(C) any recycled water facility; or
(D) any other utility facility located within or adjacent to the Recreation Area.
(5) Exemption.--Section 100903 of title 54, United States Code, shall not apply to--
(A) the Puente Hills landfill; or
(B) any materials recovery facility or intermodal facility associated with the Recreation Area.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date of enactment of this Act, the Secretary and the Advisory Council shall establish a comprehensive management plan for the Recreation Area that supports the purposes described in section 5311.
(2) Use of existing plans.--In developing the management plan, to the extent consistent with this section, the Secretary may incorporate any provision of a land use or other plan applicable to the public land included in the Recreation Area.
(3) Incorporation of visitor services plan.--To the maximum extent practicable, the Secretary shall incorporate into the management plan the visitor services plan under section 5319(a)(2).
(4) Partnership.--In developing the management plan, the Secretary shall--
(A) consider recommendations of the Partnership; and
(B) to the maximum extent practicable, incorporate recommendations of the Partnership into the management plan, if the Secretary determines that the recommendations are feasible and consistent with the purposes described in section 5311, this subtitle, and applicable law (including regulations).
(e) Fish and Wildlife.--Nothing in this subtitle affects the jurisdiction of the State with respect to fish or wildlife located on public land in the State.
SEC. 5315. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION
AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the Secretary may acquire non-Federal land within the boundaries of the Recreation Area only through exchange, donation, or purchase from a willing seller.
(2) Determination required.--Before acquiring any land or interest in land pursuant to this subsection, the Secretary shall make a determination that the land contains an important biological, cultural, historic, or recreational value.
(b) Prohibition on Use of Eminent Domain.--Nothing in this subtitle authorizes the use of eminent domain to acquire land or an interest in land.
(c) Treatment of Acquired Land.--Any land or interest in land acquired by the United States within the boundaries of the Recreation Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance with--
(A) this subtitle; and
(B) other applicable laws (including regulations).
SEC. 5316. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC
ROADS; UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this subtitle or section 5322--
(1) affects the use or allocation, as in existence on the date of enactment of this Act, of any water, water right, or interest in water (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, groundwater, and public trust interest);
(2) affects any public or private contract in existence on the date of enactment of this Act for the sale, lease, loan, or transfer of any water (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, and groundwater);
(3) relinquishes or reduces any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act;
(4) authorizes or imposes any new reserved Federal water right or expands water usage pursuant to any existing Federal reserved riparian or appropriative right;
(5) relinquishes or reduces any water right (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, and groundwater) held, reserved, or appropriated by any public entity or other individual or entity on or before the date of enactment of this Act;
(6) interferes or conflicts with the exercise of the powers or duties of any watermaster, public agency, public water system, court of competent jurisdiction, or other body or entity responsible for groundwater or surface water management or groundwater replenishment as designated or established pursuant to any adjudication or Federal or State law, including the management of the San Gabriel River watershed and basin, to provide water supply or other environmental benefits;
(7) impedes or adversely impacts any previously adopted Los Angeles County Drainage Area project, as described in the report of the Chief of Engineers dated June 30, 1992
(including any supplement or addendum to that report), or any maintenance agreement to operate that project;
(8) interferes or conflicts with any action by a watermaster, water agency, public water system, court of competent jurisdiction, or public agency pursuant to any Federal or State law, water right, or adjudication, including any action relating to--
(A) water conservation;
(B) water quality;
(C) surface water diversion or impoundment;
(D) groundwater recharge;
(E) water treatment;
(F) conservation or storage of water;
(G) the pollution, waste discharge, or pumping of groundwater; or
(H) the spreading, injection, pumping, storage, or use, in connection with the management or regulation of the San Gabriel River, of water from--
(i) a local source;
(ii) a storm water flow;
(iii) runoff; or
(iv) imported or recycled water;
(9) interferes with, obstructs, hinders, or delays the exercise of, or access to, any water right by the owner of a public water system or any other individual or entity, including the construction, operation, maintenance, replacement, removal, repair, location, or relocation of--
(A) a well;
(B) a pipeline;
(C) a water pumping, treatment, diversion, impoundment, or storage facility; or
(D) any other facility or property necessary or useful--
(i) to access any water right; or
(ii) to operate any public water system;
(10) requires the initiation or reinitiation of consultation with the United States Fish and Wildlife Service under, or the application of any provision of, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any action affecting any water, water right, or water management or water resource facility in the San Gabriel River watershed and basin; or
(11) authorizes any agency or employee of the United States, or any other person, to take any action inconsistent with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource facilities.--Nothing in this subtitle or section 5322 affects--
(A) the use, operation, maintenance, repair, construction, destruction, removal, reconfiguration, expansion, improvement, or replacement of a water resource facility or public water system within or adjacent to the Recreation Area or the San Gabriel Mountains National Monument; or
(B) access to a water resource facility within or adjacent to the Recreation Area or the San Gabriel Mountains National Monument.
(2) No effect on new water resource facilities.--Nothing in this subtitle or section 5322 precludes the establishment of a new water resource facility (including instream sites, routes, and areas) within the Recreation Area or the San Gabriel Mountains National Monument if the water resource facility or public water system is necessary to preserve or enhance the health, safety, reliability, quality, or accessibility of water supply, or utility services to residents of Los Angeles County.
(3) Flood control.--Nothing in this subtitle or section 5322--
(A) imposes any new restriction or requirement on flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations or maintenance; or
(B) increases the liability of an agency or public water system carrying out flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations.
(4) Diversion or use of water.--Nothing in this subtitle or section 5322 authorizes or requires the use of water or water rights in, or the diversion of water to, the Recreation Area or San Gabriel Mountains National Monument.
(c) Utility Facilities and Rights of Way.--Nothing in this subtitle or section 5322--
(1) affects the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, removal, or replacement of a utility facility or appurtenant right-of-way within or adjacent to the Recreation Area or the San Gabriel Mountains National Monument;
(2) affects access to a utility facility or right-of-way within or adjacent to the Recreation Area or the San Gabriel Mountains National Monument; or
(3) precludes the establishment of a new utility facility or right-of-way (including instream sites, routes, and areas) within the Recreation Area or the San Gabriel Mountains National Monument if such a facility or right-of-way is necessary for public health and safety, electricity supply, or other utility services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road'' means any paved road or bridge (including any appurtenant structure and right-of-way) that is--
(i) operated or maintained by a non-Federal entity; and
(ii)(I) open to vehicular use by the public; or
(II) used by a public agency or utility for the operation, maintenance, improvement, repair, removal, relocation, construction, destruction, or rehabilitation of infrastructure, a utility facility, or a right-of-way.
(B) Public transit.--The term ``public transit'' means any transit service (including operations and rights-of-way) that is--
(i) operated or maintained by a non-Federal entity; and
(ii)(I) open to the public; or
(II) used by a public agency or contractor for the operation, maintenance, repair, construction, or rehabilitation of infrastructure, a utility facility, or a right-of-way.
(2) No effect on public roads or public transit.--Nothing in this subtitle or section 5322--
(A) authorizes the Secretary to take any action that would affect the operation, maintenance, repair, or rehabilitation of public roads or public transit (including activities necessary to comply with Federal or State safety or public transit standards); or
(B) creates any new liability, or increases any existing liability, of an owner or operator of a public road.
SEC. 5317. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC
ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the ``San Gabriel National Recreation Area Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the Secretary regarding the development and implementation of--
(1) the management plan; and
(2) the visitor services plan under section 5319(a)(2).
(c) Applicable Law.--The Advisory Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) all other applicable laws (including regulations).
(d) Membership.--The Advisory Council shall consist of 22 members, to be appointed by the Secretary after taking into consideration recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national environmental organizations;
(2) 2 shall represent the interests of outdoor recreation, including off-highway vehicle recreation, within the Recreation Area;
(3) 2 shall represent the interests of community-based organizations, the missions of which include expanding access to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or adjacent to the Recreation Area;
(6) 1 shall represent the interests of homeowners' associations within the Recreation Area;
(7) 3 shall represent the interests of holders of adjudicated water rights, public water systems, water agencies, wastewater and sewer agencies, recycled water facilities, and water management and replenishment entities;
(8) 1 shall represent energy and mineral development interests;
(9) 1 shall represent owners of Federal grazing permits or other land use permits within the Recreation Area;
(10) 1 shall represent archaeological and historical interests;
(11) 1 shall represent the interests of environmental educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice interests;
(14) 1 shall represent electrical utility interests; and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory Council shall be appointed for a term of 3 years, except that, of the members first appointed--
(A) 7 shall be appointed for a term of 1 year; and
(B) 7 shall be appointed for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on the Advisory Council on the expiration of the term of service of the member.
(3) Vacancy.--A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made.
(f) Quorum.--
(1) In general.--10 members of the Advisory Council shall constitute a quorum.
(2) No effect on operations.--The operations of the Advisory Council shall not be impaired by the fact that a member has not yet been appointed if a quorum has been attained under paragraph (1).
(g) Chairperson; Procedures.--The Advisory Council shall--
(1) select a chairperson from among the members of the Advisory Council; and
(2) establish such rules and procedures as the Advisory Council considers to be necessary or desirable.
(h) Service Without Pay.--A member of the Advisory Council shall serve without pay.
(i) Termination.--The Advisory Council shall terminate on--
(1) the date that is 5 years after the date on which the management plan is adopted by the Secretary; or
(2) such later date as the Secretary considers to be appropriate.
SEC. 5318. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a partnership, to be known as the ``San Gabriel National Recreation Area Partnership''.
(b) Purposes.--The purposes of the Partnership are--
(1) to coordinate the activities of Federal, State, Tribal, and local authorities and the private sector in advancing the purposes of this subtitle; and
(2) to use the resources and expertise of each agency in improving management and recreational opportunities within the Recreation Area.
(c) Membership.--The Partnership shall include the following:
(1) The Secretary (or a designee) to represent the National Park Service.
(2) The Secretary of Defense (or a designee) to represent the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of the State (or a designee) to represent--
(A) the California Department of Parks and Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) 1 designee of the Los Angeles County Board of Supervisors.
(6) 1 designee of the Puente Hills Habitat Preservation Authority.
(7) 4 designees of the San Gabriel Council of Governments, of whom 1 shall be selected from a local land conservancy.
(8) 1 designee of the San Gabriel Valley Economic Partnership.
(9) 1 designee of the Los Angeles County Flood Control District.
(10) 1 designee of the San Gabriel Valley Water Association.
(11) 1 designee of the Central Basin Water Association.
(12) 1 designee of the Main San Gabriel Basin Watermaster.
(13) 1 designee of a public utility company, to be appointed by the Secretary.
(14) 1 designee of the Watershed Conservation Authority.
(15) 1 designee of the Advisory Council for the period during which the Advisory Council remains in effect.
(16) 1 designee of San Gabriel Mountains National Monument Community Collaborative.
(d) Duties.--To advance the purposes described in section 5311, the Partnership shall--
(1) make recommendations to the Secretary regarding the development and implementation of the management plan;
(2) review and comment on the visitor services plan under section 5319(a)(2), and facilitate the implementation of that plan;
(3) assist units of local government, regional planning organizations, and nonprofit organizations in advancing the purposes of the Recreation Area by--
(A) carrying out programs and projects that recognize, protect, and enhance important resource values within the Recreation Area;
(B) establishing and maintaining interpretive exhibits and programs within the Recreation Area;
(C) developing recreational and educational opportunities in the Recreation Area in accordance with the purposes of this subtitle;
(D) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Recreation Area;
(E) ensuring that signs identifying points of public access and sites of interest are posted throughout the Recreation Area;
(F) promoting a wide range of partnerships among governments, organizations, and individuals to advance the purposes of the Recreation Area; and
(G) ensuring that management of the Recreation Area takes into consideration--
(i) local ordinances and land-use plans; and
(ii) adjacent residents and property owners;
(4) make recommendations to the Secretary regarding the appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve the purposes of this subtitle.
(e) Authorities.--Subject to approval by the Secretary, for the purposes of preparing and implementing the management plan, the Partnership may use Federal funds made available under this section--
(1) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide grants or technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source, including funds and services provided under any other Federal law or program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other activities that--
(A) advance the purposes of the Recreation Area; and
(B) are in accordance with the management plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be appointed for a term of 3 years.
(2) Reappointment.--A member may be reappointed to serve on the Partnership on the expiration of the term of service of the member.
(3) Vacancy.--A vacancy on the Partnership shall be filled in the same manner in which the original appointment was made.
(g) Quorum.--
(1) In general.--11 members of the Partnership shall constitute a quorum.
(2) No effect on operations.--The operations of the Partnership shall not be impaired by the fact that a member has not yet been appointed if a quorum has been attained under paragraph (1).
(h) Chairperson; Procedures.--The Partnership shall--
(1) select a chairperson from among the members of the Partnership; and
(2) establish such rules and procedures as the Partnership considers to be necessary or desirable.
(i) Service Without Compensation.--A member of the Partnership shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the Partnership on a regular basis to carry out this subtitle.
(2) Technical and financial assistance.--The Secretary may provide to the Partnership or any member of the Partnership, on a reimbursable or nonreimbursable basis, such technical and financial assistance as the Secretary determines to be appropriate to carry out this subtitle.
(3) Cooperative agreements.--The Secretary may enter into a cooperative agreement with the Partnership, a member of the Partnership, or any other public or private entity to provide technical, financial, or other assistance to carry out this subtitle.
(4) Construction of facilities on non-federal land.--
(A) In general.--To facilitate the administration of the Recreation Area, the Secretary may, subject to valid existing rights, construct administrative or visitor use facilities on land owned by a nonprofit organization, local agency, or other public entity in accordance with this subtitle and applicable law (including regulations).
(B) Additional requirements.--A facility under this paragraph may only be developed--
(i) with the consent of the owner of the non-Federal land; and
(ii) in accordance with applicable Federal, State, and local laws (including regulations) and plans.
(5) Priority.--The Secretary shall give priority to actions that--
(A) conserve the significant natural, historic, cultural, and scenic resources of the Recreation Area; and
(B) provide educational, interpretive, and recreational opportunities consistent with the purposes of the Recreation Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise the Secretary regarding water-related issues relating to the Recreation Area; and
(2) a Public Safety Advisory Committee to advise the Secretary regarding public safety issues relating to the Recreation Area.
SEC. 5319. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to facilitate the development of an integrated visitor services plan to improve visitor experiences in the Recreation Area through--
(A) expanded recreational opportunities; and
(B) increased interpretation, education, resource protection, and enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop and carry out an integrated visitor services plan for the Recreation Area in accordance with this paragraph.
(B) Contents.--The visitor services plan shall--
(i) assess current and anticipated future visitation to the Recreation Area, including recreation destinations;
(ii) consider the demand for various types of recreation
(including hiking, picnicking, horseback riding, and the use of motorized and mechanized vehicles), as permissible and appropriate;
(iii) evaluate--
(I) the impacts of recreation on natural and cultural resources, water rights and water resource facilities, public roads, adjacent residents and property owners, and utilities within the Recreation Area; and
(II) the effectiveness of current enforcement efforts;
(iv) assess the current level of interpretive and educational services and facilities;
(v) include recommendations--
(I) to expand opportunities for high-demand recreational activities, in accordance with the purposes described in section 5311;
(II) to better manage Recreation Area resources and improve the experience of Recreation Area visitors through--
(aa) expanded interpretive and educational services and facilities; and
(bb) improved enforcement; and
(III) to better manage Recreation Area resources to reduce negative impacts on the environment, ecology, and integrated water management activities in the Recreation Area;
(vi) in coordination and consultation with affected owners of non-Federal land, assess options to incorporate recreational opportunities on non-Federal land into the Recreation Area--
(I) in a manner consistent with the purposes and uses of the non-Federal land; and
(II) with the consent of the non-Federal landowner;
(vii) assess opportunities to provide recreational opportunities that connect with adjacent National Forest System land; and
(viii) be developed and carried out in accordance with applicable Federal, State, and local laws and ordinances.
(C) Consultation.--In developing the visitor services plan, the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and local agencies; and
(IV) interested nongovernmental organizations; and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor use facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1) shall be developed in accordance with applicable Federal, State, and local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use donated funds, property, in-kind contributions, and services to carry out this subtitle.
(2) Prohibition.--Nothing in paragraph (1) permits the Secretary to accept non-Federal land that has been acquired after the date of enactment of this Act through the use of eminent domain.
(d) Cooperative Agreements.--In carrying out this subtitle, the Secretary may make grants to, or enter into cooperative agreements with, units of State, Tribal, and local governments and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the management of, and visitation to, the Recreation Area.
Subtitle B--San Gabriel Mountains
SEC. 5321. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.
(2) Wilderness area or addition.--The term ``wilderness area or addition'' means any wilderness area or wilderness addition designated by section 5323(a).
SEC. 5322. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The San Gabriel Mountains National Monument established by Presidential Proclamation 9194 (54 U.S.C. 320301 note) (referred to in this section as the
``Monument'') is modified to include the approximately 109,167 acres of additional National Forest System land depicted as the ``Proposed San Gabriel Mountains National Monument Expansion'' on the map entitled ``Proposed San Gabriel Mountains National Monument Expansion'' and dated June 26, 2019.
(b) Administration.--The Secretary shall administer the Monument (including the land added to the Monument by subsection (a)), in accordance with--
(1) Presidential Proclamation 9194 (54 U.S.C. 320301 note);
(2) the laws generally applicable to the Monument; and
(3) this subtitle.
(c) Management Plan.--Not later than 3 years after the date of enactment of this Act, the Secretary shall consult with the State, local governments, and interested members of the public to update the San Gabriel Mountains National Monument Plan to provide management direction and protection for the land added to the Monument by subsection (a).
SEC. 5323. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of National Forest System land in the State are designated as wilderness and as components of the National Wilderness Preservation System:
(1) Condor peak wilderness.--Certain Federal land in the Angeles National Forest, comprising approximately 8,207 acres, as generally depicted on the map entitled ``Condor Peak Wilderness--Proposed'' and dated June 6, 2019, which shall be known as the ``Condor Peak Wilderness''.
(2) San gabriel wilderness additions.--Certain Federal land in the Angeles National Forest, comprising approximately 2,032 acres, as generally depicted on the map entitled ``San Gabriel Wilderness Additions'' and dated June 6, 2019, which is incorporated in, and considered to be a part of, the San Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C. 1132 note; 82 Stat. 131).
(3) Sheep mountain wilderness additions.--Certain Federal land in the Angeles National Forest, comprising approximately 13,726 acres, as generally depicted on the map entitled
``Sheep Mountain Wilderness Additions'' and dated June 6, 2019, which is incorporated in, and considered to be a part of, the Sheep Mountain Wilderness designated by section 101(a)(29) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
(4) Yerba buena wilderness.--Certain Federal land in the Angeles National Forest, comprising approximately 6,694 acres, as generally depicted on the map entitled ``Yerba Buena Wilderness--Proposed'' and dated June 6, 2019, which shall be known as the ``Yerba Buena Wilderness''.
(b) Map and Legal Description.--
(1) 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 wilderness areas and additions with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) Force of law.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description.
(3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
SEC. 5324. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the wilderness areas and additions shall be administered by the Secretary in accordance with this section and 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) Fire Management and Related Activities.--
(1) In general.--The Secretary may carry out such activities in a wilderness area or addition as are necessary for the control of fire, insects, or diseases in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits funding for fire or fuels management in a wilderness area or addition.
(3) Revision and development of local fire management plans.--As soon as practicable after the date of enactment of this Act, the Secretary shall amend, as applicable, any local fire management plan that applies to a wilderness area or addition.
(4) Administration.--In accordance with paragraph (1) and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area or addition, the Secretary shall--
(A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and
(B) enter into agreements with appropriate State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area or addition, if established before the date of enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(2) the guidelines contained in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction or responsibility of the State with respect to fish or wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In support of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activity that the Secretary determines to be necessary to maintain or restore a fish or wildlife population or habitat in a wilderness area or addition, if the activity is conducted in accordance with--
(i) applicable wilderness management plans; and
(ii) appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(B) Inclusions.--A management activity under subparagraph
(A) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks.
(C) Existing activities.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and other appropriate policies (such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405)), the State may use aircraft (including helicopters) in a wilderness area or addition to survey, capture, transplant, monitor, or provide water for a wildlife population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Nothing in this subtitle establishes any protective perimeter or buffer zone around a wilderness area or addition.
(2) Activities or uses up to boundaries.--The fact that a nonwilderness activity or use can be seen or heard from within a wilderness area or addition shall not preclude the activity or use up to the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over a wilderness area or addition;
(2) the designation of a new unit of special airspace over a wilderness area or addition; or
(3) the use or establishment of a military flight training route over a wilderness area or addition.
(g) Horses.--Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a wilderness area or addition--
(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the Secretary determines to be necessary.
(h) Law Enforcement.--Nothing in this subtitle precludes any law enforcement or drug interdiction effort within a wilderness area or addition, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the wilderness areas and additions are withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area or addition that is acquired by the United States shall--
(1) become part of the wilderness area or addition in which the land is located; and
(2) be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law (including regulations).
(k) Climatological Data Collection.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in a wilderness area or addition if the Secretary determines that the device and access to the device is essential to a flood warning, flood control, or water reservoir operation activity.
(l) Authorized Event.--The Secretary may authorize the Angeles Crest 100 competitive running event to continue in substantially the same manner in which the event was operated and permitted in 2015 within the land added to the Sheep Mountain Wilderness by section 5323(a)(3) and the Pleasant View Ridge Wilderness Area designated by section 1802(8) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-11; 123 Stat. 1054), if the event is authorized and conducted in a manner compatible with the preservation of the areas as wilderness.
SEC. 5325. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5205(a)) is amended by adding at the end the following:
``(272) East fork san gabriel river, california.--The following segments of the East Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes:
``(A) The 10-mile segment from the confluence of the Prairie Fork and Vincent Gulch to 100 yards upstream of the Heaton Flats trailhead and day use area, as a wild river.
``(B) The 2.7-mile segment from 100 yards upstream of the Heaton Flats trailhead and day use area to 100 yards upstream of the confluence with Williams Canyon, as a recreational river.
``(273) North fork san gabriel river, california.--The 4.3-mile segment of the North Fork San Gabriel River from the confluence with Cloudburst Canyon to 0.25 miles upstream of the confluence with the West Fork San Gabriel River, to be administered by the Secretary of Agriculture as a recreational river.
``(274) West fork san gabriel river, california.--The following segments of the West Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes:
``(A) The 6.7-mile segment from 0.25 miles downstream of its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to the confluence with the unnamed tributary 0.25 miles downstream of the power lines in sec. 22, T. 2 N., R. 11 W., as a recreational river.
``(B) The 1.6-mile segment of the West Fork from 0.25 miles downstream of the powerlines in sec. 22, T. 2 N., R. 11 W., to the confluence with Bobcat Canyon, as a wild river.
``(275) Little rock creek, california.--The following segments of Little Rock Creek and tributaries, to be administered by the Secretary of Agriculture in the following classes:
``(A) The 10.3-mile segment from its source on Mt. Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream of the confluence with the South Fork Little Rock Creek, as a wild river.
``(B) The 6.6-mile segment from 100 yards upstream of the confluence with the South Fork Little Rock Creek to the confluence with Santiago Canyon, as a recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek from 0.25 miles downstream of Highway 2 to 100 yards downstream of Cooper Canyon Campground, as a scenic river.
``(D) The 1.3-mile segment of Cooper Canyon Creek from 100 yards downstream of Cooper Canyon Campground to the confluence with Little Rock Creek, as a wild river.
``(E) The 1-mile segment of Buckhorn Creek from 100 yards downstream of the Buckhorn Campground to its confluence with Cooper Canyon Creek, as a wild river.''.
(b) Water Resource Facilities; Water Use.--
(1) Water resource facilities.--
(A) Definitions.--In this paragraph:
(i) Water resource facility.--The term ``water resource facility'' means--
(I) an irrigation or pumping facility;
(II) a dam or reservoir;
(III) a flood control facility;
(IV) a water conservation works (including a debris protection facility);
(V) a sediment placement site;
(VI) a rain gauge or stream gauge;
(VII) a water quality facility;
(VIII) a recycled water facility or water pumping, conveyance, or distribution system;
(IX) a water storage tank or reservoir;
(X) a water treatment facility;
(XI) an aqueduct, canal, ditch, pipeline, well, hydropower project, or transmission or other ancillary facility;
(XII) a groundwater recharge facility;
(XIII) a water filtration plant; and
(XIV) any other water diversion, conservation, storage, or carriage structure.
(ii) Wild and scenic river segment.--The term ``wild and scenic river segment'' means a component of the national wild and scenic rivers system designated by paragraph (272),
(273), (274), or (275) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)).
(B) No effect on existing water resource facilities.--Nothing in this section alters, modifies, or affects--
(i) the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, relocation, or replacement of a water resource facility downstream of a wild and scenic river segment, subject to the condition that the physical structures of such a facility or reservoir shall not be located within the wild and scenic river segment; or
(ii) access to a water resource facility downstream of a wild and scenic river segment.
(C) No effect on new water resource facilities.--Nothing in this section precludes the establishment of a new water resource facility (including instream sites, routes, and areas) downstream of a wild and scenic river segment.
(2) Limitation.--Any new reservation of water or new use of water pursuant to existing water rights held by the United States to advance the purposes of the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive instream use only within the wild and scenic river segments (as defined in paragraph (1)(A)).
(3) Existing law.--Nothing in this section affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 5326. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this title, and no action carried out pursuant to this title--
(1) constitutes an express or implied reservation of any water or water right, or authorizes an expansion of water use pursuant to existing water rights held by the United States, with respect to--
(A) the San Gabriel Mountains National Monument;
(B) the wilderness areas and additions; and
(C) the components of the national wild and scenic rivers system designated by paragraphs (272), (273), (274), and
(275) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 325(a)) and land adjacent to the components;
(2) affects, alters, modifies, or conditions any water right in the State in existence on the date of enactment of this Act, including any water rights held by the United States;
(3) establishes a precedent with respect to any designation of wilderness or wild and scenic rivers after the date of enactment of this Act;
(4) affects, alters, or modifies the interpretation of, or any designation, decision, adjudication, or action carried out pursuant to, any other Act; or
(5) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among or between the State and any other State.
(b) State Water Law.--The Secretary shall comply with applicable procedural and substantive requirements under State law to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to--
(1) the San Gabriel Mountains National Monument;
(2) the wilderness areas and additions; and
(3) the components of the national wild and scenic rivers system designated by paragraphs (272), (273), (274), and
(275) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 5325(a)).
______
SA 4216. 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. GLOBAL CLIMATE ASSISTANCE FUNDS.
(a) In General.--The amount authorized to be appropriated for fiscal year 2022 by this Act is the aggregate amount authorized to be appropriated for fiscal year 2022 by this Act minus one percent.
(b) Allocation.--The allocation of the reduction under subsection (a) shall be derived from the additional
$25,026,879,000 provided by the House of Representatives to the discretionary authorizations within the jurisdiction of the Committee on Armed Services of the House of Representatives, as set forth on page 350 of the report of the Committee on Armed Services of the House of Representatives accompanying H.R. 4350 of the 117th Congress
(H. Rept. 117-118).
(c) Use of Funds.--Amounts from the reduction under subsection (a) shall be used by the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of the Treasury, as appropriate, to increase the authorization of appropriations for funds to global climate assistance accounts, programs, organizations, and international financial institutions described in subsection (d) for the following purposes:
(1) To reduce the risks to United States national security due to climate change, as set forth in the national intelligence estimate of the National Intelligence Council entitled ``Climate Change and International Responses Increasing Challenges to US National Security Through 2040''
(NIC-NIE-2021-10030-A).
(2) To provide public climate financing to developing countries, with the objective of limiting the increase in global temperature at or below 1.5 degrees Celsius above pre-industrial levels.
(d) Global Climate Assistance Accounts, Programs, Organizations, and International Financial Institutions Described.--The global climate assistance accounts, programs, organizations, and international financial institutions described in this subsection are the following:
(1) The Green Climate Fund.
(2) Global Environment Facility.
(3) Adaptation Programs.
(4) Sustainable Landscapes.
(5) Clean Energy Programs.
(6) Biodiversity Programs.
(7) The Clean Technology Fund.
(8) Migration and Refugee Assistance.
(9) International Disaster Assistance.
(10) Montreal Protocol Multilateral Fund (MLF).
(11) The United Nations Framework Convention on Climate Change.
(12) The Adaptation Fund.
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SA 4217. Mr. CORNYN (for himself 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 in title X, insert the following:
SEC. ___. STUDY ON SUPPLY CHAINS CRITICAL TO NATIONAL
SECURITY.
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly--
(1) complete a study--
(A) to identify--
(i) supply chains that are critical to the national security, economic security, or public health or safety of the United States; and
(ii) important vulnerabilities in such supply chains; and
(B) to develop recommendations for legislative or administrative action to secure the supply chains identified under subparagraph (A)(i); and
(2) submit to the congressional intelligence committees (as that term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives the findings of the directors with respect to the study conducted under paragraph (1).
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SA 4218. Mr. CORNYN (for himself and Ms. Hassan) 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. 838. MAINTENANCE OF CRITICAL SUPPLY LINES.
(a) Addition of Certain Items to List of High-priority Goods and Services for Analyses, Recommendations, and Actions Related to Sourcing and Industrial Capacity.--Section 849(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended by adding at the end the following new paragraph:
``(14) Unmanned aerial systems.''.
(b) Designation of Critical Technology Areas.--Section 217(b)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting a semicolon;
(2) in subparagraph (B), by striking the semicolon and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) a strategy to support domestic manufacturing and industrial base capabilities to support future defense requirements;''.
(c) Comptroller General Report on Assistant Secretary of Defense for Industrial Base Policy.--
(1) Briefing and report.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Comptroller General's preliminary findings related to the topics set forth in paragraph (2). The Comptroller General shall submit to such committees a report with a final description and assessment of such topics at an agreed upon date.
(2) Topics covered.--The topics referred to under paragraph
(1) are as follows:
(A) The strategy, effectiveness, and responsibilities of the Assistant Secretary of Defense for Industrial Base Policy.
(B) The efforts of the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment to assess the manufacturing and procurement of critical materials, including describing the offices and individuals that are responsible for identifying critical materials supply chain shortfalls, how such shortfalls are identified, and any variation in methods used across the Department of Defense.
(C) The efforts of the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment to implement procedures to protect supply chains for critical programs and technologies and disseminate that information to other appropriate Federal agencies and organizations.
(D) Such other matters as the Comptroller General determines appropriate.
______
SA 4219. Mr. BRAUN 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. CONTRACTING-RELATED FRAUD RISK ASSESSMENT.
The Secretary of Defense shall--
(1) conduct an assessment of all of the risks of fraud relating to Department of Defense contracting, including any such risks not previously reported as a material weakness; and
(2) submit to Congress a report on--
(A) the areas with the most significant weaknesses across the Department; and
(B) plans for the remediation of those weaknesses.
______
SA 4220. Mr. BRAUN 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. AUTHORIZATION FOR HONORARY PROMOTION OF MASTER
SERGEANT HAROLD B. PHARIS, UNITED STATES ARMY
(RETIRED), TO SERGEANT MAJOR.
(a) Honorary Promotion.--The honorary promotion of Master Sergeant Harold B. Pharis, United States Army (retired), to the grade of Sergeant Major is hereby authorized.
(b) Additional Benefits Not to Accrue.--The honorary promotion of Harold B. Pharis pursuant to subsection (a) shall not affect the retired pay or other benefits from the United States to which Harold B. Pharis is entitled based upon his military service or affect any benefits to which any other person may become entitled based on his military service.
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SA 4221. Mr. BRAUN 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. SENSE OF CONGRESS REGARDING CRISIS AT THE
SOUTHWEST LAND BORDER.
(a) Findings.--Congress makes the following findings:
(1) There were 1,300,000 illegal crossings between January, 2021, and July, 2021, across the Southwest land border of the United States.
(2) The 212,672 migrant encounters at the Southwest land border in July 2021 was a 21-year high.
(3) Noncitizens with criminal convictions are routinely encountered at ports of entry and between ports of entry on the Southwest land border.
(4) Some of the inadmissible individuals encountered at the Southwest land border are known or suspected terrorists.
(5) Transnational criminal organizations routinely move illicit drugs, counterfeit products, and trafficked humans across the Southwest land border.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the current level of illegal crossings and trafficking on the Southwest border represents a national security threat;
(2) the Department of Defense has rightly contributed personnel to aid the efforts of the United States Government to address the crisis at the Southwest border;
(3) the National Guard and active duty members of the Armed Forces are to be commended for their hard work and dedication in their response to the crisis at the Southwest land border; and
(4) border security is a matter of national security and the failure to address the crisis at the Southwest land border introduces significant risk to the people of the United States.
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SA 4222. Mr. BRAUN 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. ___. SHARING OF INFORMATION REGARDING SAFETY
INVESTIGATIONS OF THE DEPARTMENT OF DEFENSE.
(a) Submittal of Information to Congress.--
(1) In general.--The Secretary of Defense shall--
(A) upon request of a member of Congress for information regarding a safety investigation conducted by the Department of Defense, not later than 30 days after the date on which the Secretary receives the request, submit to the member of Congress the information requested; and
(B) not later than 30 days after the date of the completion of an investigation with respect to which the Secretary submitted information under subparagraph (A) to a member of Congress, submit to the member updated information with respect to the investigation.
(2) Redaction.--The Secretary of Defense may not redact any information submitted under paragraph (1).
(3) Form.--Information submitted under paragraph (1) may be submitted in classified form as the Secretary determines necessary to protect national security and the investigatory process.
(b) Sharing of Information Among Military Departments.--For each safety investigation conducted by the Department of Defense that involves equipment used by more than one military department, the Secretary of Defense shall, not later than 30 days after the date of the completion of the safety investigation, ensure that information regarding the investigation is transmitted to the Secretary of each military department that uses such equipment.
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SA 4223. Mr. BRAUN (for himself, Mrs. Blackburn, Mr. Scott of Florida, 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 A of title X of division A, add the following:
SEC. 10__. SENSE OF SENATE REGARDING RECOGNIZING NATIONAL
DEBT AS A THREAT TO NATIONAL SECURITY.
(a) Findings.--Congress finds that--
(1) in September 2020, the total public debt outstanding of the United States was more than $26,000,000,000,000, resulting in a total interest expense of more than
$371,000,000,000 for fiscal year 2020;
(2) in September 2019, the total public debt as a percentage of gross domestic product was about 100 percent;
(3) leaders of the Congressional Budget Office and the Government Accountability Office have testified that--
(A) the growth of the public debt is unsustainable; and
(B) Congress must undertake extensive fiscal consolidation to combat that growth;
(4) the last Federal budget surplus occurred in 2001;
(5) in fiscal year 2020, Federal tax receipts totaled
$3,420,000,000,000, but Federal outlays totaled
$6,652,000,000,000, leaving the Federal Government with a 1-year deficit of $3,132,000,000,000;
(6) since the last Federal budget surplus occurred in 2001, Congress--
(A) has failed to maintain a fiscally responsible budget; and
(B) has had to raise the debt ceiling repeatedly;
(7) the Medicare Board of Trustees projects that the Medicare Hospital Insurance Trust Fund will be depleted in 2026;
(8) the Social Security and Medicare Boards of Trustees project that the Disability Insurance and the Federal Old-Age and Survivors Insurance Trust Funds will be depleted in 2026 and 2031, respectively;
(9) heavy indebtedness increases the exposure of the Federal Government to interest rate risks;
(10) the credit rating of the United States was reduced by Standard and Poor's from AAA to AA+ on August 5, 2011, and has remained at that level ever since;
(11) without a targeted effort to balance the Federal budget, the credit rating of the United States will continue to fall;
(12) improvements in the business climate in populous countries, and aging populations around the world, will likely contribute to higher global interest rates;
(13) more than $7,000,000,000,000 of Federal debt is owned by individuals not located in the United States, including more than $1,000,000,000,000 of which is owned by individuals in China;
(14) China and the European Union are developing alternative payment systems to weaken the dominant position of the United States dollar as a reserve currency;
(15) rapidly increasing interest rates will squeeze all policy priorities of the United States, including defense policy and foreign policy priorities;
(16) the National Security Strategy of the United States, as of the date of enactment of this Act, highlights the need to reduce the national debt through fiscal responsibility;
(17) on April 12, 2018, former Secretary of Defense James Mattis warned that ``any Nation that can't keep its fiscal house in order eventually cannot maintain its military power'';
(18) on March 6, 2018, former Director of National Intelligence Dan Coats warned: ``Our continued plunge into debt is unsustainable and represents a dire future threat to our economy and to our national security'';
(19) on November 15, 2017, former Secretaries of Defense Leon Panetta, Ash Carter, and Chuck Hagel warned: ``Increase in the debt will, in the absence of a comprehensive budget that addresses both entitlements and revenues, force even deeper reductions in our national security capabilities''; and
(20) on September 22, 2011, former Chairman of the Joint Chiefs of Staff Michael Mullen warned: ``I believe the single, biggest threat to our national security is debt''.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the national debt is a threat to the national security of the United States;
(2) persistent, structural deficits are unsustainable, irresponsible, and dangerous; and
(3) the looming fiscal crisis faced by the United States must be addressed.
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SA 4224. Mr. BRAUN 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. ___. STUDY ON RESEARCH PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) Study Required.--The Secretary of Defense shall conduct a study on the research programs of the Department of Defense.
(b) Elements.--The study required by subsection (a) shall include the following:
(1) Identification of all research programs of the Department.
(2) Identification of which programs identified under paragraph (1) are duplicates of each other and which programs are duplicates of programs of other Federal agencies.
(3) For each program of the Department identified under paragraph (2) that is a duplicate of another program of the Department but is carried out by a different military department or Defense Agency, identification of which military department or Defense Agency is the most appropriate entity to carry out the program.
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