“TEXT OF AMENDMENTS” published by the Congressional Record in the Senate section on Sept. 21

By Sooner State News

Sep 23, 2022

James M. Inhofe was mentioned in TEXT OF AMENDMENTS on pages S4918-S4940 covering the 2nd Session of the 117th Congress published on Sept. 21 in the Congressional Record.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 5518. Mr. SULLIVAN (for himself and Mr. Lee) proposed an amendment to the resolution of ratification to Treaty Doc. 117-1, Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (the

``Montreal Protocol''), adopted at Kigali on October 15, 2016, by the Twenty-Eighth Meeting of the Parties to the Montreal Protocol (the

``Kigali Amendment''); as follows:

In section 1, in the section heading, strike

``declaration'' and insert ``declarations and a condition''.

In section 1, strike ``declaration of section 2'' and insert ``declarations of section 2 and the condition of section 3''.

In section 2, in the section heading, strike

``declaration'' and insert ``declarations''.

In section 2, strike ``following declaration'' and all that follows through the period at the end and insert the following: ``following declarations:

(1) The Kigali amendment is not self-executing.

(2) The People's Republic of China is not a developing country, and the United Nations and other intergovernmental organizations should not treat the People's Republic of China as such.

At the end, add the following:

SEC. 3. CONDITION.

The advice and consent of the Senate under section 1 is subject to the following condition: Prior to the Thirty-Fifth Meeting of the Parties to the Montreal Protocol, the Secretary of State shall transmit to the Secretariat of the Vienna Convention for the Protection of the Ozone Layer a proposal to amend Decision I/12E, ``Clarification of terms and definitions: developing countries,'' made at the First Meeting of the Parties, to remove the People's Republic of China.

______

SA 5519. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 10__. ZERO-EMISSION VEHICLE CHARGING INFRASTRUCTURE AT

GSA FACILITIES OR CAMPUSES.

(a) Annual Goals.--Not later than 180 days after the date of enactment of this Act, the Administrator of General Services (referred to in this section as the

``Administrator'') shall develop--

(1) annual goals for the deployment of zero-emission vehicle infrastructure, including electric vehicle supply equipment, at facilities or campuses of the General Services Administration (referred to in this section as ``GSA facilities or campuses'') such that by December 31, 2030, not less than 90 percent of GSA facilities or campuses with 200 or more daily employees and visitors offer zero-emission vehicle charging or fueling infrastructure; and

(2) guidance to ensure progress towards the annual goals developed under paragraph (1).

(b) Plan.--Not later than 180 days after the date of enactment of this Act, the Administrator shall prepare a detailed plan--

(1) to achieve the goals developed under subsection (a)(1); and

(2) that--

(A) identifies particular GSA facilities or campuses as priority facilities or campuses, as applicable, at which to achieve those goals, including by considering--

(i) demand for zero-emission vehicle charging and fueling;

(ii) locations of zero-emission vehicle fleets of the General Services Administration and tenant Federal agencies;

(iii) locations relevant to State zero-emission vehicle charging and fueling needs;

(iv) geographical gaps in zero-emission vehicle charging infrastructure;

(v) availability of incentives; and

(vi) other factors, as determined by the Administrator; and

(B) includes a requirement that all applicable electric vehicle supply equipment at GSA facilities or campuses is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a).

(c) Inclusion in Projects.--To the maximum extent practicable, the Administrator shall ensure that appropriate zero-emission vehicle infrastructure, including electric vehicle supply equipment and zero-emission vehicle fueling infrastructure, is included in, with respect to a GSA facility or campus--

(1) any prospectus for a construction, alteration, or lease project;

(2) any prospectus for an alteration of a leased building;

(3) any contract for parking lot paving or repaving; and

(4) any other appropriate project, as determined by the Administrator.

(d) Funding.--The Administrator may use amounts made available under section 60504 of Public Law 117-169 (commonly known as the ``Inflation Reduction Act'')--

(1) to achieve the zero-emission vehicle infrastructure goals developed under subsection (a)(1), including through carrying out projects in support of those goals; and

(2) for the cost of any additional employees, contractors, and training needed to support those goals.

______

SA 5520. Mr. BRAUN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 subtitle G of title X, insert the following:

SEC. 10__. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN

FORGIVENESS OF PAYROLL COSTS UNDER HIGHWAY AND

PUBLIC TRANSPORTATION PROJECT COST-

REIMBURSEMENT CONTRACTS.

(a) In General.--Notwithstanding section 31.201-5 of title 48, Code of Federal Regulations (or successor regulations), for the purposes of any cost-reimbursement contract awarded in accordance with section 112 of title 23, United States Code, or section 5325 of title 49, United States Code, or any subcontract under such a contract, no cost reduction or cash refund (including through a reduced indirect cost rate) shall be due to the Department of Transportation or to a State transportation department, transit agency, or other recipient of assistance under chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code, on the basis of forgiveness of the payroll costs of a covered loan

(as those terms are defined in section 7A(a) of the Small Business Act (15 U.S.C. 636m(a))) issued under the paycheck protection program under section 7(a)(36) of that Act (15 U.S.C. 636(a)(36)).

(b) Saving Provision.--Nothing in this section amends or exempts the prohibitions and liabilities under section 3729 of title 31, United States Code.

______

SA 5521. Mr. DURBIN (for himself, Mr. Brown, Mr. Carper, and Mr. Wyden) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. PROHIBITION ON SMOKING IN FACILITIES OF THE

VETERANS HEALTH ADMINISTRATION.

(a) Prohibition.--

(1) In general.--Section 1715 of title 38, United States Code, is amended to read as follows:

``Sec. 1715. Prohibition on smoking in facilities of the

Veterans Health Administration

``(a) Prohibition.--No person (including any veteran, patient, resident, employee of the Department, contractor, or visitor) may smoke on the premises of any facility of the Veterans Health Administration.

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

``(1) The term `facility of the Veterans Health Administration' means any land or building (including any medical center, nursing home, domiciliary facility, outpatient clinic, or center that provides readjustment counseling) that is--

``(A) under the jurisdiction of the Department of Veterans Affairs;

``(B) under the control of the Veterans Health Administration; and

``(C) not under the control of the General Services Administration.

``(2) The term `smoke' includes--

``(A) the use of cigarettes, cigars, pipes, and any other combustion or heating of tobacco; and

``(B) the use of any electronic nicotine delivery system, including electronic or e-cigarettes, vape pens, and e- cigars.''.

(2) Clerical amendment.--The table of sections at the beginning of subchapter II of chapter 17 of such title is amended by striking the item relating to section 1715 and inserting the following new item:

``1715. Prohibition on smoking in facilities of the Veterans Health

Administration.''.

(b) Conforming Amendment.--Section 526 of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 note) is repealed.

______

SA 5522. Mr. DURBIN (for himself, Mr. Boozman, Mrs. Shaheen, and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1276. INVESTMENT, TRADE, AND DEVELOPMENT IN AFRICA AND

LATIN AMERICA AND THE CARIBBEAN.

(a) Strategy Required.--

(1) In general.--The President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa and Latin America and the Caribbean.

(2) Focus of strategy.--The strategy required by paragraph

(1) shall focus on increasing exports of United States goods and services to Africa and Latin America and the Caribbean by 200 percent in real dollar value by the date that is 10 years after the date of the enactment of this Act.

(3) Consultations.--In developing the strategy required by paragraph (1), the President shall consult with--

(A) Congress;

(B) each agency that is a member of the Trade Promotion Coordinating Committee;

(C) the relevant multilateral development banks, in coordination with the Secretary of the Treasury and the respective United States Executive Directors of such banks;

(D) each agency that participates in the Trade Policy Staff Committee;

(E) the President's Export Council;

(F) each of the development agencies;

(G) any other Federal agencies with responsibility for export promotion or financing and development; and

(H) the private sector, including businesses, nongovernmental organizations, and African and Latin American and Caribbean diaspora groups.

(4) Submission to congress.--

(A) Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by paragraph (1).

(B) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by paragraph (1).

(b) Special Africa and Latin America and the Caribbean Export Strategy Coordinators.--The President shall designate an individual to serve as Special Africa Export Strategy Coordinator and an individual to serve as Special Latin America and the Caribbean Export Strategy Coordinator--

(1) to oversee the development and implementation of the strategy required by subsection (a); and

(2) to coordinate developing and implementing the strategy with--

(A) the Trade Promotion Coordinating Committee;

(B) the Assistant United States Trade Representative for African Affairs or the Assistant United States Trade Representative for the Western Hemisphere, as appropriate;

(C) the Assistant Secretary of State for African Affairs or the Assistant Secretary of State for Western Hemisphere Affairs, as appropriate;

(D) the Export-Import Bank of the United States;

(E) the United States International Development Finance Corporation; and

(F) the development agencies.

(c) Trade Missions to Africa and Latin America and the Caribbean.--It is the sense of Congress that, not later than one year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct a joint trade missions to Africa and to Latin America and the Caribbean.

(d) Training.--The President shall develop a plan--

(1) to standardize the training received by United States and Foreign Commercial Service officers, economic officers of the Department of State, and economic officers of the United States Agency for International Development with respect to the programs and procedures of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Small Business Administration, and the United States Trade and Development Agency; and

(2) to ensure that, not later than one year after the date of the enactment of this Act--

(A) all United States and Foreign Commercial Service officers that are stationed overseas receive the training described in paragraph (1); and

(B) in the case of a country to which no United States and Foreign Commercial Service officer is assigned, any economic officer of the Department of State stationed in that country receives that training.

(e) Definitions.--In this section:

(1) Development agencies.--The term ``development agencies'' means the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks.

(2) Multilateral development banks.--The term

``multilateral development banks'' has the meaning given that term in section 1701(c)(4) of the International Financial Institutions Act (22 U.S.C. 262r(c)(4)) and includes the African Development Foundation.

(3) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations.

(4) Trade promotion coordinating committee.--The term

``Trade Promotion Coordinating Committee'' means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).

(5) United states and foreign commercial service.--The term

``United States and Foreign Commercial Service'' means the United States and Foreign Commercial Service established by section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721).

______

SA 5523. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1052. TERMINATION OF AUTHORIZATIONS FOR THE USE OF

MILITARY FORCE AND DECLARATIONS OF WAR.

(a) Future Authorizations for the Use of Military Force and Declarations of War.--Any authorization for the use of military force or declaration of war enacted into law after the date of enactment of this Act shall terminate on the date that is 10 years after the date of enactment of such authorization or declaration.

(b) Existing Authorizations for the Use of Military Force and Declarations of War.--Any authorization for the use of military force or declaration of war enacted before the date of the enactment of this Act shall terminate on the date that is 6 months after the date of such enactment.

______

SA 5524. Mr. DURBIN (for himself and Mr. Grassley) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 G--Baltic Defense and Deterrence

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the ``Baltic Defense and Deterrence Act''.

SEC. 1282. SENSE OF CONGRESS.

It is the sense of Congress that--

(1) supporting and strengthening the security of Estonia, Latvia, and Lithuania (referred to in this Act as the

``Baltic countries'') is in the national security interests of the United States;

(2) continuing to strengthen and update the United States- Baltics security cooperation roadmap is critical to achieving strategic security priorities as the Baltic countries face ongoing belligerence and threats from the Russian Federation, including amid the Russian Federation's illegal and unprovoked war in Ukraine that began on February 24, 2022;

(3) the United States should encourage advancement of the Three Seas Initiative to strengthen transport, energy, and digital infrastructures among Eastern European countries, including the Baltic countries; and

(4) improved economic ties between the United States and the Baltic countries, including to counter economic pressure by the People's Republic of China, offer an opportunity to strengthen the United States-Baltic strategic partnership.

SEC. 1283. BALTIC SECURITY AND ECONOMIC ENHANCEMENT

INITIATIVE.

(a) Establishment.--The Secretary of State shall establish and implement an initiative, to be known as the ``Baltic Security and Economic Enhancement Initiative'', for the purpose of increasing security and economic ties with the Baltic countries.

(b) Objectives.--The objectives of the Baltic Security and Economic Enhancement Initiative shall be--

(1) to ensure timely delivery of security assistance to the Baltic countries, prioritizing assistance to bolster defenses against hybrid warfare and improve interoperability with the military forces of the North Atlantic Treaty Organization;

(2) to mitigate the impact on the Baltic countries of economic coercion by the Russian Federation and the People's Republic of China;

(3) to identify new opportunities for foreign direct investment and United States business ties; and

(4) to bolster United States support for the economic and energy security needs of the Baltic countries, including by convening an annual trade forum with the Baltic countries and the United States International Development Finance Corporation.

(c) Authorization of Appropriations.--There is authorized to be appropriated for the Department of State, $60,000,000 for each of fiscal years 2023 through 2027 to carry out the initiative authorized under subsection (a).

SEC. 1284. BALTIC SECURITY INITIATIVE.

(a) Establishment.--The Secretary of Defense shall establish and implement an initiative, to be known as the

``Baltic Security Initiative'', for the purpose of deepening security cooperation with the Baltic countries.

(b) Objectives.--The objectives of the Baltic Security Initiative shall be--

(1) to achieve United States national security objectives, including deterring aggression by the Russian Federation and bolstering the long-term security of North Atlantic Treaty Organization allies;

(2) to enhance regional planning and cooperation among the Baltic countries, particularly with respect to long-term regional capability projects, including--

(A) long-range precision fire systems and capabilities;

(B) integrated air and missile defense;

(D) land forces development, including stockpiling large caliber ammunition;

(E) command, control, communications, computers, intelligence, surveillance, and reconnaissance;

(F) special operations forces development; and

(G) coordination with and security enhancements for Poland, which is a neighboring North Atlantic Treaty Organization ally; and

(3) to improve the Baltic countries' cyber defenses and resilience to hybrid threats.

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the strategy of the Department of Defense to achieve the objectives described in subsection (b).

(2) Considerations.--The strategy required by paragraph (1) shall include a consideration of--

(A) security assistance programs for the Baltic countries managed by the Department of State;

(B) the ongoing security threats to the North Atlantic Treaty Organization's eastern flank posed by Russian aggression, including as a result of the Russian Federation's 2022 invasion of Ukraine with support from Belarus; and

(C) rising tensions with, and presence in the Baltic countries of, the People's Republic of China, including economic bullying of the Baltic countries by the People's Republic of China.

(d) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Defense,

$250,000,000 for each of fiscal years 2023 through 2027 to carry out the initiative authorized under subsection (a).

______

SA 5525. Mr. DURBIN (for himself and Ms. Duckworth) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 I, add the following:

SEC. 144. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF C-40

AIRCRAFT.

(a) Prohibition.--None of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup aircraft inventory status any C-40 aircraft.

(b) Exception.--

(1) In general.--The prohibition under subsection (a) shall not apply to an individual C-40 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap.

(2) Certification required.--If the Secretary determines under paragraph (1) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons.

______

SA 5526. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1035. PROHIBITION ON USE OF FUNDS TO OPERATE THE

DETENTION FACILITY AT UNITED STATES NAVAL

STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER

30, 2024.

None of the funds authorized to be appropriated or otherwise made available by this Act or any other Act may be used to operate the detention facility at United States Naval Station, Guantanamo Bay, Cuba, after September 30, 2024.

SEC. 1036. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT

UNITED STATES NAVAL STATION, GUANTANAMO BAY,

CUBA.

(a) Use of Funds for Transfer or Release of Individuals Detained at United States Naval Station, Guantanamo Bay, Cuba, to Certain Countries.--Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most recently amended by section 1032 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is repealed.

(b) Use of Funds for Transfer or Release of Individuals Detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.--Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most recently amended by section 1033 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is repealed.

(c) Use of Funds to Construct or Modify Facilities in the United States to House Detainees Transferred From United States Naval Station, Guantanamo Bay, Cuba.--Section 1034 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most recently amended by section 1034 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is repealed.

SEC. 1037. REPEAL OF CERTAIN REQUIREMENTS FOR CERTIFICATIONS

AND NOTIFICATIONS RELATING TO TRANSFER OF

DETAINEES AT UNITED STATES NAVAL STATION,

GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND

OTHER FOREIGN ENTITIES.

(a) Certification.--Section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note) is repealed.

(b) Notification.--Section 308 of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law 112-87; 125 Stat. 1883; 10 U.S.C. 801 note) is repealed.

SEC. 1038. REPEAL OF CHAPTER 47A OF TITLE 10, UNITED STATES

CODE.

(a) In General.--Subchapters I through VI and subchapter VIII of chapter 47A of title 10, United States Code, are repealed.

(b) Conforming Amendments to Subchapter VII.--Subchapter VII of chapter 47A of such title is amended--

(1) in section 950d(a)(3), by inserting ``(as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023)'' after ``of this title'';

(2) in section 950f--

(A) in subsection (b)--

(i) in paragraph (2), by inserting ``(as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023)'' after ``of this title''; and

(ii) in paragraph (6)(B), by striking ``section 949b(b)(4) of this title'' and inserting ``paragraph (7)''; and

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

``(7) No appellate military judge on the United States Court of Military Commission Review may be reassigned to other duties, except under circumstances as follows:

``(A) The appellate military judge voluntarily requests to be reassigned to other duties and the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, approves such reassignment.

``(B) The appellate military judge retires or otherwise separates from the armed forces.

``(C) The appellate military judge is reassigned to other duties by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, based on military necessity and such reassignment is consistent with service rotation regulations (to the extent such regulations are applicable).

``(D) The appellate military judge is withdrawn by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, for good cause consistent with applicable procedures under chapter 47 of this title (the Uniform Code of Military Justice).'';

(3) in section 950h(c), by inserting ``(as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023)'' after ``of this title''; and

(4) by adding at the end the following new section:

``Sec. 950k. Definition

``In this subchapter, the term `military commission under this chapter' means a military commission under this chapter as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023.''.

(c) Clerical Amendment.--The table of subchapters at the beginning of chapter 47A of such title is amended by striking the items relating to subchapters I through VI and subchapter VIII.

______

SA 5527. Mr. DURBIN (for himself and Mr. Blunt) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In the funding table in section 4101, in the item relating to F/A-18E/F (FIGHTER) HORNET, strike the amount in the Senate Authorized column and insert ``756,865''.

In the funding table in section 4101, in the item relating to Total Aircraft Procurement, Navy, strike the amount in the Senate Authorized column and insert ``19,125,814''.

In the funding table in section 4101, in the item relating to Total Procurement, strike the amount in the Senate Authorized column and insert ``158,585,016''.

______

SA 5528. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. __. EXTREMIST ACTIVITY BY A MEMBER OF THE ARMED FORCES:

TRANSITION ASSISTANCE PROGRAM COUNSELING;

NOTATION IN SERVICE RECORD.

(a) Transition Assistance Program Counseling.--

(1) In general.--Subsection (b) of section 1142 of title 10, United States Code, is amended by adding at the end the following new paragraph:

``(20) In the case of a member who has violated Department of Defense Instruction 1325.06 (or successor instruction) by participating in extremist activity, in-person counseling, developed by the Secretary of Defense in consultation with the Secretary of Homeland Security, that includes--

``(A) efforts to deradicalize the member;

``(B) information regarding why extremist activity is inconsistent with service in the armed forces and with national security;

``(C) information regarding the dangers associated with involvement with an extremist group; and

``(D) methods for the member to recognize and avoid disinformation.''.

(2) Implementation.--The Secretary of Defense shall complete development of counseling provided under paragraph

(20) of such subsection, as added by paragraph (1), not later than the day that is one year after the date of the enactment of this Act. The Secretary concerned shall ensure that such counseling is carried out on and after that day.

(b) Service Record.--In the case of a member of the Armed Forces who has violated Department of Defense Instruction 1325.06 (or successor instruction) by participating in extremist activity, the Secretary concerned shall ensure that the commanding officer of the member notes the violation in the service record of the member.

``Secretary concerned'' has the meaning given that term in section 101(a) of title 10, United States Code.

______

SA 5529. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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--DREAM ACT

TITLE LI--DREAM ACT

SEC. 5101. SHORT TITLE.

This title may be cited as the ``Dream Act''.

SEC. 5102. DEFINITIONS.

In this title:

(1) In general.--Except as otherwise specifically provided, any term used in this title that is used in the immigration laws shall have the meaning given such term in the immigration laws.

(2) DACA.--The term ``DACA'' means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012.

(3) Disability.--The term ``disability'' has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).

(4) Early childhood education program.--The term ``early childhood education program'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

(5) Elementary school; high school; secondary school.--The terms ``elementary school'', ``high school'', and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(6) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).

(7) Institution of higher education.--The term

``institution of higher education''--

(A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and

(B) does not include an institution of higher education outside of the United States.

(8) Permanent resident status on a conditional basis.--The term ``permanent resident status on a conditional basis'' means status as an alien lawfully admitted for permanent residence on a conditional basis under this title.

(9) Poverty line.--The term ``poverty line'' has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902).

(10) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security.

(11) Uniformed services.--The term ``Uniformed Services'' has the meaning given the term ``uniformed services'' in section 101(a) of title 10, United States Code.

SEC. 5103. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS

FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE

UNITED STATES AS CHILDREN.

(a) Conditional Basis for Status.--Notwithstanding any other provision of law, an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions under this title.

(b) Requirements.--

(1) In general.--Notwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), if--

(A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act;

(B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States;

(i) is not inadmissible under paragraph (2), (3), (6)(E),

(6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));

(ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and

(iii) has not been convicted of--

(I) any offense under Federal or State law, other than a State offense for which an essential element is the alien's immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or

(II) 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien's immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; and

(D) the alien--

(i) has been admitted to an institution of higher education;

(ii) has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States; or

(iii) is enrolled in secondary school or in an education program assisting students in--

(I) obtaining a regular high school diploma or its recognized equivalent under State law; or

(II) in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam.

(2) Waiver.--With respect to any benefit under this title, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes or family unity or if the waiver is otherwise in the public interest.

(3) Treatment of expunged convictions.--An expunged conviction shall not automatically be treated as an offense under paragraph (1). The Secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the Secretary determines that the alien should be eligible for cancellation of removal, adjustment to permanent resident status on a conditional basis, or other adjustment of status.

(4) DACA recipients.--Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted DACA unless the alien has engaged in conduct since the alien was granted DACA that would make the alien ineligible for DACA.

(5) Application fee.--

(A) In general.--The Secretary may require an alien applying for permanent resident status on a conditional basis under this section to pay a reasonable fee that is commensurate with the cost of processing the application.

(B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien--

(i)(I) is younger than 18 years of age;

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and

(III) is in foster care or otherwise lacking any parental or other familial support;

(ii) is younger than 18 years of age and is homeless;

(iii)(I) cannot care for himself or herself because of a serious, chronic disability; and

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or

(iv)(I) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line.

(6) Submission of biometric and biographic data.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment.

(7) Background checks.--

(A) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate--

(i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and

(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.

(B) Completion of background checks.--The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section.

(8) Medical examination.--

(A) Requirement.--An alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination.

(B) Policies and procedures.--The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A).

(9) Military selective service.--An alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act.

(1) Termination of continuous period.--Any period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).

(2) Treatment of certain breaks in presence.--

(A) In general.--Except as provided in subparagraphs (B) and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days.

(B) Extensions for extenuating circumstances.--The Secretary may extend the time periods described in subparagraph (A) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien's control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien.

(C) Travel authorized by the secretary.--Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under subparagraph

(A).

(d) Limitation on Removal of Certain Aliens.--

(1) In general.--The Secretary or the Attorney General may not remove an alien who appears prima facie eligible for relief under this section.

(2) Aliens subject to removal.--The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order.

(3) Certain aliens enrolled in elementary or secondary school.--

(A) Stay of removal.--The Attorney General shall stay the removal proceedings of an alien who--

(i) meets all the requirements under subparagraphs (A),

(B), and (C) of subsection (b)(1), subject to paragraphs (2) and (3) of such subsection;

(ii) is at least 5 years of age; and

(iii) is enrolled in an elementary school, a secondary school, or an early childhood education program.

(B) Commencement of removal proceedings.--The Secretary may not commence removal proceedings for an alien described in subparagraph (A).

(C) Employment.--An alien whose removal is stayed pursuant to subparagraph (A) or who may not be placed in removal proceedings pursuant to subparagraph (B) shall, upon application to the Secretary, be granted an employment authorization document.

(D) Lift of stay.--The Secretary or Attorney General may not lift the stay granted to an alien under subparagraph (A) unless the alien ceases to meet the requirements under such subparagraph.

(e) Exemption From Numerical Limitations.--Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status on a conditional basis under this title.

SEC. 5104. TERMS OF PERMANENT RESIDENT STATUS ON A

CONDITIONAL BASIS.

(a) Period of Status.--Permanent resident status on a conditional basis is--

(1) valid for a period of 8 years, unless such period is extended by the Secretary; and

(2) subject to termination under subsection (c).

(b) Notice of Requirements.--At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this title and the requirements to have the conditional basis of such status removed.

(c) Termination of Status.--The Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary--

(1) determines that the alien ceases to meet the requirements under paragraph (1)(C) of section 5103(b), subject to paragraphs (2) and (3) of that section; and

(2) prior to the termination, provides the alien--

(A) notice of the proposed termination; and

(B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise contest the termination.

(d) Return to Previous Immigration Status.--

(1) In general.--Except as provided in paragraph (2), an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis or applying for such status, as appropriate.

(2) Special Rule for Temporary Protected Status.--An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied and who had temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) immediately before receiving or applying for such permanent resident status on a conditional basis, as appropriate, may not return to such temporary protected status if--

(A) the relevant designation under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been terminated; or

(B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for such temporary protected status.

SEC. 5105. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT

STATUS.

(a) Eligibility for Removal of Conditional Basis.--

(1) In general.--Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien's permanent resident status granted under this title and grant the alien status as all alien lawfully admitted for permanent residence if the alien--

(A) is described in paragraph (1)(C) of section 5103(b), subject to paragraphs (2) and (3) of that section;

(B) has not abandoned the alien's residence in the United States; and

(C)(i) has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States;

(ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or

(iii) has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 5103(b)(1)(D)(iii), shall not count toward the time requirements under this clause.

(2) Hardship exception.--The Secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien--

(A) satisfies the requirements under subparagraphs (A) and

(B) of paragraph (1);

(B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and

(i) the alien has a disability;

(ii) the alien is a full-time caregiver of a minor child; or

(iii) the removal of the alien from the United States would result in extreme hardship to the alien or the alien's spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence.

(3) Citizenship requirement.--

(A) In general.--Except as provided in subparagraph (B), the conditional basis of an alien's permanent resident status granted under this title may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).

(B) Exception.--Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability.

(4) Application fee.--

(A) In general.--The Secretary may require aliens applying for lawful permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application.

(B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien--

(i)(I) is younger than 18 years of age;

(III) is in foster care or otherwise lacking any parental or other familial support;

(ii) is younger than 18 years of age and is homeless;

(iii)(I) cannot care for himself or herself because of a serious, chronic disability; and

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or

(iv)(I) during the 12-month period immediately preceding the date on which the alien files an application under this section, the alien accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line.

(5) Submission of biometric and biographic data.--The Secretary may not remove the conditional basis of an alien's permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment.

(6) Background checks.--

(A) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate--

(i) to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien's permanent resident status; and

(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis

(B) Completion of background checks.--The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien's permanent resident status.

(b) Treatment for Purposes of Naturalization.--

(1) In general.--For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence.

(2) Limitation on application for naturalization.--An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.

SEC. 5106. DOCUMENTATION REQUIREMENTS.

(a) Documents Establishing Identity.--An alien's application for permanent resident status on a conditional basis may include, as proof of identity--

(1) a passport or national identity document from the alien's country of origin that includes the alien's name and the alien's photograph or fingerprint;

(2) the alien's birth certificate and an identity card that includes the alien's name and photograph;

(3) a school identification card that includes the alien's name and photograph, and school records showing the alien's name and that the alien is or was enrolled at the school;

(4) a Uniformed Services identification card issued by the Department of Defense;

(5) any immigration or other document issued by the United States Government bearing the alien's name and photograph; or

(6) a State-issued identification card bearing the alien's name and photograph.

(b) Documents Establishing Continuous Physical Presence in the United States.--To establish that an alien has been continuously physically present in the United States, as required under section 5103(b)(1)(A), or to establish that an alien has not abandoned residence in the United States, as required under section 5105(a)(1)(B), the alien may submit documents to the Secretary, including--

(1) employment records that include the employer's name and contact information;

(2) records from any educational institution the alien has attended in the United States;

(3) records of service from the Uniformed Services;

(4) official records from a religious entity confirming the alien's participation in a religious ceremony;

(5) passport entries;

(6) a birth certificate for a child who was born in the United States;

(7) automobile license receipts or registration;

(8) deeds, mortgages, or rental agreement contracts;

(9) tax receipts;

(10) insurance policies;

(11) remittance records;

(12) rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address;

(13) copies of money order receipts for money sent in or out of the United States;

(14) dated bank transactions; or

(15) 2 or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien's continuous physical presence in the United States, that contain--

(A) the name, address, and telephone number of the affiant; and

(B) the nature and duration of the relationship between the affiant and the alien.

(c) Documents Establishing Initial Entry Into the United States.--To establish under section 5103(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including--

(1) an admission stamp on the alien's passport;

(2) records from any educational institution the alien has attended in the United States;

(3) any document from the Department of Justice or the Department of Homeland Security stating the alien's date of entry into the United States;

(4) hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization;

(5) rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address;

(6) employment records that include the employer's name and contact information;

(7) official records from a religious entity confirming the alien's participation in a religious ceremony;

(8) a birth certificate for a child who was born in the United States;

(9) automobile license receipts or registration;

(10) deeds, mortgages, or rental agreement contracts;

(11) tax receipts;

(12) travel records;

(13) copies of money order receipts sent in or out of the country;

(14) dated bank transactions;

(15) remittance records; or

(16) insurance policies.

(d) Documents Establishing Admission to an Institution of Higher Education.--To establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien--

(1) has been admitted to the institution; or

(2) is currently enrolled in the institution as a student.

(e) Documents Establishing Receipt of a Degree From an Institution of Higher Education.--To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree.

(f) Documents Establishing Receipt of High School Diploma, General Educational Development Certificate, or a Recognized Equivalent.--To establish that an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general educational development certificate recognized under State law or a high school equivalency diploma in the United States, the alien shall submit to the Secretary--

(1) a high school diploma, certificate of completion, or other alternate award;

(2) a high school equivalency diploma or certificate recognized under State law; or

(3) evidence that the alien passed a State-authorized exam, including the general educational development exam, in the United States.

(g) Documents Establishing Enrollment in an Educational Program.--To establish that an alien is enrolled in any school or education program described in section 5103(b)(1)(D)(iii), 5103(d)(3)(A)(iii), or 5105(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include--

(1) the name of the school; and

(2) the alien's name, periods of attendance, and current grade or educational level.

(h) Documents Establishing Exemption From Application Fees.--To establish that an alien is exempt from an application fee under section 5103(b)(5)(B) or 5105(a)(4)(B), the alien shall submit to the Secretary the following relevant documents:

(1) Documents to establish age.--To establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age.

(2) Documents to establish income.--To establish the alien's income, the alien shall provide--

(A) employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency;

(B) bank records; or

(C) at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work and income that contain--

(i) the name, address, and telephone number of the affiant; and

(ii) the nature and duration of the relationship between the affiant and the alien.

(3) Documents to establish foster care, lack of familial support, homelessness, or serious, chronic disability.--To establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain--

(A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate;

(B) the name, address, and telephone number of the affiant; and

(4) Documents to establish unpaid medical expense.--To establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that--

(A) bear the provider's name and address;

(B) bear the name of the individual receiving treatment; and

(C) document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien.

(i) Documents Establishing Qualification for Hardship Exemption.--To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 5105(a)(2)(C), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain--

(1) the name, address, and telephone number of the affiant; and

(2) the nature and duration of the relationship between the affiant and the alien.

(j) Documents Establishing Services in the Uniformed Services.--To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary--

(1) a Department of Defense form DD-214;

(2) a National Guard Report of Separation and Record of Service form 22;

(3) personnel records for such service from the appropriate Uniformed Service; or

(4) health records from the appropriate Uniformed Service.

(k) Documents Establishing Employment.--

In General.--An alien may satisfy the employment requirement under section 5105(a)(1)(C)(iii) by submitting records that--

(A) establish compliance with such employment requirement; and

(B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.

(2) Other Documents.--An alien who is unable to submit the records described in paragraph (1) may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including--

(A) bank records;

(B) business records;

(D) records of a labor union, day labor center, or organization that assists workers in employment;

(E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work, that contain--

(i) the name, address, and telephone number of the affiant; and

(ii) the nature and duration of the relationship between the affiant and the alien; and

(F) remittance records.

(1) Authority To Prohibit Use of Certain Documents.--If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status on a conditional basis is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.

SEC. 5107. RULEMAKING.

(a) Initial Publication.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this title in the Federal Register. Such regulations shall allow eligible individuals to immediately apply affirmatively for the relief available under section 5103 without being placed in removal proceedings.

(b) Interim Regulations.--Notwithstanding section 553 of title 5, United States Code, the regulations published pursuant to subsection (a) shall be effective, on an interim basis, immediately upon publication in the Federal Register, but may be subject to change and revision after public notice and opportunity for a period of public comment.

(c) Final Regulations.--Not later than 180 days after the date on which interim regulations are published under this section, the Secretary shall publish final regulations implementing this title.

(d) Paperwork Reduction Act.--The requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), shall not apply to any action to implement this title.

SEC. 5108. CONFIDENTIALITY OF INFORMATION.

(a) In General.--The Secretary may not disclose or use information provided in applications filed under this title or in requests for DACA for the purpose of immigration enforcement.

(b) Referrals Prohibited.--The Secretary may not refer any individual who has been granted permanent resident status on a conditional basis or who was granted DACA to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity.

(b), information provided in an application for permanent resident status on a conditional basis or a request for DACA may be shared with Federal security and law enforcement agencies--

(1) for assistance in the consideration of an application for permanent resident status on a conditional basis;

(2) to identify or prevent fraudulent claims;

(3) for national security purposes; or

(4) for the investigation or prosecution of any felony not related to immigration status.

(d) Penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.

SEC. 5109. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY

FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(b) Effective Date.--The repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009- 546).

______

SA 5530. Mrs. BLACKBURN (for herself, Mr. Cotton, Mr. Lankford, Mr. Risch, and Mr. Braun) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 VI, add the following:

SEC. 606. ACCESS TO PAY AND BENEFITS FOR MEMBERS OF NATIONAL

GUARD AND RESERVE COMPONENTS WHILE REQUESTS FOR

RELIGIOUS AND HEALTH ACCOMMODATIONS ARE

PENDING.

A member of the National Guard or another reserve component of the Armed Forces shall maintain access to pay and benefits while a request of the member for a religious or health accommodation is pending.

______

SA 5531. Mrs. BLACKBURN (for herself, Mr. Cotton, Mr. Risch, and Mr. Braun) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 589. LIMITATION ON INVOLUNTARY SEPARATION OF MEMBERS OF

ARMED FORCES BASED ON COVID-19 VACCINATION

STATUS.

A member of an active or reserve component of the Armed Forces may not be involuntarily separated from the Armed Forces based solely on the vaccination status of the member with respect to COVID-19 until the Armed Forces have achieved the end strengths authorized under section 401.

______

SA 5532. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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, insert the following:

SEC. 1254. SENSE OF CONGRESS ON INCREASING PORT AND AIRFIELD

CAPACITY OF COUNTRIES IN INDO-PACIFIC REGION.

It is the sense of Congress that, as the People's Republic of China continues to grow in influence through infrastructure (specifically infrastructure that can easily be shifted from economic to military uses), the United States International Development Finance Corporation should prioritize providing alternative financing opportunities that increase port and air field capacity of countries throughout the Indo-Pacific region that--

(1) are targets of the predatory infrastructure development scheme of the People's Republic of China; and

(2) are eligible for support provided by the Corporation under title II of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621 et seq.).

______

SA 5533. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. RECOGNITION OF SERVICE OF THE USS OKLAHOMA CITY

AND CREW.

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

(1) The USS Oklahoma City is a nuclear-powered fast attack submarine named after Oklahoma City, the capital and most populous city in Oklahoma, and is the second ship in the history of the Navy to bear that name.

(2) The motto of the USS Oklahoma City is ``The Sooner, The Better'', which is a testament to both the spirit of the people of Oklahoma City and the readiness of the 140-person crew of the USS Oklahoma City.

(3) The USS Oklahoma City was christened and launched on November 2, 1985, sponsored by Linda M. Nickles, and was commissioned for service on July 9, 1988, with Commander Kevin John Reardon as the first commanding officer of the submarine.

(4) Since the commissioning of the USS Oklahoma City, the USS Oklahoma City has traveled around the globe multiple times and has served in the Mediterranean, the Persian Gulf, the Pacific, and, most recently, Apra Harbor, Guam.

(5) In the aftermath of the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City, the crew of the USS Oklahoma City donated blood in support of the victims of the deadliest act of homegrown terrorism in the history of the United States, which resulted in the deaths of 168 individuals.

(6) The USS Oklahoma City was the first Navy submarine to transition from navigation using paper charts to an all- electronic navigation suite.

(7) On Friday, May 20, 2022, the inactivation ceremony for the USS Oklahoma City was held in Puget Sound Naval Shipyard to honor nearly 34 years of service.

(8) Throughout the career of the USS Oklahoma City, the USS Oklahoma City supported a range of missions, including anti- surface warfare, anti-submarine warfare, targeted strike missions, and intelligence, surveillance, and reconnaissance missions.

(b) Recognition of Service.--Congress recognizes the service of the Los Angeles-class attack submarine the USS Oklahoma City and the crew of the USS Oklahoma City, who served the United States with valor and bravery.

______

SA 5534. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 589. PROHIBITED EXTREMIST ACTIVITIES.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall amend Department of Defense Instruction (DoDI) 1325.06 to provide that military personnel may not actively engage in, threaten, or advocate--

(1) conduct that promotes illegal discrimination based on race, creed, color, sex, religion, ethnicity, or national origin; or

(2) conduct that threatens or advocate the use of force, violence, or criminal activity to achieve political or ideological objectives.

______

SA 5535. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1064. ENSURING RELIABLE SUPPLY OF RARE EARTH MINERALS.

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

(1) The People's Republic of China is the global leader in mining, refining, and component manufacturing of rare earth elements, producing approximately 85 percent of the world's supply between 2011 and 2017.

(2) In 2019, the United States imported an estimated 80 percent of its rare earth compounds from the People's Republic of China.

(3) On March 26, 2014, the World Trade Organization ruled that the People's Republic of China's export restraints on rare earth minerals violated its obligations under its protocol of accession to the World Trade Organization, thereby harming United States manufacturers and workers.

(4) The Chinese Communist Party has threatened to leverage the People's Republic of China's dominant position in the rare earth market to ``strike back'' at the United States.

(5) The Quadrilateral Security Dialogue is an effective partnership for reliable multilateral financing, development, and distribution of goods for global consumption, as evidenced by the Quad Vaccine Partnership announced on March 12, 2021.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the People's Republic of China's dominant share of the global rare earth mining market is a threat to the economic stability, well being, and competitiveness of key industries in the United States;

(2) the United States should reduce reliance on the People's Republic of China for rare earth minerals through--

(A) strategic investments in development projects, production technologies, and refining facilities in the United States; or

(B) in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue; and

(3) the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of rare earth minerals.

(1) In general.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the officials specified in paragraph (3), shall submit to the appropriate congressional committees a report on the work of the Trade Representative to address the national security threat posed by the People's Republic of China's control of nearly \2/3\ of the global supply of rare earth minerals.

(2) Elements.--The report required by paragraph (1) shall include--

(A) a description of the extent of the engagement of the United States with the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of rare earth minerals during the period beginning on the date of the enactment of this Act and ending on the date of the report; and

(B) a description of the plans of the President to leverage the partnership of the countries of the Quadrilateral Security Dialogue to produce a more reliable and secure global supply chain of rare earth minerals.

(3) Officials specified.--The official specified in this paragraph are the following:

(A) The Secretary of State.

(B) the Secretary of Commerce.

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

(A) the Committee on Finance, the Committee on Foreign Relations, and the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives.

______

SA 5536. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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:

Section 220 is amended to read as follows:

SEC. 220. STUDY ON FACILITATING THE DEVELOPMENT OF ELECTRIC

VEHICLE BATTERY TECHNOLOGIES FOR WARFIGHTERS.

(a) Study Required.--The Secretary of Defense shall carry conduct study to assess the feasibility and advisability of providing support to domestic battery producers, particularly those producing lithium-ion cells and battery packs--

(1) to facilitate the research and development of safe and secure battery technologies for existing as well as new or novel battery chemistry configurations;

(2) to assess existing commercial battery offerings within the marketplace for viability and utility for warfighter applications; and

(3) to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production.

(b) Requirements.--In conducting the study required by subsection (a), the Secretary shall--

(1) collect, analyze, and retain data;

(2) develop and share best practices relating to matters described in subsection (a);

(3) identify any policy or regulatory impediments inhibiting the facilitation described in paragraph (1) of subsection (a) or the transition described in paragraph (3) of such subsection; and

(4) share results from the study across the Department, and with elements of the Federal Government, including the legislative branch of the Federal Government.

______

SA 5537. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 5__. LIMITATION ON DISCHARGE FOR MEMBERS OF THE ARMED

FORCES WHO CHOOSE NOT TO RECEIVE A VACCINE FOR

COVID-19.

The Secretary of Defense may not discharge any member of the Armed Forces under conditions other than honorable solely because such member chooses not to receive a vaccine for COVID-19.

______

SA 5538. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ___. GUIDANCE CLARITY.

(a) Requirement.--Each agency, as defined in section 551 of title 5, United States Code, shall include a guidance clarity statement as described in subsection (b) on any guidance issued by that agency under section 553(b)(3)(A) of title 5, United States Code, on and after the date that is 30 days after the date on which the Director of the Office of Management and Budget issues the guidance required under subsection (c).

(b) Guidance Clarity Statement.--A guidance clarity statement required under subsection (a) shall--

(1) be displayed prominently on the first page of the document; and

(2) include the following: ``The contents of this document do not have the force and effect of law and do not, of themselves, bind the public or the agency. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.''.

(c) OMB Guidance.--Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to implement this section.

______

SA 5539. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. GOLDEN VISA TRANSPARENCY.

(a) Definitions.--In this section:

(1) Appropriate committees of congress.--The term

``appropriate committees of Congress'' means--

(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

(B) the Committee on the Judiciary of the Senate;

(D) the Select Committee on Intelligence of the Senate;

(E) the Committee on Homeland Security of the House of Representatives;

(F) the Committee on the Judiciary 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) Covered contribution.--The term ``covered contribution'' means--

(A) a monetary donation to, investment in, or any other form of direct or indirect capital transfer, including through the purchase or rental of real estate, to--

(i) the government of a foreign country; or

(ii) any person, business, or entity in such a foreign country; and

(B) a donation to, or endowment of, any activity contributing to the public good in such a foreign country.

(3) Golden visa program.--The term ``golden visa program'' means an immigration, investment, or other program of a foreign country that, in exchange for a covered contribution authorizes the individual making the covered contribution to acquire citizenship in such country or receive any other immigration benefit in the foreign country, including temporary or permanent residence that may serve as the basis for subsequent naturalization.

(4) Visa waiver program.--The term ``visa waiver program'' means the program authorized under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187).

(b) Notification Requirement for Visa Waiver Program Participant Countries That Operate Golden Visa Programs.--

(1) In general.--As a condition of continued participation in the visa waiver program, each foreign country participating in the visa waiver program that operates a golden visa program shall--

(A) not later than 90 days after the date of the enactment of this Act, provide to the Secretary of Homeland Security a description of the laws, regulations, and policies governing the golden visa program of the country, including, as applicable, such laws, regulations, and policies relating to--

(i) the physical presence of the golden visa program applicant in the country;

(ii) residence requirements;

(iii) covered contribution requirements;

(iv) security and background check procedures for applicants and intermediaries;

(v) risk management practices or measures, control systems, and oversight mechanisms;

(vi) information sharing with other foreign countries regarding application rejections;

(vii) anti-money laundering measures; and

(viii) information sharing with the tax residence of the applicant; and

(B) not later than 90 days after the date of the enactment of this Act, provide notice to the Secretary of Homeland Security and the Secretary of State of the name of each individual to whom the foreign country has ever provided citizenship, residence, or any other immigration benefit through such golden visa program before the date of the first such notice;

(C) promptly provide notice to the Secretary of Homeland Security and the Secretary of State of the name of each individual to whom the foreign country provides citizenship, residence, or any other immigration benefit through such golden visa program after the date of the first such notice; and

(D) with respect to each such individual, details regarding--

(i) any identity assumed by the individual before the individual applied for such golden visa program; and

(ii) any identity the individual has assumed since receiving such immigration benefit.

(2) Effect of noncompliance.--The Secretary of Homeland shall suspend from participation in the visa waiver program any foreign country described in paragraph (1) that does not comply with such paragraph.

(3) Procedures to ensure sanctioned individuals are not admitted or paroled into the united states.--The Secretary of Homeland Security and the Secretary of State, in consultation with the Secretary of the Treasury, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall develop procedures to ensure that an individual whose entry into the United States has been prohibited pursuant to sanctions imposed by the United States Government and who has received an immigration benefit through a foreign country's golden visa program is not admitted or paroled into the United States as a national of such foreign country.

(4) Annual report.--

(A) In general.--Not later than 1 year after the date of the enactment of this Act, and at the beginning of each fiscal year thereafter, the Secretary of Homeland Security, the Secretary of State, the Secretary of the Treasury, and the Director of National Intelligence shall jointly submit to the appropriate committees of Congress a report that--

(i) with respect to each visa waiver program participant country that operates a golden visa program, describes the laws, regulations, and policies governing the golden visa program including, as applicable, such laws, regulations, and policies with respect to--

(I) the physical presence of the golden visa program applicant in the country;

(II) residence requirements;

(III) covered contribution requirements;

(IV) security and background check procedures for applicants and intermediaries;

(V) risk management practices or measures, control systems, and oversight mechanisms;

(VI) information sharing with other foreign countries regarding application rejections;

(VII) anti-money laundering measures; and

(VIII) information sharing with the tax residence of an applicant;

(ii) includes the number of individuals whose entry into the United States has been prohibited pursuant to sanctions imposed by the United States Government and who have received an immigration benefit pursuant to a golden visa program of a visa waiver program country, disaggregated by country that granted such benefit;

(iii) with respect to each such individual, a description of the specific type of sanction to which the individual is subject;

(iv) describes the procedures developed and implemented pursuant to paragraph (3); and

(v) includes an intelligence assessment of national security and criminal threats posed by the use of golden visa programs by foreign nationals and by United States citizens.

(B) Form.--Each report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(c) Modifications to Visa Waiver Program.--Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended--

(1) in paragraph (2), by adding at the end the following:

``(H) Operation of golden visa program.--Not later than 90 days after the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, no country that operates a golden visa program may be designated as a program country unless the country submits, as a condition of its participation, the information described in section 1077(b)(1) of such Act.'';

(2) in paragraph (5)--

(A) in subparagraph (A)(i)--

(i) in subclause (IV), by striking ``; and'' and inserting a semicolon;

(ii) by redesignating subclause (V) as subclause (VI); and

(iii) by inserting after subclause (IV) the following:

``(V) shall evaluate whether the program country operates a golden visa program and, as applicable, whether the program country has complied with the requirements of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023; and'';

(B) by redesignating subparagraph (C) as subparagraph (D);

``(C) Terminations relating to golden visa programs.--

``(i) In general.--The Secretary of Homeland Security shall immediately terminate the designation of a program country if the country--

``(I) establishes a golden visa program (or in the case of a program country with an existing golden visa program, modifies the golden visa program or the terms and conditions of the golden visa program) without providing to the Secretary the information described in section 1077(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023;

``(II) refuses to provide such information; or

``(III) provides such information but the information is of insufficient quality, as determined by the Secretary.

``(ii) Redesignation.--With respect to a country the designation of which has been terminated under this subparagraph, the Secretary of Homeland Security may redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), if the Secretary of Homeland Security, in consultation with the Secretary of State, determines that--

``(I) the country--

``(aa) has resumed sharing the information described in section 1077(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023; and

``(bb) has shared such information that was withheld before the date of termination and such information that has accumulated since that date; and

``(II) the quality of such information is sufficient, as determined by the Secretary of Homeland Security.''; and

(D) in subparagraph (D)(i), as redesignated, by striking

``subparagraph (A) or (B)'' and inserting ``subparagraph (A),

(B), or (C)''; and

(3) in paragraph (11)(C)--

(A) in clause (iv), by striking ``; and'' and inserting a semicolon;

(B) in clause (v), by striking the period at the end and inserting ``; and''; and

``(vi) with respect to a subject country that operates a golden visa program--

``(I) an assessment of any threat posed by the golden visa program;

``(II) recommendations to mitigate any such threat; and

``(III) an assessment of the quality of the subject country's information sharing relating to the golden visa program.''; and

(4) by adding at the end the following:

``(13) Definition of golden visa program.--In this subsection, the term `golden visa program' has the meaning given such term in section 1077(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.''.

______

SA 5540. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ___. REQUIREMENT TO POST A 100 WORD SUMMARY TO

REGULATIONS.GOV.

Section 553(b) of title 5, United States Code, is amended--

(1) in paragraph (2), by striking ``and'' at the end;

(2) in paragraph (3), by striking the period at the end and inserting ``; and''; and

(3) by inserting after paragraph (3) the following:

``(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note)

(commonly known as regulations.gov).''.

______

SA 5541. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 322. PRODUCTION AND USE OF NATURAL GAS AT MCALESTER ARMY

AMMUNITION PLANT.

(a) Authority.--

(1) In general.--Notwithstanding section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352), the Secretary of the Army may--

(A) produce any natural gas located within land under the geographic footprint of the McAlester Army Ammunition Plant

(referred to in this Act as ``MCAAP''); and

(B) treat, manage, and use the natural gas produced pursuant to subparagraph (A).

(2) Contract authority.--To carry out any authority described in paragraph (1), the Secretary of the Army may enter into a contract with an entity determined appropriate by the Secretary.

(b) Royalties to the State of Oklahoma.--

(1) Value of royalties.--Beginning after the date of enactment of this Act, as soon as practicable after the end of each calendar year, the Secretary of the Interior shall provide to the Secretary of the Army, for natural gas produced at MCAAP pursuant to subsection (a) during that calendar year, information on the amount of royalty payments that the State of Oklahoma would have received under the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) if the natural gas had been produced pursuant to a lease issued under that Act.

(2) Access to information.--On request of the Secretary of the Interior, the Secretary of the Army shall promptly provide all information, documents, and other materials the Secretary of the Interior considers necessary to calculate the amount of royalty payments under paragraph (1).

(3) Payments; disbursements.--

(A) Payments to treasury.--On receipt of the information from the Secretary of the Interior under paragraph (1) each calendar year, the Secretary of the Army shall deposit in the Treasury of the United States an amount equal to the amount of the royalty payments calculated under that paragraph.

(B) Disbursements to oklahoma.--The Secretary of the Interior shall disburse to the State of Oklahoma an amount equal to the amount deposited in the Treasury of the United States by the Secretary of the Army pursuant to subparagraph

(A) as though the amounts were being disbursed to the State under section 6 of the Mineral Leasing Act for Acquired Lands

(30 U.S.C. 355).

(4) Waiver authority.--On receipt of written notice from the Governor of Oklahoma consenting to the waiver of any of the requirements of paragraphs (1) through (3), the Secretary of the Interior may waive that requirement.

(1) In general.--The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a)(2) in accordance with the terms of such contract.

(2) Responsibility.--With respect to a natural gas well installed on MCAAP and subject to this Act, the Secretary of the Interior shall have no responsibility for--

(A) the plugging, abandonment, or reclamation of such well; or

(B) any environmental damage caused by or associated with the production of such well.

(d) Limitation on Uses.--Natural gas produced pursuant to subsection (a) may be used only to support activities and operations at MCAAP.

(e) Safety Standards for Gas Wells.--

(1) In general.--A natural gas well installed on MCAAP and subject to this Act shall meet the same technical installation and operating standards required for a natural gas well installed under a lease issued pursuant to the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), including--

(A) the gas measurement requirements under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.); and

(B) the operational standards required by the Bureau of Land Management pursuant to part 3160 of title 43, Code of Federal Regulations (or a successor regulation).

(2) Compliance.--With respect to a natural gas well installed on MCAAP and subject to this Act--

(A) the Bureau of Land Management shall--

(i) ensure compliance by the Secretary of the Army with the standards described in paragraph (1); and

(ii) report any violations of the standards to the Secretary of the Army; and

(B) the Secretary of the Army shall take such actions as are necessary to bring the well into compliance with such standards.

______

SA 5542. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ___. CRITERIA FOR GRANTING DIRECT-HIRE AUTHORITY TO

AGENCIES.

Section 3304(a)(3)(B) of title 5, United States Code, is amended by striking ``shortage of candidates'' and all that follows through ``highly qualified candidates)'' and inserting ``shortage of highly qualified candidates''.

______

SA 5543. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ____. APPOINTMENT OF MILITARY SPOUSES.

Section 3330d of title 5, United States Code, is amended--

(1) in subsection (a)--

(A) by redesignating paragraph (3) as paragraph (4); and

(B) by inserting after paragraph (2) the following:

``(3) The term `remote work' refers to a work flexibility arrangement under which an employee--

``(A) is not expected to physically report to the location from which the employee would otherwise work, considering the position of the employee; and

``(B) performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite--

``(i) other than the location from which the employee would otherwise work;

``(ii) that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and

``(iii) that is typically the residence of the employee.'';

(2) in subsection (b)--

(A) in paragraph (1), by striking ``or'' at the end;

(B) in paragraph (2), by striking the period at the end and inserting ``; or''; and

``(3) a spouse of a member of the Armed Forces who is on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which that spouse will engage in remote work.''; and

(3) in subsection (c)(1), by striking ``subsection (a)(3)'' and inserting ``subsection (a)(4)''.

______

SA 5544. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 VI, add the following:

SEC. 606. TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL FOR

MEDICAL CARE.

Section 453 of title 37, United States Code, is amended by adding at the end the following new subsection:

``(h) Travel Away From Duty Station for Medical Care.--A member of the uniformed services, or a family member of such a member, who travels to obtain medical care not provided at the duty station of the member may be provided travel and transportation allowances to the extent provided in regulations prescribed under section 464 of this title.''.

______

SA 5545. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1276. SECURITY COOPERATION ACTIVITIES AT COUNTER-UAS

TRAINING ACADEMY.

(a) Sense of Congress.--Congress--

(1) supports the Department of Defense's decision to establish the Counter-UAS Training Academy at Fort Sill, Oklahoma (in this section referred to as the ``C-UAS Academy'');

(2) believes the C-UAS Academy will play an important role in synchronizing training on counter-drone tactics across the military services;

(3) recognizes the important role of the C-UAS Academy in the military education and training of foreign partners on counter-unmanned aircraft systems operations; and

(4) encourages the Department of Defense to utilize the C- UAS Academy to expand such efforts.

(b) Briefing on Security Cooperation Efforts.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on how the Department of Defense intends to bolster security cooperation activities with allies and partners at the C-UAS Academy, including an identification of any shortfalls in resourcing or gaps in authorities that could inhibit these security cooperation efforts.

______

SA 5546. Mr. LANKFORD (for himself, Mr. Romney, Mr. Cornyn, and Mr. Lee) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XI, add the following:

SEC. 1115. 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 5547. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. SOCIOECONOMIC LABOR THRESHOLD FOR THE SERVICE

CONTRACT ACT.

(a) Socioeconomic Labor Threshold.--

(1) In general.--For purposes of this section, the socioeconomic labor threshold is--

(A) for the period beginning on the date of enactment of this Act and ending on October 1 following such date of enactment, the amount determined by the Secretary of Labor under paragraph (2)(A); and

(B) for each 1-year period beginning on October 1 following such date of enactment, the amount determined by the Secretary of Labor under paragraph (2)(B).

(2) Inflation adjustments.--

(A) Initial period.--The amount determined under this paragraph for the period described in paragraph (1)(A) shall be $2,500 as--

(i) increased by the percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, comparing--

(I) such Consumer Price Index for October of 1965; and

(II) such Consumer Price Index for the most recent month as of the date of enactment of this Act for which such Consumer Price Index is available; and

(ii) (if applicable), rounded to the nearest multiple of

$100.

(B) Subsequent periods.--

(i) In general.--The amount determined under this subparagraph for the applicable period described in paragraph

(1)(B) shall be the amount in effect on the date of such determination as--

(I) increased (if applicable) from such amount by the annual percentage increase, if any, in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, from the preceding year as calculated in accordance with clause (ii); and

(II) (if applicable) rounded to the nearest multiple of

$100.

(ii) Consumer price index.--In making the determination under clause (i) and calculating the percentage increase in the Consumer Price Index for All Urban Consumers under clause

(i)(I), the Secretary of Labor shall compare the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the calendar year in which such determination is made with the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the preceding calendar year.

(iii) Rule of construction.--With respect to a determination under clause (i) of the amount in effect under this paragraph for an applicable period under paragraph

(1)(B), if there is not an annual percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average) from the preceding year as described in clause (i)(I), the amount in effect under this paragraph for such applicable period shall be the amount in effect under paragraph (1) on the date of such determination.

(b) Amendments to the McNamara-O'Hara Service Contract Act.--

(1) Definition.--Section 6701 of title 41, United States Code, is amended--

(A) by redesignating paragraph (4) as paragraph (5); and

(B) by inserting after paragraph (3) the following:

``(4) Socioeconomic labor threshold.--The term

`socioeconomic labor threshold' means the socioeconomic labor threshold established under section 1077(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.''.

(2) Applicability threshold.--Section 6702(a)(2) of title 41, United States Code, is amended to read as follows:

``(2) involves an amount exceeding--

``(A) for contracts and bid specifications made prior to the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, $2,500; and

``(B) for contracts and bid specifications made on or after such date of enactment, the socioeconomic labor threshold.''.

______

SA 5548. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ___. FLEXIBILITY FOR TEMPORARY AND TERM APPOINTMENTS.

(a) Temporary and Term Appointments.--Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:

``Sec. 3117. Temporary and term appointments

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

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

``(2) Temporary appointment.--The term `temporary appointment' means an appointment in the competitive service for a period of not more than 1 year.

``(3) Term appointment.--The term `term appointment' means an appointment in the competitive service for a period of more than 1 year and not more than 5 years.

``(b) Appointment.--

``(1) In general.--The head of an Executive agency may make a temporary appointment or term appointment to a position in the competitive service when the need for the services of an employee in the position is not permanent.

``(2) Extension.--Under conditions prescribed by the Director, the head of an Executive agency may--

``(A) extend a temporary appointment made under paragraph

(1) in increments of not more than 1 year each, up to a maximum of 3 total years of service; and

``(B) extend a term appointment made under paragraph (1) in increments determined appropriate by the head of the Executive agency, up to a maximum of 6 total years of service.

``(c) Appointments for Critical Hiring Needs.--

``(1) In general.--Under conditions prescribed by the Director, the head of an Executive agency may make a noncompetitive temporary appointment, or a noncompetitive term appointment for a period of not more than 18 months, to a position in the competitive service for which a critical hiring need exists, as determined under section 3304, without regard to the requirements of sections 3327 and 3330.

``(2) No extensions.--An appointment made under paragraph

(1) may not be extended.

``(d) Regulations.--

``(1) In general.--Subject to paragraph (2), the Director may prescribe regulations to carry out this section.

``(2) Application.--Any regulations prescribed by the Director for the administration of this section shall not apply to the Secretary of Defense in the exercise of the authorities granted under section 1105 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2447).

``(e) Special Provision Regarding the Department of Defense.--Nothing in this section shall preclude the Secretary of Defense from making temporary and term appointments in the competitive service pursuant to section 1105 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2447).

``(f) Rule of Construction.--Nothing in this section may be construed to affect the authorities granted under section 3109.''.

(b) Conforming Amendment.--The table of sections for subchapter I of chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3116 the following:

``3117. Temporary and term appointments.''.

______

SA 5549. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 2867.

______

SA 5550. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. EXPEDITED HIRING AUTHORITY.

(a) Expedited Hiring Authority for College Graduates.-- Section 3115(e)(1) of title 5, United States Code, is amended by striking ``15 percent'' and inserting ``25 percent''.

(b) Expedited Hiring Authority for Post-secondary Students.--Section 3116(d)(1) of title 5, United States Code, is amended by striking ``15 percent'' and inserting ``25 percent''.

______

SA 5551. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 564. REPORT ON STATUS OF RELIGIOUS FREEDOM EDUCATION AND

TRAINING.

(a) In General.--Not later than 30 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 implementation of the training for all components of the Armed Forces required by Department of Defense Instruction (DoDI) 1300.17, entitled

``Religious Liberty in the Military Services'' and issued on September 1, 2020.

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

(1) A copy of the educational materials for each military service.

(2) A description, disaggregated by military service, of--

(A) the number of trainings that have been conducted pursuant to DoDI 1300.17;

(B) the number of members of the Armed Forces who have received the training; and

______

SA 5552. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ___. NONCOMPETITIVE ELIGIBILITY FOR HIGH-PERFORMING

CIVILIAN EMPLOYEES.

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

(1) the term ``competitive service'' has the meaning given the term in section 2102 of title 5, United States Code; and

(2) the term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code.

(b) Regulations.--Under such regulations as the Director of the Office of Personnel Management shall issue, an Executive agency may noncompetitively appoint, for other than temporary employment, to a position in the competitive service any individual who--

(1) is certified by the Director as having been a high- performing employee in a former position in the competitive service;

(2) has been separated from the former position described in paragraph (1) for less than 6 years; and

(3) is qualified for the new position in the competitive service, as determined by the head of the Executive agency making the noncompetitive appointment.

(d) Designation of High-performing Employees.--The Director of the Office of Personnel Management shall, in the regulations issued under subsection (b), set forth the criteria for certifying an individual as a ``high-performing employee'' in a former position, which shall be based on--

(1) the final performance appraisal of the individual in that former position; and

(2) a recommendation by the immediate or other supervisor of the individual in that former position.

______

SA 5553. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 III, add the following:

SEC. 389. LIMITATION ON USE OF FUNDS TO MAINTAIN OR ESTABLISH

COMPUTER NETWORKS.

(a) In General.--Except as provided in subsection (b), none of the funds made available under this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b) Exception for Law Enforcement and Victim Assistance.-- Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other activity relating to law enforcement or victim assistance.

______

SA 5554. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 end of subtitle E of title X, add the following:

SEC. 1052. PORT MAINTENANCE.

(a) In General.--Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C. 211(o)) is amended--

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following:

``(3) Port maintenance.--

``(A) Procedures.--

``(i) In general.--Subject to subparagraphs (B) and (C), the Commissioner, in consultation with the Administrator of the General Services Administration--

``(I) shall establish procedures by which U.S. Customs and Border Protection may conduct maintenance and repair projects costing not more than $300,000 at any Federal Government- owned port of entry where the Office of Field Operations performs any of the activities described in subparagraphs (A) through (G) of subsection (g)(3); and

``(II) is authorized to perform such maintenance and repair projects, subject to the procedures described in clause (ii).

``(ii) Procedures described.--The procedures established pursuant to clause (i) shall include--

``(I) a description of the types of projects that may be carried out pursuant to clause (i); and

``(II) the procedures for identifying and addressing any impacts on other tenants of facilities where such projects will be carried out.

``(iii) Publication of procedures.--All of the procedures established pursuant to clause (i) shall be published in the Federal Register.

``(iv) Rule of construction.--The publication of procedures under clause (iii) shall not impact the authority of the Commissioner to update such procedures, in consultation with the Administrator, as appropriate.

``(B) Limitation.--The authority under subparagraph (A) shall only be available for maintenance and repair projects involving existing infrastructure, property, and capital at any port of entry described in subparagraph (A).

``(C) Annual adjustments.--The Commissioner shall annually adjust the amount described in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of June preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year.

``(D) Rule of construction.--Nothing in this paragraph may be construed to affect the availability of funding from--

``(i) the Federal Buildings Fund established under section 592 of title 40, United States Code;

``(ii) the Donation Acceptance Program established under section 482; or

``(iii) any other statutory authority or appropriation for projects described in subparagraph (A).''.

(b) Reporting.--

(1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes the elements described in paragraph (2).

(2) Elements.--The report required under paragraph (1) shall include--

(A) a summary of all maintenance projects conducted pursuant to section 411(o)(3) of the Homeland Security Act of 2002, as added by subsection (a) during the prior fiscal year;

(B) the cost of each project referred to in subparagraph

(A);

(D) any budgetary transfers, if applicable, that funded each such project.

(c) Technical Amendment.--Section 422(a) of the Homeland Security Act of 2002 (6 U.S.C. 232(a)) is amended by inserting ``section 411(o)(3) of this Act and'' after

``Administrator under''.

______

SA 5555. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 XI, insert the following:

SEC. ___. MAKING PERMANENT THE DIRECT HIRE AUTHORITY FOR

DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES,

THE MAJOR RANGE AND TEST FACILITIES BASE, AND

THE OFFICE OF THE DIRECTOR OF OPERATIONAL TEST

AND EVALUATION.

(a) Codification of Section 1125 of FY 2017 NDAA.--Chapter 81 of title 10, United States Code, is amended by adding at the end a new section consisting of--

(1) a heading as follows:

``Sec. 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test

Facilities Base, and the Office of the Director of

Operational Test and Evaluation''; and

(2) a text consisting of the text of section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.).

(b) Conforming Amendments in Connection With Codification.--Section 1599j of title 10, United States Code, as added by subsection (a), is amended--

(1) in subsection (a)--

(A) by striking ``During each of fiscal years 2017 through 2025, the Secretary'' and inserting ``The Secretary''; and

(B) by striking ``United States Code,''; and

(2) in subsection (b)--

(A) by striking ``During fiscal years 2017 through 2021, the Secretary'' and inserting ``The Secretary''; and

(B) by striking ``United States Code,''.

(c) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by adding at the end the following new item:

``1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and

Evaluation.''.

(d) Conforming Repeal.--Section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is repealed.

______

SA 5556. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 end of subtitle B of title VIII, add the following:

SEC. 829. IMPLEMENTATION OF TRAFFICKING IN CONTRACTING

PROVISIONS.

(a) Requirement to Refer Violations to Agency Suspension and Debarment Official.--Section 1704(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 22 U.S.C. 7104b(c)(1)) is amended--

(1) by inserting ``refer the matter to the agency suspension and debarment official and'' before ``consider taking one of the following actions''; and

(2) by striking subparagraph (G).

(b) Report on Implementation of Trafficking in Contracting Provisions.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on implementation of title XVII of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2092).

______

SA 5557. Mr. DAINES submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION

CONTAINED IN VESSEL MANIFESTS.

(a) In General.--Paragraph (2) of section 431(c) of the Tariff Act of 1930 (19 U.S.C. 1431(c)) is amended to read as follows:

``(2)(A) The information listed in paragraph (1) shall not be available for public disclosure if--

``(i) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or

``(ii) the information is exempt under the provisions of section 552(b)(1) of title 5, United States Code.

``(B) The Secretary shall ensure that any personally identifiable information, including Social Security numbers and passport numbers, is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is provided to the public.''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act.

______

SA 5558. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 5__. OPPORTUNITY TO COMPLETE 20 YEARS OF SERVICE FOR

MEMBERS OF THE ARMED FORCES WHO HAVE NOT

RECEIVED A VACCINE FOR COVID-19.

The Secretary of Defense shall permit any member of the Armed Forces who has reached or exceeded 18 years of satisfactory service in the Armed Forces the opportunity to complete 20 years of satisfactory service if--

(1) the member has not received a vaccine for COVID-19; and

(2) the Secretary is unable to provide clear and convincing evidence that there is a reason not to permit the member to complete such service other than the fact that member has not received such vaccine.

______

SA 5559. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ____. USE OF SCIENTIFIC INFORMATION IN RULEMAKING.

Section 553 of title 5, United States Code, is amended by adding at the end the following:

``(f) To the extent that an agency makes a decision based on science when issuing a rule under this section, the agency shall use scientific information, technical procedures, measures, methods, protocols, methodologies, or models, employed in a manner consistent with the best available science, and shall consider as applicable--

``(1) the extent to which the scientific information, technical procedures, measures, methods, protocols, methodologies, or models employed to generate the information are reasonable for and consistent with the intended use of the information;

``(2) the extent to which the information is relevant for use by the head of the agency in making a decision related to issuing the rule;

``(3) the degree of clarity and completeness with which the data, assumptions, methods, quality assurance, and analyses employed to generate the information are documented;

``(4) the extent to which the variability and uncertainty in the information, or in the procedures, measures, methods, protocols, methodologies, or models, are evaluated and characterized; and

``(5) the extent of independent verification or peer review of the information or of the procedures, measures, methods, protocols, methodologies, or models.

``(g) An agency shall make a decision described in subsection (f) based on the weight of the scientific evidence.

``(h) Each agency shall make available to the public--

``(1) all notices, determinations, findings, rules, consent agreements, and orders of the head of the agency in connection with a rule;

``(2) a nontechnical summary of each risk evaluation conducted in connection with a rule; and

``(3) a list of the studies considered by the agency in carrying out each risk evaluation described in paragraph (2), along with a description of the results of those studies.''.

______

SA 5560. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 end of title XII, add the following:

Subtitle G--Belt and Road Initiative Oversight

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the ``Belt and Road Oversight Act''.

SEC. 1282. COUNTRY CHINA OFFICER.

(a) Designation.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall direct all Chiefs of Mission to designate not fewer than 1 Foreign Service Officer in a United States embassy or other diplomatic post in each country with whom the United States has diplomatic relations as the Country China Officer.

(b) Duties.--Each Country China Officer shall monitor and report on the activity of the People's Republic of China in his or her country of responsibility, including capital investment in critical infrastructure and other projects associated with the Belt and Road Initiative.

SEC. 1283. COMPREHENSIVE REVIEW OF BELT AND ROAD INITIATIVE

PROJECTS.

(a) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall direct all United States embassies to prepare a report that details equity and assets within their country of operation that are controlled by the Government of the People's Republic of China. Each such report shall be prepared by a Country China Officer designated pursuant to section 1282(a) and shall include the information described in subsection (b).

(b) Contents.--Each report required under subsection (a) shall include--

(1) an assessment of the respective country's overall debt obligations to the People's Republic of China;

(2) a list of known infrastructure projects in the respective country that are financed from capital provided by--

(A) the banking system of the People's Republic of China, including--

(i) policy banks, including--

(I) the China Development Bank;

(II) the Export-Import Bank of China; and

(III) the Agricultural Development Bank of China;

(ii) state-owned commercial banks, including--

(I) the Industrial and Commercial Bank of China;

(II) the Agricultural Bank of China;

(III) the China Construction Bank;

(IV) the Bank of Communications Limited; and

(V) the Bank of China;

(iii) sovereign wealth funds, including--

(I) the China Investment Corporation;

(II) China Life Insurance Company;

(III) the China National Social Security Fund; and

(IV) the Silk Road Fund;

(iv) urban commercial banks; and

(v) rural financial institutions; and

(B) international financing institutions, including--

(i) the World Bank Group;

(ii) the Asian Development Bank;

(iii) the Asian Infrastructure Investment Bank; and

(iv) the New Development Bank; and

(3) the identification of the infrastructure projects referred to in paragraph (2) that are projects under the Belt and Road Initiative;

(4) any domestic vulnerabilities that the debts referred to in paragraph (1) could exacerbate in the respective country;

(5) a list of the known or speculated collateral listed by the respective country for the debts incurred by Belt and Road Initiative projects referred to in paragraph (2); and

(6) a list of the known or speculated assets owned by People's Republic of China entities, including telecommunications and critical infrastructure.

(1) Initial submission.--Not later than 1 year after the date on which the Secretary of State issues the directive described in subsection (a), the Chief of Mission in each country shall submit the report required under subsection (a) to the Under Secretary of State for Political Affairs.

(2) Distribution.--The Under Secretary shall prepare and distribute a report that includes all of the information from the individual country reports received pursuant to paragraph

(1) to--

(A) the heads of other Bureaus and agencies of the Department of State, as appropriate;

(B) the United States International Development Finance Corporation;

(D) the Committee on Armed Services of the Senate;

(E) the Select Committee on Intelligence of the Senate;

(F) the Committee on Finance of the Senate;

(G) the Committee on Foreign Affairs of the House of Representatives;

(H) the Committee on Armed Services of the House of Representatives;

(I) the Permanent Select Committee on Intelligence of the House of Representatives; and

(J) the Committee on Ways and Means of the House of Representatives.

SEC. 1284. NOTIFICATION OF FUTURE BELT AND ROAD INITIATIVE

PROJECTS.

After the reports required under section 1283 have been prepared and submitted, the Secretary of State shall require that each Country China Officer notify the Chief of Mission of the respective Embassy and the China Desk at the Department of State of any project described in section 1283(b)(2) not later than 30 days after the date on which the Country China Officer is made aware of such project.

SEC. 1285. ANNUAL COMPREHENSIVE REPORT OF BELT AND ROAD

INITIATIVE PROJECTS.

(a) In General.--In addition to the reports required under section 1283 and the notifications required under section 1284, each Country China Officer shall submit an annual report to the Under Secretary of State for Political Affairs, through the Chief of Mission that contains all of findings relating to Belt and Road Initiative projects described in section 1283(b)(2) in the respective country during the 12- month reporting period.

(b) Distribution.--The Under Secretary shall prepare and distribute an annual report containing all of the information from the reports received pursuant to subsection (a) to the recipients described in section 1283(c)(2).

SEC. 1286. ANNUAL STRATEGY TO COUNTER THE INFLUENCE OF THE

PEOPLE'S REPUBLIC OF CHINA.

(a) In General.--The Country China Officer at each respective embassy, in consultation with the Chief of Mission for the respective country, shall develop a comprehensive, country-specific strategy to counter the influence of the People's Republic of China within their country of responsibility.

(b) Use of Strategy.--The strategy developed pursuant to subsection (a) shall be used to equip all personnel across all embassies, consulates, and other diplomatic posts in the respective country of responsibility to effectively counter the influence of the People's Republic of China in their respective context and country of responsibility.

(c) Submission.--The Chief of Mission shall submit an annual report to the Under Secretary of State for Political Affairs that--

(1) describes the implementation of the strategy developed pursuant to subsection (a) during the reporting period; and

(2) assesses specific challenges and opportunities relating to the People's Republic of China in the respective country of responsibility.

(d) Distribution.--The Under Secretary shall submit an annual report that summarizes the information contained in the reports received pursuant to subsection (c) to the heads of the Bureaus of the Department of State, as appropriate.

SEC. 1287. PROCUREMENT PROJECTIONS.

(a) Annual Report.--The Country China Officer at each respective embassy, in consultation with other embassy personnel, shall submit an annual report to the Under Secretary of State for Political Affairs that--

(1) describes the procurement and infrastructure needs of their respective country of responsibility; and

(2) assesses specific challenges and opportunities relating to potential financing by the People's Republic of China for procurement and infrastructure projects to meet such needs.

(b) Distribution.--The Under Secretary shall submit an annual report that summarizes the information contained in the reports received pursuant to subsection (a) to--

(1) the heads of the Bureaus of the Department of State, as appropriate; and

(2) the United States International Development Finance Corporation.

SEC. 1288. SENSE OF CONGRESS REGARDING DEVELOPMENT FINANCE.

It is the sense of Congress that, as the People's Republic of China's influence grows through infrastructure

(particularly infrastructure that can easily be shifted from economic to military uses), the United States International Development Finance Corporation should prioritize providing alternative financing opportunities that increase port and air field capacity of countries that--

(1) meet the investment criteria set forth in the BUILD Act of 2018 (division F of Public Law 115-254); and

(2) are targets of the predatory infrastructure development scheme of the People's Republic of China commonly known as the Belt and Road Initiative.

______

SA 5561. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ___. BLENDED FEDERAL WORKFORCE.

(a) In General.--Section 1103(c) of title 5, United States Code, is amended--

(1) in paragraph (1)--

(A) by striking ``(c)(1)'' and inserting ``(c)(1)(A)''; and

(B) by adding at the end the following:

``(B)(i) The Office of Personnel Management shall collect from Executive agencies, other than elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))), on at least an annual basis the following:

``(I) The total number of persons employed directly by the Executive agency.

``(II) The total number of prime contractor employees and subcontractor employees, as those terms are defined in section 8701 of title 41, issued credentials allowing access to Executive agency property or computer systems.

``(III) The total number of employees of Federal grant and cooperative agreement recipients, as those legal instruments are described in sections 6304 and 6305 of title 31, respectively, who are issued credentials allowing access to Executive agency property or computer systems.

``(IV) A total count of the workforce of the Executive agency, including employees, prime contractor employees, subcontractor employees, grantee employees, and cooperative agreement employees.

``(ii) The Office of Personnel Management shall compile the data collected under clause (i) and issue, and post on its website, an annual report containing the data.''; and

(2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''.

(b) Sense of Congress on Effective and Efficient Management of the Blended Federal Workforce.--

(1) Definition.--In this subsection, the term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code.

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

(A) The implementation of Federal laws and the competent administration of Federal programs require skilled and capable personnel.

(B) Executive agencies depend on a blended workforce that includes Federal employees, employees of prime contractors and subcontractors performing services to Executive agencies, and employees of State or local governments, nonprofit organizations, or institutions of higher education performing services to Executive agencies under the terms of grants and cooperative agreements (in this subsection referred to as

``grantees''), all of whom make essential contributions to achieving the missions of the Government in service to the people of the United States.

(C) Approximately 2,000,000 Federal employees help to execute the laws of the United States, supplemented by an unknown number, estimated to exceed 5,000,000, of employees of prime contractors, subcontractors, and grantees providing services to Executive agencies.

(D) Policymakers, Executive agencies, and observers have often focused on individual components of the blended workforce, such as employees, without considering all components or considering the entire blended workforce and how all 3 components can work most effectively together.

(E) Executive agencies inhibit their own workforce planning and risk making decisions that may reduce the overall efficiency and cost effectiveness of the blended workforce by focusing on only 1 component in isolation.

(F) Establishing artificial limits on headcounts or full- time equivalent positions for Federal employees, administrators, and managerial employees of Executive agencies may discourage the employment of interns or entry- level employees to build a balanced employment pipeline and may inadvertently encourage managers to shift work to contractors and grantees for the purpose of complying with such numerical limits, even if those decisions are not justified by an approach to improve the efficiency or cost effectiveness of the Executive agency's work.

(G) The Government Accountability Office has identified strategic human capital management as a high-risk area for the Federal Government, adding that critical skills gaps

``impede the government from cost-effectively serving the public and achieving results''.

(3) Sense of congress.--It is the sense of Congress that Executive agencies should--

(A) manage the entire Federal blended workforce, including employees, contractors, and grantees, using a comprehensive and holistic approach to advance their missions as effectively and cost efficiently as possible, within appropriated budgets and without using artificial numerical limits on headcounts or full-time-equivalent positions; and

(B) conduct a holistic review of their blended workforce and develop a comprehensive plan to ensure an efficient and cost-effective blended workforce.

______

SA 5562. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 753. CONSCIENCE PROTECTIONS FOR MEMBERS OF ARMED FORCES

WHO PROVIDE OR ASSIST WITH PROVISION OF HEALTH

CARE.

(a) In General.--The Secretary of Defense shall not take any adverse action against a member of the Armed Forces who provides or assists in the provision of health care for the Department of Defense (including as a behavioral, mental, or physical health professional) on the basis that such member declines to perform, assist, refer for, or otherwise participate in a particular medical procedure, counseling activity, or course of treatment because of a sincere religious belief or moral conviction of such member or because the particular medical procedure, counseling activity, or course of treatment would, in the professional medical judgment of such member, be harmful to the patient.

(b) No Impact on Care.--The Secretary shall ensure that no patient is unduly delayed in receiving any medically indicated care they are otherwise eligible to receive, including preventative, emergency, and routine care, because of compliance by the Secretary with subsection (a).

``adverse action'' includes any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment.

______

SA 5563. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1262. REPORT ON UNITED STATES-COLOMBIA COUNTERNARCOTICS

PARTNERSHIP.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the counternarcotics partnership between the United States and Colombia.

(b) Elements.--The report required by subsection (a) shall include the following:

(1) A strategy for the Department to enhance coordination with and support for the Comandos Jungla Antinarcoticos, including through training with United States Special Forces, also known as the Green Berets.

(2) An evaluation of the success, as of the date on which the report is submitted, of the support provided by the Department for the efforts of the Policia National de Colombia to conduct counternarcotics operations, eradicate and seize cocaine and coca base, and train police in rural security positions.

______

SA 5564. Mr. BLUNT (for himself, Mr. Durbin, Mr. Cotton, Ms. Hirono, and Mr. Ossoff) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 XII, add the following:

SEC. 1214. ESTABLISHMENT OF JOINT TRAINING PIPELINE BETWEEN

UNITED STATES NAVY AND ROYAL AUSTRALIAN NAVY.

(a) Sense of Congress.--It is the sense of Congress that--

(1) the AUKUS partnership between Australia, the United Kingdom, and the United States presents a significant opportunity to enhance security cooperation in the Indo- Pacific region;

(2) parties to the AUKUS partnership should work expeditiously to implement a strategic roadmap to successfully deliver capabilities outlined in the agreement;

(3) the United States should engage with industry partners to develop a comprehensive understanding of the requirements needed to increase capacity and capability;

(4) Australia should continue to expand its industrial base to support production and delivery of future capabilities;

(5) the delivery of a nuclear-powered submarine to the Government of Australia would require the appropriate training and development of future commanding officers to operate such submarines for the Royal Australian Navy; and

(6) in order to uphold the stewardship of the Naval Nuclear Propulsion Program, the Secretary of Defense should work to coordinate an exchange program to integrate and train Australian sailors for the operation and maintenance of nuclear-powered submarines.

(b) Exchange Program.--The Secretary of Defense, in consultation with the Secretary of Energy, shall carry out an exchange program for Australian submarine officers during 2023 and each subsequent year. Under the program, each year, two Australian submarine officers shall be selected to participate in the program. Each such participant shall--

(1) receive training in the Navy Nuclear Propulsion School;

(2) following such training and by not later than July 1 of the year of participation, enroll in the Submarine Office Basic Course; and

(3) following completion of such course, be assigned to duty on an operational United States submarine at sea.

(c) Report.--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 a notional exchange program for Australian submarine officers that includes initial, follow-on, and recurring training that could be provided to Australian submarine officers in order to prepare such officers for command of nuclear-powered Australian submarines.

______

SA 5565. Mr. BLUNT (for himself and Mr. Wyden) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. ___. LOW POWER TV STATIONS.

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

(1) the term ``Commission'' means the Federal Communications Commission;

(2) the term ``Designated Market Area'' means--

(A) a Designated Market Area determined by Nielsen Media Research or any successor entity; or

(B) a Designated Market Area under a system of dividing television broadcast station licensees into local markets using a system that the Commission determines is equivalent to the system established by Nielsen Media Research; and

(3) the term ``low power TV station'' has the meaning given the term ``digital low power TV station'' in section 74.701 of title 47, Code of Federal Regulations, or any successor regulation.

(b) Purpose.--The purpose of this section is to provide low power TV stations with a limited window of opportunity to apply for the opportunity to be accorded primary status as Class A television licensees.

(1) In general.--Not later than 90 days after the date of enactment of this Act, the Commission shall issue a notice of proposed rulemaking to issue a rule that contains the requirements described in this subsection.

(2) Requirements.--

(A) In general.--The rule with respect to which the Commission is required to issue notice under paragraph (1) shall provide that, during the 1-year period beginning on the date on which that rule takes effect, a low power TV station may apply to the Commission to be accorded primary status as a Class A television licensee under section 73.6001 of title 47, Code of Federal Regulations, or any successor regulation.

(B) Considerations.--The Commission may approve an application submitted under subparagraph (A) if the low power TV station submitting the application--

(i) satisfies--

(I) section 336(f)(2) of the Communications Act of 1934 (47 U.S.C. 336(f)(2)) and the rules issued under that section, including the requirements under such section 336(f)(2) with respect to locally produced programming, except that, for the purposes of this subclause, the period described in the matter preceding subclause (I) of subparagraph (A)(i) of such section 336(f)(2) shall be construed to be the 90-day period preceding the date of enactment of this Act; and

(II) paragraphs (b), (c), and (d) of 73.6001 of title 47, Code of Federal Regulations, or any successor regulation;

(ii) demonstrates to the Commission that the Class A station for which the license is sought will not cause any interference described in section 336(f)(7) of the Communications Act of 1934 (47 U.S.C. 336(f)(7)); and

(iii) as of the date of enactment of this Act, operates in a Designated Market Area with not more than 95,000 television households.

(3) Applicability of license.--A license that accords primary status as a Class A television licensee to a low power TV station as a result of the rule with respect to which the Commission is required to issue notice under paragraph (1) shall--

(A) be subject to the same license terms and renewal standards as a license for a full power television broadcast station, except as otherwise expressly provided in this subsection; and

(B) require the low power TV station to remain in compliance with paragraph (2)(B) during the term of the license.

(d) Reporting.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the implementation of this section, which shall include--

(1) a list of the current, as of the date on which the report is submitted, licensees that have been accorded primary status as Class A television licensees; and

(2) of the licensees described in paragraph (1), an identification of each such licensee that has been accorded the status described in that paragraph because of the implementation of this section.

(e) Rule of Construction.--Nothing in this section may be construed to affect a decision of the Commission relating to completion of the transition, relocation, or reimbursement of entities as a result of the systems of competitive bidding conducted pursuant to title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401 et seq.), and the amendments made by that title, that are collectively commonly referred to as the ``Television Broadcast Incentive Auction''.

______

SA 5566. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1276. MODIFICATIONS TO SANCTIONS WITH RESPECT TO HUMAN

RIGHTS VIOLATIONS.

(a) Sense of Congress.--

(1) In general.--The Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.) is amended by inserting after section 1262 the following:

``SEC. 1262A. SENSE OF CONGRESS.

``It is the sense of Congress that the President should establish and regularize information sharing and sanctions- related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.''.

(2) Clerical amendment.--The table of contents in section 2(b) and in title XII of division A of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) are each amended by inserting after the items relating to section 1262 the following:

``Sec. 1262A. Sense of Congress.''.

(b) Imposition of Sanctions.--

(1) In general.--Section 1263(a) of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10102) is amended by striking paragraphs (2) through (4) and inserting the following:

``(2) is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in--

``(A) corruption, including--

``(i) the misappropriation of state assets;

``(ii) the expropriation of private assets for personal gain;

``(iii) corruption related to government contracts or the extraction of natural resources; or

``(iv) bribery; or

``(B) the transfer or facilitation of the transfer of the proceeds of corruption;

``(3) is or has been a leader or official of--

``(A) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in paragraph (1) or (2) related to the tenure of the leader or official; or

``(B) an entity whose property and interests in property are blocked pursuant to this section as a result of activities related to the tenure of the leader or official;

``(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of--

``(A) an activity described in paragraph (1) or (2) that is conducted by a foreign person;

``(B) a person whose property and interests in property are blocked pursuant to this section; or

``(C) an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in paragraph (1) or (2) conducted by a foreign person; or

``(5) is owned or controlled by, or has acted or been purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section.''.

(2) Consideration of certain information.--Subsection

(c)(2) of such section is amended by inserting ``corruption and'' after ``monitor''.

(3) Requests by congress.--Subsection (d)(2) of such section is amended to read as follows:

``(2) Requirements.--A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.''.

(c) Reports to Congress.--Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10103(a)) is amended--

(1) in paragraph (5), by striking ``; and'' and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

``(7) a description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of conduct giving rise to the imposition of sanctions under this section, as amended on or after the date of the enactment of this paragraph, in each country in which foreign persons with respect to which such sanctions have been imposed are located; and

``(8) a description of additional steps taken by the President to ensure the pursuit of judicial accountability in appropriate jurisdictions with respect to foreign persons subject to sanctions under this section.''.

______

SA 5567. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 G--Combating Global Corruption

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the ``Combating Global Corruption Act of 2022''.

SEC. 1282. DEFINITIONS.

In this subtitle:

(1) Corrupt actor.--The term ``corrupt actor'' means--

(A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and

(B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption.

(2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

(3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics:

(A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance.

(B) Involves economically or socially large-scale government activities.

SEC. 1283. PUBLICATION OF TIERED RANKING LIST.

(a) In General.--The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries.

(b) Tier 1 Countries.--A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 1284.

(c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 1284, but is not achieving the requisite level of compliance to be ranked as a tier 1 country.

(d) Tier 3 Countries.--A country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 1284.

SEC. 1284. MINIMUM STANDARDS FOR THE ELIMINATION OF

CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT

CORRUPTION.

(a) In General.--The government of a country is complying with the minimum standards for the elimination of corruption if the government--

(1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption;

(2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws;

(3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and

(4) is making serious and sustained efforts to address corruption, including through prevention.

(b) Factors for Assessing Government Efforts To Combat Corruption.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as--

(1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts;

(2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption;

(3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption;

(4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials;

(5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring;

(6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect);

(7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors;

(8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others;

(9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons;

(10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption;

(11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements;

(12) whether the government of the country is facilitating corruption in other countries in connection with state- directed investment, loans or grants for major infrastructure, or other initiatives; and

(13) such other information relating to corruption as the Secretary of State considers appropriate.

(c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant:

(1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996.

(2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the

``Anti-Bribery Convention'').

(3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000.

(4) The United Nations Convention against Corruption, done at New York October 31, 2003.

(5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate.

SEC. 1285. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY

HUMAN RIGHTS ACCOUNTABILITY ACT.

(a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act

(subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)--

(1) in all countries identified as tier 3 countries under section 1283; or

(2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline.

(b) Report Required.--Not later than 180 days after publishing the list required by section 1283(a) and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (f) a report that includes--

(1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a);

(2) the dates on which such sanctions were imposed;

(3) the reasons for imposing such sanctions; and

(4) a list of all foreign persons found to have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline.

(c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.

(d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection

(f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the United States.

(e) Termination of Requirements Relating to Nord Stream 2.--The requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act.

(f) Committees Specified.--The committees specified in this subsection are--

(1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and

(2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.

SEC. 1286. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF

CONTACT.

(a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 1283, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee.

(b) Responsibilities.--Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to--

(1) promote good governance in foreign countries; and

(2) enhance the ability of such countries--

(A) to combat public corruption; and

(B) to develop and implement corruption risk assessment tools and mitigation strategies.

(c) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).

______

SA 5568. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED

OFFICIALS AT THE DEPARTMENT OF STATE.

(a) Sense of Congress.--It is the sense of Congress that--

(1) Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following government service, including with respect to senior United States officials working on behalf of foreign governments; and

(2) Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.

(b) Restrictions.--Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following:

``(m) Extended Post-employment Restrictions for Certain Senate-confirmed Officials.--

``(1) Secretary of state and deputy secretary of state.-- With respect to a person serving as the Secretary of State or Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States at any time after the termination of that person's service as Secretary or Deputy Secretary.

``(2) Under secretaries, assistant secretaries, and ambassadors.--With respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States for 3 years after the termination of that person's service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer.

``(3) Enhanced restrictions for post-employment work on behalf of certain countries of concern.--

``(A) In general.--With respect to all former officials listed in this subsection, the restrictions described in paragraphs (1) and (2) shall apply to representing, aiding, or advising a country of concern described in subparagraph

(B) before an officer or employee of the executive branch of the United States at any time after the termination of that person's service in a position described in paragraph (1) or

(2).

``(B) Countries specified.--In this paragraph, the term

`country of concern' means--

``(i) the People's Republic of China;

``(ii) the Russian Federation;

``(iii) the Islamic Republic of Iran;

``(iv) the Democratic People's Republic of Korea;

``(v) the Republic of Cuba; and

``(vi) the Syrian Arab Republic.

``(4) Penalties and injunctions.--Any violations of the restrictions in paragraphs (1) or (2) shall be subject to the penalties and injunctions provided for under section 216 of title 18, United States Code.

``(5) Definitions.--In this subsection:

``(A) Foreign government entity.--The term `foreign governmental entity' includes--

``(i) any person employed by--

``(I) any department, agency, or other entity of a foreign government at the national, regional, or local level;

``(II) any governing party or coalition of a foreign government at the national, regional, or local level; or

``(III) any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and

``(ii) in the case of a country described in paragraph

(3)(B), any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country.

``(B) Representation.--The term `representation' does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice.

``(6) Notice of restrictions.--Any person subject to the restrictions of this subsection shall be provided notice of these restrictions by the Department of State upon appointment by the President, and subsequently upon termination of service with the Department of State.

``(7) Effective date.--The restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after 120 days after the date of the enactment of this subsection.

``(8) Sunset.--The enhanced restrictions under paragraph

(3) shall expire on the date that is 7 years after the date of the enactment of this subsection.''.

______

SA 5569. Mr. TOOMEY (for himself and Mr. Cardin) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 G--Masih Alinejad HUNT Act of 2022

SEC. 1281. SHORT TITLE.

This title may be cited as the ``Masih Alinejad Harassment and Unlawful Targeting Act of 2022'' or the ``Masih Alinejad HUNT Act of 2022''.

SEC. 1282. FINDINGS.

Congress finds that the Government of the Islamic Republic of Iran surveils, harasses, terrorizes, tortures, abducts, and murders individuals who peacefully defend human rights and freedoms in Iran, and innocent entities and individuals considered by the Government of Iran to be enemies of that regime, including United States citizens on United States soil, and takes foreign nationals hostage, including in the following instances:

(1) In 2021, Iranian intelligence agents were indicted for plotting to kidnap United States citizen, women's rights activist, and journalist Masih Alinejad, from her home in New York City, in retaliation for exercising her rights under the First Amendment to the Constitution of the United States. Iranian agents allegedly spent at least approximately half a million dollars to capture the outspoken critic of the authoritarianism of the Government of Iran, and studied evacuating her by military-style speedboats to Venezuela before rendition to Iran.

(2) Prior to the New York kidnapping plot, Ms. Alinejad's family in Iran was instructed by authorities to lure Ms. Alinejad to Turkey. In an attempt to intimidate her into silence, the Government of Iran arrested 3 of Ms. Alinejad's family members in 2019, and sentenced her brother to 8 years in prison for refusing to denounce her.

(3) According to Federal prosecutors, the same Iranian intelligence network that allegedly plotted to kidnap Ms. Alinejad is also targeting critics of the Government of Iran who live in Canada, the United Kingdom, and the United Arab Emirates.

(4) In 2021, an Iranian diplomat was convicted in Belgium of attempting to carry out a 2018 bombing of a dissident rally in France.

(5) In 2021, a Danish high court found a Norwegian citizen of Iranian descent guilty of illegal espionage and complicity in a failed plot to kill an Iranian Arab dissident figure in Denmark.

(6) In 2021, the British Broadcasting Corporation (BBC) appealed to the United Nations to protect BBC Persian employees in London who suffer regular harassment and threats of kidnapping by Iranian government agents.

(7) In 2021, 15 militants allegedly working on behalf of the Government of Iran were arrested in Ethiopia for plotting to attack citizens of Israel, the United States, and the United Arab Emirates, according to United States officials.

(8) In 2020, Iranian agents allegedly kidnapped United States resident and Iranian-German journalist Jamshid Sharmahd, while he was traveling to India through Dubai. Iranian authorities announced they had seized Mr. Sharmahd in

``a complex operation'', and paraded him blindfolded on state television. Mr. Sharmahd is arbitrarily detained in Iran, allegedly facing the death penalty. In 2009, Mr. Sharmahd was the target of an alleged Iran-directed assassination plot in Glendora, California.

(9) In 2020, the Government of Turkey released counterterrorism files exposing how Iranian authorities allegedly collaborated with drug gangs to kidnap Habib Chabi, an Iranian-Swedish activist for Iran's Arab minority. In 2020, the Government of Iran allegedly lured Mr. Chabi to Istanbul through a female agent posing as a potential lover. Mr. Chabi was then allegedly kidnapped from Istanbul, and smuggled into Iran where he faces execution, following a sham trial.

(10) In 2020, a United States-Iranian citizen and an Iranian resident of California pleaded guilty to charges of acting as illegal agents of the Government of Iran by surveilling Jewish student facilities, including the Hillel Center and Rohr Chabad Center at the University of Chicago, in addition to surveilling and collecting identifying information about United States citizens and nationals who are critical of the Iranian regime.

(11) In 2019, 2 Iranian intelligence officers at the Iranian consulate in Turkey allegedly orchestrated the assassination of Iranian dissident journalist Masoud Molavi Vardanjani, who was shot while walking with a friend in Istanbul. Unbeknownst to Mr. Molavi, his ``friend'' was in fact an undercover Iranian agent and the leader of the killing squad, according to a Turkish police report.

(12) In 2019, around 1,500 people were allegedly killed amid a less than 2 week crackdown by security forces on anti- government protests across Iran, including at least an alleged 23 children and 400 women.

(13) In 2019, Iranian operatives allegedly lured Paris- based Iranian journalist Ruhollah Zam to Iraq, where he was abducted, and hanged in Iran for sedition.

(14) In 2019, a Kurdistan regional court convicted an Iranian female for trying to lure Voice of America reporter Ali Javanmardi to a hotel room in Irbil, as part of a foiled Iranian intelligence plot to kidnap and extradite Mr. Javanmardi, a critic of the Government of Iran.

(15) In 2019, Federal Bureau of Investigation agents visited the rural Connecticut home of Iran-born United States author and poet Roya Hakakian to warn her that she was the target of an assassination plot orchestrated by the Government of Iran.

(16) In 2019, the Government of Denmark accused the Government of Iran of directing the assassination of Iranian Arab activist Ahmad Mola Nissi, in The Hague, and the assassination of another opposition figure, Reza Kolahi Samadi, who was murdered near Amsterdam in 2015.

(17) In 2018, German security forces searched for 10 alleged spies who were working for Iran's al-Quds Force to collect information on targets related to the local Jewish community, including kindergartens.

(18) In 2017, Germany convicted a Pakistani man for working as an Iranian agent to spy on targets including a former German lawmaker and a French-Israeli economics professor.

(19) In 2012, an Iranian American pleaded guilty to conspiring with members of the Iranian military to bomb a popular Washington, DC, restaurant with the aim of assassinating the ambassador of Saudi Arabia to the United States.

(20) In 1996, agents of the Government of Iran allegedly assassinated 5 Iranian dissident exiles across Turkey, Pakistan, and Baghdad, over a 5-month period that year.

(21) In 1992, the Foreign and Commonwealth Office of the United Kingdom expelled 2 Iranians employed at the Iranian Embassy in London and a third Iranian on a student visa amid allegations they were plotting to kill Indian-born British American novelist Salman Rushdie, pursuant to the fatwa issued by then supreme leader of Iran, Ayatollah Ruhollah Khomeini.

(22) In 1992, 4 Iranian Kurdish dissidents were assassinated at a restaurant in Berlin, Germany, allegedly by Iranian agents.

(23) In 1992, singer, actor, poet, and gay Iranian dissident Fereydoun Farrokhzad was found dead with multiple stab wounds in his apartment in Germany. His death is allegedly the work of Iran-directed agents.

(24) In 1980, Ali Akbar Tabatabaei, a leading critic of Iran and then president of the Iran Freedom Foundation, was murdered in front of his Bethesda, Maryland, home by an assassin disguised as a postal courier. The Federal Bureau of Investigation had identified the ``mailman'' as Dawud Salahuddin, born David Theodore Belfield. Mr. Salahuddin was working as a security guard at an Iranian interest office in Washington, DC, when he claims he accepted the assignment and payment of $5,000 from the Government of Iran to kill Mr. Tabatabaei.

(25) Other exiled Iranian dissidents alleged to have been victims of the Government of Iran's murderous extraterritorial campaign include Shahriar Shafiq, Shapour Bakhtiar, and Gholam Ali Oveissi.

(26) Iranian Americans face an ongoing campaign of intimidation both in the virtual and physical world by agents and affiliates of the Government of Iran, which aims to stifle freedom of expression and eliminate the threat Iranian authorities believe democracy, justice, and gender equality pose to their rule.

SEC. 1283. DEFINITIONS.

In this title:

(1) Admission; admitted; alien.--The terms ``admission'',

``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act

(8 U.S.C. 1101).

(2) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and

(B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.

(3) Correspondent account; payable-through account.--The terms ``correspondent account'' and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code.

(4) Foreign financial institution.--The term ``foreign financial institution'' has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)).

(5) Foreign person.--The term ``foreign person'' means any individual or entity that is not a United States person.

(6) United states person.--The term ``United States person'' means--

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

SEC. 1284. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO

PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN

ABUSES TOWARD DISSIDENTS ON BEHALF OF THE

GOVERNMENT OF IRAN.

(a) Report Required.--

(1) In general.--Not later than 45 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Attorney General, shall submit to the appropriate congressional committees a report that--

(A) includes a detailed description and assessment of--

(i) the state of human rights and the rule of law inside Iran, including the rights and well-being of women, religious and ethnic minorities, and the LGBTQ community in Iran;

(ii) actions taken by the Government of Iran during the year preceding submission of the report to target and silence dissidents both inside and outside of Iran who advocate for human rights inside Iran;

(iii) the methods used by the Government of Iran to target and silence dissidents both inside and outside of Iran; and

(iv) the means through which the Government of Iran finances efforts to target and silence dissidents both inside and outside of Iran;

(B) identifies foreign persons working as part of the Government of Iran or acting on behalf of that Government

(including members of paramilitary organizations such as Ansar-e-Hezbollah and Basij-e Mostaz'afin), that the Secretary of State determines, based on credible evidence, are knowingly responsible for, complicit in or involved in ordering, conspiring, planning or implementing the surveillance, harassment, kidnapping, illegal extradition, imprisonment, torture, killing, or assassination of citizens of Iran (including citizens of Iran of dual nationality) or citizens of the United States inside or outside Iran who seek--

(i) to expose illegal or corrupt activity carried out by officials of the Government of Iran;

(ii) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections, in Iran; or

(iii) to obtain, exercise, defend, or promote the rights and well-being of women, religious and ethnic minorities, and the LGBTQ community in Iran; and

(C) includes, for each foreign person identified subparagraph (B), a clear explanation for why the foreign person was so identified.

(2) Updates of report.--The report required by paragraph

(1) shall be updated, and the updated version submitted to the appropriate congressional committees, during the 10-year period following the date of the enactment of this Act--

(A) not less frequently than annually; and

(B) with respect to matters relating to the identification of foreign persons under paragraph (1)(B), on an ongoing basis as new information becomes available.

(3) Form of report.--

(A) In general.--Each report required by paragraph (1) and each update required by paragraph (2) shall be submitted in unclassified form but may include a classified annex.

(B) Public availability.--The Secretary of State shall post the unclassified portion of each report required by paragraph

(1) and each update required by paragraph (2) on a publicly available internet website of the Department of State.

(b) Imposition of Sanctions.--In the case of a foreign person identified under paragraph (1)(B) of subsection (a) in the most recent report or update submitted under that subsection, the President shall--

(1) if the foreign person meets the criteria for the imposition of sanctions under subsection (a) of section 1263 of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10102), impose sanctions under subsection (b) of that section; and

(2) if the foreign person does not meet such criteria, impose the sanctions described in subsection (c).

(c) Sanctions Described.--The sanctions to be imposed under this subsection with respect to a foreign person are the following:

(1) Blocking of property.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) Ineligibility for visas, admission, or parole.--

(A) In general.--

(i) Visas, admission, or parole.--An alien described in subsection (a)(1)(B) is--

(I) inadmissible to the United States;

(II) ineligible to receive a visa or other documentation to enter the United States; and

(III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(ii) Current visas revoked.--

(I) In general.--The visa or other entry documentation of an alien described in subsection (a)(1)(B) shall be revoked, regardless of when such visa or other entry documentation is or was issued.

(II) Immediate effect.--A revocation under subclause (I) shall--

(aa) take effect immediately; and

(bb) automatically cancel any other valid visa or entry documentation that is in the alien's possession.

(d) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees, not later than 15 days before the termination of the sanctions that--

(1) credible information exists that the person did not engage in the activity for which sanctions were imposed;

(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; or

(3) the person has--

(A) credibly demonstrated a significant change in behavior;

(B) has paid an appropriate consequence for the activity for which sanctions were imposed; and

SEC. 1285. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO

FOREIGN FINANCIAL INSTITUTIONS CONDUCTING

SIGNIFICANT TRANSACTIONS WITH PERSONS

RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD

DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.

(a) Report Required.--

(1) In general.--Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees a report required by section 1284(a), the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report submitted under section 1284(a).

(2) Form of report.--

(A) In general.--Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

(B) Public availability.--The Secretary of the Treasury shall post the unclassified portion of each report required by paragraph (1) on a publicly available internet website of the Department of the Treasury.

(b) Imposition of Sanctions.--The Secretary of the Treasury may prohibit the opening, or prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution identified under subsection

(a)(1).

SEC. 1286. EXCEPTIONS; WAIVERS; IMPLEMENTATION.

(a) Exceptions.--

(1) Exception for intelligence, law enforcement, and national security activities.--Sanctions under sections 1284 and 1285 shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.

(2) Exception to comply with united nations headquarters agreement.--Sanctions under section 1284(c)(2) shall not apply with respect to the admission of an alien to the United States if the admission of the alien is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.

(b) National Security Waiver.--The President may waive the application of sanctions under section 1284 with respect to a person if the President--

(1) determines that the waiver is in the national security interests of the United States; and

(2) submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.

(1) Implementation.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act.

(2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of section 1284(b)(1) or 1285(b) or any regulation, license, or order issued to carry out either such section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

SEC. 1287. EXCEPTION RELATING TO IMPORTATION OF GOODS.

(a) In General.--Notwithstanding any other provision of this title, the authorities and requirements to impose sanctions under this title shall not include the authority or a requirement to impose sanctions on the importation of goods.

(b) Good Defined.--In this section, the term ``good'' means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

______

SA 5570. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. PATUXENT RESEARCH REFUGE EXPANSION.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration.

(2) Federal land.--The term ``Federal land'' means the approximately 105 acres of Goddard Space Flight Center land under the jurisdiction of the Administrator known as ``Area 400''.

(3) Research refuge.--The term ``Research Refuge'' means the Patuxent Research Refuge established by Executive Order 7514 of December 16, 1936.

(4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.

(b) Research Refuge Boundary Modification.--The acquisition boundary of the Research Refuge is expanded to include the land depicted as ``Area 400'' on the map entitled ``Patuxent Research Refuge Acquisition Boundary Expansion'' and dated July 28, 2022.

(1) In general.--On a joint determination by the Administrator and the Secretary that the Federal land has been remediated and restored to the satisfaction of the Administrator and the Secretary, in accordance with paragraphs (2) and (3), the Administrator shall transfer to the Secretary, at no cost, administrative jurisdiction over the Federal land for inclusion in the Research Refuge.

(2) Remediation.--

(A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall prepare an updated environmental evaluation of the Federal land, which shall include--

(i) a sampling and analysis of the soil;

(ii) a sampling and analysis of the groundwater; and

(iii) an assessment of the onsite septic system.

(B) Consultation.--The Administrator shall consult with, and incorporate input from, the Secretary relating to the environmental evaluation prepared under subparagraph (A), including for purposes of--

(i) developing the sampling design;

(ii) conducting the data review and analysis; and

(iii) developing recommendations for the remediation of the Federal land.

(C) Remediation.--Any necessary remediation identified in the environmental evaluation prepared under subparagraph (A) shall be conducted and funded by the Administrator.

(D) Monitoring.--Based on the findings of the environmental evaluation prepared under subparagraph (A), the Administrator and the Secretary shall jointly design and agree to an ongoing monitoring plan for the Federal land, which shall be conducted and funded by the Administrator.

(3) Restoration.--Before the transfer of the Federal land under paragraph (1), the Administrator shall restore the Federal land, which shall include--

(A) the demolition of any--

(i) aboveground structures;

(ii) concrete sidewalks;

(iii) underground storage tanks;

(iv) seismic isolation pads; and

(v) abandoned in-place monitoring wells;

(B) the decommissioning of the septic system;

(D) the decommissioning of electrical, sewer, and water connections;

(E) the removal of associated debris from the Federal land; and

(F) the stabilization of exposed soil.

(4) Future liability.--The Administrator shall retain post- transfer responsibility, including for any ongoing monitoring required under paragraph (2)(D), for any hazardous substances that may be present on the Federal land as a result of activities by the National Aeronautics and Space Administration.

(5) Authorization of appropriations.--There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this subsection.

____________________

SOURCE: Congressional Record Vol. 168, No. 152

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ORGANIZATIONS IN THIS STORY

State of Oklahoma