“TEXT OF AMENDMENTS” published by the Congressional Record in the Senate section on Sept. 22

By Sooner State News

Sep 24, 2022

James M. Inhofe was mentioned in TEXT OF AMENDMENTS on pages S4977-S5031 covering the 2nd Session of the 117th Congress published on Sept. 22 in the Congressional Record.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

______

SA 5571. Mr. SCOTT of Florida 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 CONTRACTING BY DEPARTMENT OF

DEFENSE WITH PERSONS THAT HAVE BUSINESS

OPERATIONS WITH THE GOVERNMENT OF THE RUSSIAN

FEDERATION OR THE RUSSIAN ENERGY SECTOR.

(a) Prohibition.--Except as provided under subsection (b), the Secretary of Defense may not enter into a contract for the procurement of goods or services with any person that has business operations with--

(1) an authority of the Government of the Russian Federation; or

(2) a fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas--

(A) through the Russian Federation for sale outside of the Russian Federation; and

(B) that was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.

(b) Exceptions.--

(1) Humanitarian assistance, disaster relief, and national security.--

(A) In general.--The prohibition under subsection (a) does not apply to a contract that the Secretary of Defense and the Secretary of State jointly determine--

(i) is necessary for purposes of providing humanitarian assistance to the people of the Russian Federation;

(ii) is necessary for purposes of providing disaster relief and other urgent life-saving measures; or

(iii) is vital to the national security interests of the United States.

(B) Notification requirement.--The Secretary of Defense shall notify the appropriate congressional committees of any contract entered into on the basis of an exception under subparagraph (A).

(2) Office of foreign assets control licenses.--The prohibition under subsection (a) does not apply to a person that has a valid license to operate in the Russian Federation issued by the Office of Foreign Assets Control of the Department of the Treasury or is otherwise authorized to operate notwithstanding the imposition of sanctions with respect to the Russian Federation.

(3) American diplomatic mission in russia.--The prohibition under subsection (a) does not apply to contracts related to the operation and maintenance of the consular offices and diplomatic posts of the United States Government in the Russian Federation.

(c) Applicability.--This section shall take effect on the date of the enactment of this Act and apply with respect to any contract entered into on or after such date.

(d) Sunset.--This section shall terminate on the date on which the President submits to the appropriate congressional committees a certification in writing that contains a determination of the President that the Russian Federation--

(1) has reached an agreement relating to the withdrawal of Russian forces from Ukraine and cessation of military hostilities in Ukraine that is accepted by the free and independent government of Ukraine;

(2) poses no immediate military threat of aggression to any member of the North Atlantic Treaty Organization; and

(3) recognizes the right of the people of Ukraine to independently and freely choose their own government.

(e) Definitions.--In this section:

(1) Agency or instrumentality of the government of the russian federation.--The term ``agency or instrumentality of the Government of the Russian Federation'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``the Russian Federation''.

(2) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Oversight and Reform of the House of Representatives.

(3) Business operations.--The term ``business operations'' means the act of engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

(4) Fossil fuel company.--The term ``fossil fuel company'' means a person that--

(A) carries out oil, gas, or coal exploration, development, or production activities;

(B) processes or refines oil, gas, or coal; or

(5) Government of the russian federation.--The term

``Government of the Russian Federation'' includes the government of any political subdivision of the Russian Federation and any agency or instrumentality of the Government of the Russian Federation.

(6) Person.--The term ``person'' means--

(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(B) a governmental entity or instrumentality of a government, including a multilateral development institution

(as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and

(C) a successor, subunit, parent entity, or subsidiary of, or an entity under common ownership or control with, an entity described in subparagraph (A) or (B).

______

SA 5572. Mr. SCOTT of Florida 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. EXTENSION OF CUSTOMS WATERS OF THE UNITED STATES.

(a) Tariff Act of 1930.--Section 401(j) of the Tariff Act of 1930 (19 U.S.C. 1401(j)) is amended--

(1) by striking ``means, in the case'' and inserting the following: ``means--

``(1) in the case'';

(2) by striking ``of the coast of the United States'' and inserting ``from the baselines of the United States

(determined in accordance with international law)'';

(3) by striking ``and, in the case'' and inserting the following: ``; and

``(2) in the case'';

(4) by striking ``the waters within four leagues of the coast of the United States.'' and inserting the following:

``the waters within--

``(A) the territorial sea of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 5928 of December 27, 1988; and

``(B) the contiguous zone of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 7219 of September 2, 1999.''.

(b) Anti-Smuggling Act.--Section 401(c) of the Anti- Smuggling Act (19 U.S.C. 1709(c)) is amended--

(1) by striking ``means, in the case'' and inserting the following: ``means--

``(1) in the case'';

(2) by striking ``of the coast of the United States'' and inserting ``from the baselines of the United States

(determined in accordance with international law)'';

(3) by striking ``and, in the case'' and inserting the following: ``; and

``(2) in the case'';

(4) by striking ``the waters within four leagues of the coast of the United States.'' and inserting the following:

``the waters within--

``(A) the territorial sea of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 5928 of December 27, 1988; and

``(B) the contiguous zone of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 7219 of September 2, 1999.''.

(c) Effective Date.--The amendments made by this section shall take effect on the day after the date of the enactment of this Act.

______

SA 5573. Mr. SCOTT of Florida 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. JOINT SELECT COMMITTEE ON AFGHANISTAN.

(a) Establishment.--There is established a joint select committee of Congress to be known as the ``Joint Select Committee on Afghanistan'' (in this section referred to as the ``Joint Committee'').

(b) Membership.--

(1) In general.--The Joint Committee shall be composed of 12 members appointed pursuant to paragraph (2).

(2) Appointment.--Members of the Joint Committee shall be appointed as follows:

(A) The majority leader of the Senate shall appoint 3 members from among Members of the Senate.

(B) The minority leader of the Senate shall appoint 3 members from among Members of the Senate.

(C) The Speaker of the House of Representatives shall appoint 3 members from among Members of the House of Representatives.

(D) The minority leader of the House of Representatives shall appoint 3 members from among Members of the House of Representatives.

(3) Co-chairs.--

(A) In general.--Two of the appointed members of the Joint Committee shall serve as co-chairs. The Speaker of the House of Representatives and the majority leader of the Senate shall jointly appoint one co-chair, and the minority leader of the House of Representatives and the minority leader of the Senate shall jointly appoint the second co-chair. The co- chairs shall be appointed not later than 14 calendar days after the date of the enactment of this Act.

(B) Staff director.--The co-chairs, acting jointly, shall hire the staff director of the Joint Committee.

(4) Date.--Members of the Joint Committee shall be appointed not later than 14 calendar days after the date of the enactment of this Act.

(5) Period of appointment.--Members shall be appointed for the life of the Joint Committee. Any vacancy in the Joint Committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original designation was made. If a member of the Joint Committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the Joint Committee and a vacancy shall exist.

(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Joint Committee shall conduct an investigation and submit to Congress a report on the United States 2021 withdrawal from Afghanistan.

(2) Elements.--The report required under paragraph (1) shall include the following elements:

(A) A summary of any intelligence reports that indicated an imminent threat at the Hamid Karzai International Airport preceding the deadly attack on August 26, 2021, and the risks to United States and allied country civilians as well as Afghan partners for various United States withdrawal scenarios.

(B) A summary of any intelligence reports that indicated that withdrawing military personnel and closing United States military installations in Afghanistan before evacuating civilians would negatively affect the evacuation of United States citizens, green card holders, and Afghan partners and thus put them at risk.

(C) A full review of planning by the National Security Council, the Department of State, and the Department of Defense for a noncombatant evacuation from Afghanistan, including details of all scenarios used by the Department of State or the Department of Defense to plan and prepare for noncombatant evacuation operations.

(D) An analysis of the relationship between the retrograde and noncombatant evacuation operation plans and operations.

(E) A description of any actions that were taken by the United States Government to protect the safety of United States forces and neutralize threats in any withdrawal scenarios.

(F) A full review of all withdrawal scenarios compiled by the intelligence community and the Department of Defense with timelines for the decisions taken, including all advice provided by military leaders to President Joseph R. Biden and his national security team beginning in January 2021.

(G) An analysis of why the withdrawal timeline expedited from the September 11, 2021, date set by President Biden earlier this year.

(H) An analysis of United States and allied intelligence shared with the Taliban.

(I) An analysis of any actions taken by the United States Government to proactively prepare for a successful withdrawal.

(J) A summary of intelligence that informed statements and assurances made to the American people that the Taliban would not take over Afghanistan with the speed that it did in August 2021.

(K) A full and unredacted transcript of the phone call between President Joe Biden and President Ashraf Ghani of Afghanistan on July 23, 2021.

(L) A summary of any documents, reports, or intelligence that indicates whether any members of the intelligence community, the United States Armed Forces, or NATO partners supporting the mission warned that the Taliban would swiftly reclaim Afghanistan.

(M) A description of the extent to which any members of the intelligence community, the United States Armed Forces, or NATO partners supporting the mission advised steps to be taken by the White House that were ultimately rejected.

(N) An assessment of the decision not to order a noncombatant evacuation operation until August 14, 2021.

(O) An assessment of whose advice the President heeded in maintaining the timeline and the status of forces on the ground before Thursday, August 12, 2021.

(P) A description of the initial views and advice of the United States Armed Forces and the intelligence community given to the National Security Council and the White House before the decisions were taken regarding closure of United States military installations, withdrawal of United States assets, and withdrawal of United States military personnel.

(Q) An assessment of United States assets, as well as any assets left behind by allies, that could now be used by the Taliban, ISIS-K, and other terrorist organizations operating within the region.

(R) An assessment of United States assets slated to be delivered to Afghanistan, if any, the delivery of which was paused because of the President's decision to withdraw, and the status of and plans for those assets now.

(S) An assessment of vetting procedures for Afghan civilians to be evacuated with a timeline for the decision making and ultimate decisions taken to ensure that no terrorist suspects, persons with ties to terrorists, or dangerous individuals would be admitted into third countries or the United States.

(T) An assessment of the discussions between the United States Government and allies supporting our efforts in Afghanistan and a timeline for decision making regarding the withdrawal of United States forces, including discussion and decisions about how to work together to repatriate all foreign nationals desiring to return to their home countries.

(U) A review of the policy decisions with timeline regarding all Afghan nationals and other refugees evacuated from Afghanistan by the United States Government and brought to third countries and the United States, including a report on what role the United States Armed Forces performed in vetting each individual and what coordination the Departments of State and Defense engaged in to safeguard members of the Armed Forces from infectious diseases and terrorist threats.

(3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(d) Meetings.--

(1) Initial meeting.--Not later than 30 days after the date on which all members of the Joint Committee have been appointed, the Joint Committee shall hold its first meeting.

(2) Frequency.--The Joint Committee shall meet at the call of the co-chairs.

(3) Quorum.--A majority of the members of the Joint Committee shall constitute a quorum, but a lesser number of members may hold hearings.

(4) Voting.--No proxy voting shall be allowed on behalf of the members of the Joint Committee.

(e) Administration.--

(1) In general.--To enable the Joint Committee to exercise its powers, functions, and duties, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Joint Committee approved by the co-chairs, subject to the rules and regulations of the Senate.

(2) Expenses.--In carrying out its functions, the Joint Committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized by section 11 of Public Law 79-304 (15 U.S.C. 1024 (d)).

(3) Hearings.--

(A) In general.--The Joint Committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the Joint Committee considers advisable.

(B) Hearing procedures and responsibilities of co-chairs.--

(i) Announcement.--The co-chairs of the Joint Committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the co-chairs determine that there is good cause to begin such hearing at an earlier date.

(ii) Written statement.--A witness appearing before the Joint Committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the co- chairs, following their determination that there is good cause for failure to comply with such requirement.

(4) Cooperation from federal agencies.--

(A) Technical assistance.--Upon written request of the co- chairs, a Federal agency shall provide technical assistance to the Joint Committee in order for the Joint Committee to carry out its duties.

(B) Provision of information.--The Secretary of State, the Secretary of Defense, the Director of National Intelligence, the heads of the elements of the intelligence community, the Secretary of Homeland Security, and the National Security Council shall expeditiously respond to requests for information related to compiling the report under subsection

(c).

(f) Staff of Joint Committee.--

(1) In general.--The co-chairs of the Joint Committee may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate.

(2) Ethical standards.--Members on the Joint Committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the Joint Committee and staff of the Joint Committee shall comply with the ethics rules of the Senate.

(g) Termination.--The Joint Committee shall terminate on the date that is one year after the date of the enactment of this Act.

(h) Funding.--Funding for the Joint Committee shall be derived in equal portions from--

(1) the applicable accounts of the House of Representatives; and

(2) the contingent fund of the Senate from the appropriations account ``Miscellaneous Items'', subject to the rules and regulations of the Senate.

______

SA 5574. Mr. SCOTT of Florida 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 VIII, add the following:

Subtitle F--American Security Drone Act of 2022

SEC. 881. SHORT TITLE.

This subtitle may be cited as the ``American Security Drone Act of 2022''.

SEC. 882. DEFINITIONS.

In this subtitle:

(1) Covered foreign entity.--The term ``covered foreign entity'' means an entity included on a list developed and maintained by the Federal Acquisition Security Council. This list will include entities in the following categories:

(A) An entity included on the Consolidated Screening List.

(B) Any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security.

(C) Any entity the Secretary of Homeland Security, in coordination with the Attorney General, Director of National Intelligence, and the Secretary of Defense, determines poses a national security risk.

(D) Any entity domiciled in the People's Republic of China or subject to influence or control by the Government of the People's Republic of China or the Communist Party of the People's Republic of China, as determined by the Secretary of Homeland Security.

(E) Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).

(2) Covered unmanned aircraft system.--The term ``covered unmanned aircraft system'' has the meaning given the term

``unmanned aircraft system'' in section 44801 of title 49, United States Code.

SEC. 883. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED

AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

(a) In General.--Except as provided under subsections (b) through (f), the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity, which includes associated elements (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements.

(b) Exemption.--The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under subsection (a) if the procurement--

(1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology;

(2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations;

(3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official; and

(4) is required in the national interest of the United States.

(d) National Transportation Safety Board Exemption.--The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the sole purpose of conducting safety investigations.

(e) National Oceanic and Atmospheric Administration Exemption.--The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA's science or management objectives.

(f) Waiver.--The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis--

(1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and

(2) upon notification to--

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

(B) the Committee on Oversight and Reform in the House of Representatives; and

SEC. 884. PROHIBITION ON OPERATION OF COVERED UNMANNED

AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

(a) Prohibition.--

(1) In general.--Beginning on the date that is two years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity.

(2) Applicability to contracted services.--The prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems.

(b) Exemption.--The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under subsection (a) if the operation--

(1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology;

(4) is required in the national interest of the United States.

(f) Waiver.--The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis--

(1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and

(2) upon notification to--

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

(B) the Committee on Oversight and Reform in the House of Representatives; and

(g) Regulations and Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General shall prescribe regulations or guidance to implement this section.

SEC. 885. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES

AND OPERATION OF COVERED UNMANNED AIRCRAFT

SYSTEMS FROM COVERED FOREIGN ENTITIES.

(a) In General.--Beginning on the date that is two years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used--

(1) to purchase a covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity; or

(2) in connection with the operation of such a drone or unmanned aircraft system.

(b) Exemption.--A Federal department or agency is exempt from the restriction under subsection (a) if--

(1) the contract, grant, or cooperative agreement was awarded prior to the date of the enactment of this Act;

(2) the operation or purchase is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology;

(3) the operation or purchase is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations;

(4) is an unmanned aircraft system that, as purchased or as modified after purchase but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official; and

(5) is required in the national interest of the United States.

(c) Department of Transportation Exemption.--The Secretary of Transportation, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is for research, evaluation, training, testing, or analysis purposes carried out by the Department deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety.

(d) National Oceanic and Atmospheric Administration Exemption.--The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the purpose of meeting NOAA's science or management objectives.

(e) Waiver.--The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis--

(1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and

(2) upon notification to--

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

(B) the Committee on Oversight and Reform in the House of Representatives; and

(f) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts.

SEC. 886. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE

CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT

SYSTEMS FROM COVERED FOREIGN ENTITIES.

Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity.

SEC. 887. MANAGEMENT OF EXISTING INVENTORIES OF COVERED

UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN

ENTITIES.

(a) In General.--All executive agencies must account for existing inventories of covered unmanned aircraft systems manufactured or assembled by a covered foreign entity in their personal property accounting systems, within one year of the date of enactment of this Act, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items' capabilities.

(b) Classified Tracking.--Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level.

(c) Exceptions.--The Department of Defense, Department of Homeland Security, Department of Justice, and Department of Transportation may exclude from the full inventory process, covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues or that are one- time-use covered unmanned aircraft due to requirements and low cost.

SEC. 888. COMPTROLLER GENERAL REPORT.

Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off- the-shelf drones and covered unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities.

SEC. 889. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED

AIRCRAFT SYSTEMS.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of an unmanned aircraft system--

(1) for non-Department of Defense and non-intelligence community operations; and

(2) through grants and cooperative agreements entered into with non-Federal entities.

(b) Information Security.--The policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing, and transmitting Federal information in an unmanned aircraft system:

(1) Protections to ensure controlled access to an unmanned aircraft system.

(2) Protecting software, firmware, and hardware by ensuring changes to an unmanned aircraft system are properly managed, including by ensuring an unmanned aircraft system can be updated using a secure, controlled, and configurable mechanism.

(3) Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information.

(4) Appropriate safeguards necessary to protect sensitive information, including during and after use of an unmanned aircraft system.

(5) Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations.

(6) The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required.

(c) Requirement.--The policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of an unmanned aircraft system.

(d) Revision of Acquisition Regulations.--Not later than 180 days after the date on which the policy required under subsection (a) is issued--

(1) the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and

(2) any Federal department or agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy.

(e) Exemption.--In developing the policy required under subsection (a), the Director of the Office of Management and Budget shall--

(1) incorporate policies to implement the exemptions contained in this subtitle; and

(2) incorporate an exemption to the policy in the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination--

(A) may not be delegated below the level of the Deputy Secretary, or Administrator, of the procuring department or agency;

(B) shall specify--

(i) the quantity of end items to which the waiver applies and the procurement value of those items; and

(ii) the time period over which the waiver applies, which shall not exceed three years;

(D) not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.

SEC. 890. STATE, LOCAL, TERRITORIAL, AND TRIBAL LAW

ENFORCEMENT AND EMERGENCY SERVICE EXEMPTION.

(a) Rule of Construction.--Nothing in this subtitle shall prevent a State, local, territorial, or Tribal law enforcement or emergency service agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal dollars.

(b) Continuity of Arrangements.--The Federal Government may continue entering into contracts, grants, and cooperative agreements or other Federal funding instruments with State, local, territorial, or Tribal law enforcement or emergency service agencies under which a covered unmanned aircraft system will be purchased or operated if the agency has received approval or waiver to purchase or operate a covered unmanned aircraft system pursuant to section 885.

SEC. 891. STUDY.

(a) Study on the Supply Chain for Unmanned Aircraft Systems and Components.--

(1) Report required.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems, including a discussion of current and projected future demand for covered unmanned aircraft systems.

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

(A) A description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity.

(B) A description of the sustainability, availability, cost, and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries.

(C) The plan of the Secretary of Defense to address any gaps or deficiencies identified in subparagraph (B), including through the use of funds available under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and partnerships with the National Aeronautics and Space Administration and other interested persons.

(D) Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate.

(3) Appropriate congressional committees.--In this section the term ``appropriate congressional committees'' means:

(A) The Committees on Armed Services of the Senate and the House of Representatives.

(B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.

(C) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.

SEC. 892. SUNSET.

Sections 883, 884, and 885 shall cease to have effect on the date that is five years after the date of the enactment of this Act.

______

SA 5575. Mrs. MURRAY (for herself and Mr. Moran) 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. ___. ANNUITY SUPPLEMENT.

Section 8421a(c) of title 5, United States Code, is amended--

(1) by striking ``as an air traffic'' and inserting the following: ``as an--

``(1) air traffic'';

(2) in paragraph (1), as so designated, by striking the period at the end and inserting ``; or''; and

(3) by adding at the end the following:

``(2) air traffic controller pursuant to a contract made with the Secretary of Transportation under section 47124 of title 49.''.

______

SA 5576. Mr. TOOMEY 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. PROCESS FOR EXCLUSIONS FROM DUTIES UNDER SECTION

301 OF THE TRADE ACT OF 1974.

Section 305 of the Trade Act of 1974 (19 U.S.C. 2415) is amended by adding at the end the following:

``(c) Process of Issuing Exclusions From Duties.--

``(1) In general.--Not later than 90 days after the date of the enactment of this subsection, the Trade Representative shall establish and maintain a process for--

``(A) issuing exclusions from duties imposed under section 301 for articles subject to such duties; and

``(B) renewing such exclusions in a timely manner.

``(2) Product-wide application.--An exclusion issued or renewed under paragraph (1) with respect to an article shall apply without regard to the importer of the article.''.

______

SA 5577. Mr. TOOMEY 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 V, add the following:

SEC. 575. BACKGROUND CHECKS FOR EMPLOYEES OF DEPARTMENT OF

DEFENSE DEPENDENT SCHOOLS.

(a) Background Checks.--Not later than 2 years after the date of the enactment of this Act, each covered local educational agency and each Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code, shall have in effect policies and procedures that--

(1) require that a criminal background check be conducted for each school employee of the agency or school, respectively, that includes--

(A) a search of the State criminal registry or repository of the State in which the school employee resides;

(B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides;

(C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and

(D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20921);

(2) prohibit the employment of a school employee as a school employee at the agency or school, respectively, if such employee--

(A) refuses to consent to a criminal background check under paragraph (1);

(B) makes a false statement in connection with such criminal background check;

(i) murder;

(ii) child abuse or neglect;

(iii) a crime against children, including child pornography;

(iv) spousal abuse;

(v) a crime involving rape or sexual assault;

(vi) kidnapping;

(vii) arson; or

(viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or

(D) has been convicted of any other crime that is a violent or sexual crime against a minor;

(3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with policies established by the covered local educational agency or the Department of Defense (in the case of a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code);

(4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check;

(5) provide for a timely process, by which a school employee of the school or agency may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to--

(A) challenge the accuracy or completeness of the information produced by such criminal background check; and

(B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; and

(6) allow the covered local educational agency or school, as the case may be, to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee.

(b) Fees for Background Checks.--The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check.

(1) Covered local educational agency.--The term ``covered local educational agency'' means a local educational agency that receives funds under subsection (b) or (d) of section 7003, or section 7007, of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703, 7707).

(2) School employee.--The term ``school employee'' means--

(A) a person who--

(i) is an employee of, or is seeking employment with--

(I) a covered local educational agency; or

(II) a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code, such elementary and secondary school; and

(ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or

(B)(i) any person, or an employee of any person, who has a contract or agreement to provide services to a covered local educational agency or a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code; and

(ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

______

SA 5578. Mr. CORNYN (for himself, Mr. Whitehouse, Mr. Hagerty, and Mrs. Fischer) 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. ___. TREATMENT OF EXEMPTIONS UNDER FARA.

(a) Limitation on Exemptions.--Section 3 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613), is amended, in the matter preceding subsection (a), by inserting ``, except that the exemptions under subsections

(d)(1) and (h) shall not apply to any agent of a foreign principal that is listed as a foreign adversary (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))) in accordance with that Act'' before the colon.

(b) National Telecommunications and Information Administration Program Modification.--Section 8(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(a)) is amended by adding at the end the following:

``(4) Information on foreign adversaries.--Notwithstanding paragraph (3), the Secretary of Commerce shall periodically submit to the Attorney General a list of, and any relevant information relating to, each foreign adversary identified for purposes of the program established under paragraph

(1).''.

______

SA 5579. Mr. CORNYN 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. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW

ENFORCEMENT OFFICERS.

(a) Definitions.--In this section:

(1) the term ``Federal law enforcement officer'' has the meaning given that term in section 115(c)(1) of title 18, United States Code;

(2) the term ``handgun'' has the meaning given that term in section 921(a) of title 18, United States Code; and

(3) the term ``retired handgun'' means any handgun that has been declared surplus by the applicable agency.

(b) Authorization.--A Federal law enforcement officer may purchase a retired handgun from the Federal agency that issued the handgun to such officer.

(1) the purchase is made during the 6-month period beginning on the date the handgun was so retired; and

(2) the officer is not prohibited from possessing or receiving the handgun under the laws of the United States or the laws of the State, territory, or possession of the United States in which the officer resides.

(d) Cost.--A handgun purchased under this section shall be sold at the fair market value for such handgun taking into account the age and condition of the handgun.

(e) Policy Guidance.--The Administrator of General Services shall develop policies to facilitate the sale and disposition of eligible handguns under this section consistent with section 922 of title 18, United States Code.

______

SA 5580. Mr. CORNYN (for himself and Mrs. Feinstein) 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 III, add the following:

SEC. 357. USE OF AMOUNTS AVAILABLE TO DEPARTMENT OF DEFENSE

FOR OPERATION AND MAINTENANCE FOR REMOVAL OF

MUNITIONS AND EXPLOSIVES OF CONCERN IN GUAM.

(a) In General.--The Secretary of Defense may use amounts available to the Department of Defense for operation and maintenance to remove munitions and explosives of concern from military installations in Guam.

(b) Monitoring of Removal.--The Secretary shall monitor and assess the removal by the Department of munitions and explosives of concern from military installations in Guam and shall constantly update processes for such removal to mitigate any issues relating to such removal.

(c) Report on Amounts Necessary.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report indicating the amounts necessary to conduct removal of munitions and explosives of concern from military installations in Guam.

(d) Definitions.--In this section:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

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

(B) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

(2) Munitions and explosives of concern.--The term

``munitions and explosives of concern'' has the meaning given that term in section 179.3 of title 32, Code of Federal Regulations, or successor regulations.

______

SA 5581. Mr. CORNYN (for himself, Mrs. Shaheen, Mr. Tillis, Mr. King, Ms. Hassan, Mr. Peters, Mr. Graham, Mr. Blumenthal, and Mr. Rubio) 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 VIII, add the following:

SEC. 829. EMERGENCY ACQUISITION AUTHORITY.

Section 3204 of title 10, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (6), by striking ``; or'' and inserting a semicolon;

(B) in paragraph (7), by striking the period at the end and inserting ``; or''; and

``(8) the head of the agency--

``(A) determines that the use of procedures other than competitive procedures is necessary to--

``(i) replenish United States stockpiles with like defense articles when those stockpiles are diminished as a result of the United States providing defense articles in response to an armed attack, by a foreign adversary of the United States

(as that term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))) against--

``(I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, entitled, `To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes' (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d))); or

``(II) a United States partner; or

``(ii) to contract for the movement or delivery of defense articles transferred to such ally or partner through the President's drawdown authorities in connection with such response; provided that the United States is not a party to the hostilities; and

``(B) submits to the congressional defense committees written notification of the use of such procedures within one week after such use.''; and

(2) in subsection (e)(1), by striking ``and (7)'' and inserting ``(7), and (8)''.

______

SA 5582. Mr. CORNYN (for himself and Mr. Peters) 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 IX, add the following:

SEC. 916. CLARIFICATION OF ROLES AND RESPONSIBILITIES FOR

FORCE MODERNIZATION EFFORTS OF THE ARMY.

(a) Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan that comprehensively defines the roles and responsibilities of officials and organizations of the Army with respect to the force modernization efforts of the Army.

(b) Elements.--The plan required under subsection (a) shall--

(1) identify the official within the Army who shall have primary responsibility for the force modernization efforts of the Army, and specify the roles, responsibilities, and authorities of that official;

(2) clearly define the roles, responsibilities, and authorities of the Army Futures Command and the Assistant Secretary of the Army for Acquisition, Logistics, and Technology with respect to such efforts;

(3) clarify the roles, responsibilities, and authorities of officials and organizations of the Army with respect to acquisition in support of such efforts; and

(4) include such other information as the Secretary of the Army determines appropriate.

(c) Role of Army Futures Command.--In the event the Secretary of the Army does not submit the plan required under subsection (a) by the expiration of the 180-day period specified in such subsection, then beginning at the expiration of such period--

(1) the Commanding General of the Army Futures Command shall have the roles, responsibilities, and authorities assigned to the Commanding General pursuant to Army Directive 2020-15 (``Achieving Persistent Modernization'') as in effect on November 16, 2020; and

(2) any provision of Army Directive 2022-07 (``Army Modernization Roles and Responsibilities''), or any successor directive, that modifies or contravenes a provision of the directive specified in paragraph (1) shall have no force or effect.

______

SA 5583. Mr. CORNYN 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. PROTECTING AMERICA FROM NARCOTICS AND ILLICIT

CHEMICALS.

(a) Short Titles.--This section may be cited as the

``Protecting America from Narcotics and Illicit Chemicals Act of 2022'' or the ``PANIC Act of 2022''.

(b) Modified Definition of Major Illicit Drug Producing Country.--Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(2)) is amended--

(1) in paragraph (2)--

(A) in subparagraph (C), by striking ``or'' at the end;

(B) in subparagraph (D), by adding ``or'' at the end; and

``(E) that is a significant direct source of covered synthetic drugs, psychotropic drugs, or other controlled substances, including precursor chemicals, when those precursor chemicals are used in the production of such drugs and substances, significantly affecting the United States;'';

(2) in paragraph (7), by striking ``; and'' and inserting a semicolon;

(3) in paragraph (8), by striking the period at the end and inserting ``; and''; and

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

``(9) the term `covered synthetic drug' means--

``(A) a synthetic controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), including fentanyl or a fentanyl analogue; or

``(B) a new psychoactive substance.''.

______

SA 5584. Mr. CORNYN (for himself and Mr. King) 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 XII, add the following:

SEC. 1239. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE,

SUPPLY, OR TRANSFER OF GOLD TO OR FROM RUSSIA.

(a) Identification.--Not later than 90 days after the date of the enactment of this Act, and periodically as necessary thereafter, the President--

(1) shall submit to Congress a report identifying foreign persons that knowingly participated in a significant transaction--

(A) for the sale, supply, or transfer (including transportation) of gold, directly or indirectly, to or from the Russian Federation or the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or

(B) that otherwise involved gold in which the Government of the Russian Federation had any interest; and

(2) shall impose the sanctions described in subsection

(b)(1) with respect to each such person; and

(3) may impose the sanctions described in subsection (b)(2) with respect to any such person that is an alien.

(b) Sanctions Described.--The sanctions described in this subsection are the following:

(1) Blocking of property.--The exercise of 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 a foreign person identified in the report required by subsection (a)(1) 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) Visas, admission, or parole.--An alien described in subsection (a)(1) may be--

(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.).

(B) Current visas revoked.--

(i) In general.--An alien described in subsection (a)(1) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.

(ii) Immediate effect.--A revocation under clause (i) shall--

(I) take effect pursuant to section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)); and

(II) cancel any other valid visa or entry documentation that is in the alien's possession.

(1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

(2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this 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.

(d) National Interest Waiver.--The President may waive the imposition of sanctions under this section with respect to a person if the President--

(1) determines that such a waiver is in the national interests of the United States; and

(2) submits to Congress a notification of the waiver and the reasons for the waiver.

(e) Termination.--

(1) In general.--Except as provided in paragraph (2), the requirement to impose sanctions under this section, and any sanctions imposed under this section, shall terminate on the earlier of--

(A) the date that is 3 years after the date of the enactment of this Act; or

(B) the date that is 30 days after the date on which the President certifies to Congress that--

(i) the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine; and

(ii) such termination in the national interests of the United States.

(2) Transition rules.--

(A) Continuation of certain authorities.--Any authorities exercised before the termination date under paragraph (1) to impose sanctions with respect to a foreign person under this section may continue to be exercised on and after that date if the President determines that the continuation of those authorities is in the national interests of the United States.

(B) Application to ongoing investigations.--The termination date under paragraph (1) shall not apply to any investigation of a civil or criminal violation of this section or any regulation, license, or order issued to carry out this section, or the imposition of a civil or criminal penalty for such a violation, if--

(i) the violation occurred before the termination date; or

(ii) the person involved in the violation continues to be subject to sanctions pursuant to subparagraph (A).

(f) Exceptions.--

(1) Exceptions for authorized intelligence and law enforcement activities.--This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence or law enforcement activities of the United States.

(2) Exception to comply with international agreements.-- Sanctions under subsection (b)(2) may not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under 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, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations.

(3) Humanitarian exemption.--The President shall not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.

(4) Exception relating to importation of goods.--

(A) In general.--The requirement or authority to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.

(B) Good defined.--In this paragraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.

(g) Definitions.--In this section:

(1) The terms ``admission'', ``admitted'', ``alien'', and

``lawfully admitted for permanent residence'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(2) The term ``foreign person'' means an individual or entity that is not a United States person.

(3) The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(4) The term ``United States person'' means--

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;

(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; or

______

SA 5585. Mr. CORNYN (for himself, Mrs. Gillibrand, Mr. Blumenthal, Mr. Boozman, Mr. Tillis, Mrs. Shaheen, Mr. Kaine, and Ms. Collins) 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 XII, add the following:

SEC. 1239. UNITED STATES EFFORTS WITH RESPECT TO WAR CRIMES

AND OTHER ATROCITIES COMMITTED DURING RUSSIAN

INVASION OF UKRAINE.

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

(1) in its premeditated, unprovoked, unjustified, and unlawful full-scale invasion of Ukraine that commenced on February 24, 2022, the military of the Government of the Russian Federation under the direction of President Vladimir Putin has committed war crimes that include--

(A) the deliberate targeting of civilians and injuring or killing of noncombatants;

(B) the deliberate targeting and attacking of hospitals, schools, and other non-military buildings dedicated to religion, art, science, or charitable purposes, such as the bombing of a theater in Mariupol that served as a shelter for noncombatants and had the word ``children'' written clearly in the Russian language outside;

(D) the wanton destruction of property not justified by military necessity;

(E) unlawful civilian deportations;

(F) the taking of hostages; and

(G) rape, or sexual assault or abuse;

(2) the use of chemical weapons by the Government of the Russian Federation in Ukraine would constitute a war crime, and engaging in any military preparations to use chemical weapons or to develop, produce, stockpile, or retain chemical weapons is prohibited by the Chemical Weapons Convention, to which the Russian Federation is a signatory;

(3) Vladimir Putin has a long record of committing acts of aggression, systematic abuses of human rights, and acts that constitute war crimes or other atrocities both at home and abroad, and the brutality and scale of these actions, including in the Russian Federation republic of Chechnya, Georgia, Syria, and Ukraine, demonstrate the extent to which his regime is willing to flout international norms and values in the pursuit of its objectives;

(4) Vladimir Putin has previously sanctioned the use of chemical weapons at home and abroad, including in the poisonings of Russian spy turned double agent Sergei Skripal and his daughter Yulia and leading Russian opposition figure Aleksey Navalny, and aided and abetted the use of chemical weapons by President Bashar al-Assad in Syria; and

(5) in 2014, the Government of the Russian Federation initiated its unprovoked war of aggression against Ukraine which resulted in its illegal occupation of Crimea, the unrecognized declaration of independence by the so-called

``Donetsk People's Republic'' and ``Luhansk People's Republic'' by Russia-backed proxies, and numerous human rights violations and deaths of civilians in Ukraine.

(b) Statement of Policy.--It is the policy of the United States--

(1) to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during the full-scale Russian invasion of Ukraine that began on February 24, 2022, for use in appropriate domestic, foreign, and international courts and tribunals prosecuting those responsible for such crimes;

(2) to help deter the commission of war crimes and other atrocities in Ukraine by publicizing to the maximum possible extent, including among Russian and other foreign military commanders and troops in Ukraine, efforts to identify and prosecute those responsible for the commission of war crimes during the full-scale Russian invasion of Ukraine that began on February 24, 2022; and

(3) to continue efforts to identify, deter, and pursue accountability for war crimes and other atrocities committed around the world and by other perpetrators, and to leverage international cooperation and best practices in this regard with respect to the current situation in Ukraine.

(c) Report on United States Efforts.--Not later than 90 days after the date of the enactment of this Act, and consistent with the protection of intelligence sources and methods, the President shall submit to the appropriate congressional committees a report, which may include a classified annex, describing in detail the following:

(1) United States Government efforts to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during the full-scale Russian invasion of Ukraine since February 24, 2022, including a description of--

(A) the respective roles of various agencies, departments, and offices, and the interagency mechanism established for the coordination of such efforts;

(B) the types of information and evidence that are being collected, analyzed, and preserved to help identify those responsible for the commission of war crimes or other atrocities during the full-scale Russian invasion of Ukraine in 2022; and

(C) steps taken to coordinate with, and support the work of, allies, partners, international institutions and organizations, and nongovernmental organizations in such efforts.

(2) Media, public diplomacy, and information operations to make Russian military commanders, troops, political leaders, and the Russian people aware of efforts to identify and prosecute those responsible for the commission of war crimes or other atrocities during the full-scale Russian invasion of Ukraine in 2022, and of the types of acts that may be prosecutable.

(3) The process for a domestic, foreign, or international court or tribunal to request and obtain from the United States Government information related to war crimes or other atrocities committed during the full-scale Russian invasion of Ukraine in 2022.

(d) Definitions.--In this section:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) Atrocities.--The term ``atrocities'' has the meaning given that term in section 6(2) of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (Public Law 115-441; 22 U.S.C. 2656 note).

(3) War crime.--The term ``war crime'' has the meaning given that term in section 2441(c) of title 18, United States Code.

______

SA 5586. Mr. CORNYN (for himself and Mr. King) 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 XII, add the following:

SEC. 1239. STRATEGY TO COUNTER RUSSIAN ENERGY INFLUENCE

GLOBALLY.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Energy and the heads of other relevant Federal departments and agencies, shall submit to Congress a report evaluating how Federal laws and authorities available as of the date of the enactment of this Act can be used to counter Russian energy influence globally.

(b) Strategy.--The report required under subsection (a) shall include a strategy to reduce or replace the Russian Federation's supply of energy products in global markets, including a plan for cooperation and coordination with United States allies and partners to counter Russian energy influence.

______

SA 5587. Mr. CORNYN (for himself and Mr. King) 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. STUDY OF THE PROGRAMS, ACQUISITIONS, AND BUDGET OF

THE DEPARTMENT OF DEFENSE.

(a) In General.--The Secretary of Defense shall seek to enter into an arrangement with a federally funded research and development center under which the center will--

(1) conduct a study of the programs, acquisitions, and budget of the Department of Defense; and

(2) make recommendations with respect to how the Department can ensure that program development cycles and acquisition of new technologies within the Department can best keep pace with the increasing rate at which technologies acquired for programs of the Department become outdated or are replaced by new technologies.

(b) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study required by subsection (a).

______

SA 5588. Mr. LEAHY 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:

On page 601, strike lines 6 and 7 and insert the following: striking ``fiscal year 2022'' and inserting ``each of fiscal years 2023 through 2030''.

______

SA 5589. Mr. TOOMEY (for himself and Mr. Carper) 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. EXCLUSION OF IMPOSITION OF DUTIES AND IMPORT

QUOTAS FROM PRESIDENTIAL AUTHORITIES UNDER

INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended--

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following:

``(c)(1) The authority granted to the President by this section does not include the authority to impose duties or tariff-rate quotas or (subject to paragraph (2)) other quotas on articles entering the United States.

``(2) The limitation under paragraph (1) does not prohibit the President from excluding all articles, or all of a certain type of article, imported from a country from entering the United States.''.

______

SA 5590. Mr. HAWLEY 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. ___. PROHIBITION ON USE OF FUNDS FOR ANTI-PERSONNEL

LANDMINE REDUCTION.

(a) In General.--Except as provided in subsection (g), none of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Department of Defense may be obligated or expended for the purpose of implementing the activities described in subsection (b) until the date on which the Secretary of Defense provides to the Committees on Armed Services of the Senate and House of Representatives--

(1) the certification described in subsection (c);

(2) the report on the results of the assessment under subsection (d); and

(3) the report under subsection (e).

(b) Activities Described.--The activities described in this subsection are the following:

(1) Development, production, or acquisition of anti- personnel landmines.

(2) Employment of anti-personnel landmines by the United States Armed Forces.

(3) Export or transfer of anti-personnel landmines to allied or partner countries or other third parties.

(4) Assistance, encouragement, or inducement of allied and partner country military activities related to anti-personnel landmines, including acquisition, deployment, or employment of anti-personnel landmines.

(5) Destruction, or redeployment for purposes of destruction, of anti-personnel landmines.

(6) Removal of anti-personnel landmines from existing in- theater munitions warstocks or afloat pre-positioned warstocks.

(c) Certification Required.--The certification described in this subsection is a certification by the Secretary that implementation of the changes to the United States Anti- Personnel Landmine Policy announced on June 21, 2022, would not inhibit United States or allied or partner country capabilities to delay, degrade, and deny armed seizure of allied or partner country territory, in particular the seizure of North Atlantic Treaty Organization territory by the Russian Federation and the seizure of Taiwan by the People's Republic of China.

(d) Assessment Required.--

(1) In general.--The Secretary shall direct a federally funded research and development center to conduct an assessment of the role of anti-personnel landmines, on their own or in combination with other types of mines, such as anti-tank mines, to delay, degrade, and deny armed territorial seizure, in particular the seizure of North Atlantic Treaty Organization territory by the Russian Federation and the seizure of Taiwan by the People's Republic of China.

(2) Elements.--The assessment required by paragraph (1) shall include an assessment of the following:

(A) The role anti-personnel landmines may be able to play in supporting efforts by the United States Armed Forces and the military forces of allied and partner countries in delaying, degrading, or denying aggression by the Russian Federation or the People's Republic of China, including by--

(i) impeding enemy mobility;

(ii) forcing enemy movement in directions that permit friendly forces to more effectively engage and destroy enemy forces;

(iii) alerting defenders to enemy approach or infiltration and delaying or preventing dismounted infantry or insurgent attacks;

(iv) protecting anti-tank mines from enemy tampering or rapid breaching;

(v) providing rear-area protection for operational bases and combat support and logistics units; and

(vi) providing protection for smaller, lighter forces during the early stages of forced entry operations.

(B) The ability of weapons other than anti-personnel landmines to achieve similar operational effects as anti- personnel landmines in support of United States and allied and partner country force requirements at similar or reduced costs relative to anti-personnel and anti-tank landmines.

(C) The costs associated with the changes to the United States Anti-Personnel Landmine Policy announced on June 21, 2022, relative to maintaining the Department of Defense Anti- Personnel Landmine Policy issued on January 31, 2020.

(3) Report.--

(A) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the assessment required by paragraph (1).

(B) Form.--The report required by this paragraph shall be submitted in unclassified form but many include a classified annex.

(e) Report.--

(1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the process by which the comprehensive policy review described in the changes to the United States Anti-Personnel Landmine Policy announced on June 21, 2022, was conducted, including--

(A) the findings of such comprehensive policy review;

(B) a description of the analytical process and research methodology used for such comprehensive policy review; and

(C) a description of the role of, and the comments and perspectives provided by, the Secretary, the Chairman of the Joint Chefs of Staff, the Under Secretary of Defense for Policy, the Commander of the United States European Command, the Commander of the United States Indo- Pacific Command, the Commander of the United States Central Command, the Commander of the United States Africa Command, and the Commander of the United States Special Operations Command during such comprehensive policy review.

(2) Form.--The report required by paragraph (1) shall be submitted in unclassified form but many include a classified annex.

(f) Funding.--Of the amounts authorized to be appropriated for fiscal year 2023 for the Department of Defense by this Act, $300,000 shall be made available to carry out the reports under subsections (d)(3) and (e).

(g) Exception.--The prohibition under subsection (a) shall not apply to the deactivation, dismantlement, or retiring of anti-personnel landmine ordnance and components for the express purpose of safety and sustainment.

______

SA 5591. Mr. HAWLEY 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 XXVIII, add the following:

SEC. 2825. BRIEFING ON FUNDING NEEDED TO ENSURE QUALITY

HOUSING FOR MEMBERS OF THE ARMY.

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the amount of additional military construction funding needed by the Department of the Army to ensure quality housing for members of the Army.

______

SA 5592. Mr. HAWLEY 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, add the following:

SEC. 1254. ASYMMETRIC DEFENSE CAPABILITIES OF TAIWAN.

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

(1) The Department of Defense has warned that the Government of the People's Republic of China may conclude that it can successfully invade and seize control of Taiwan in the latter half of the 2020s.

(2) In October 2021, the Minister of National Defense of Taiwan, Chiu Kuo-cheng, echoed these warnings when he stated that the People's Republic of China--

(A) ``is capable now'' of invading Taiwan; and

(B) will have ``lowered the costs and losses'' associated with invading Taiwan ``to a minimum'' after 2025.

(3) If the People's Republic of China were to invade and seize control of Taiwan, it would deal a severe blow to United States interests by--

(A) destroying one of the world's leading democracies;

(B) casting doubt on the ability and resolve of the United States to uphold its security commitments;

(D) facilitating the formation of a regional order dominated by the People's Republic of China in which the Government of the People's Republic of China may--

(i) regulate or otherwise limit the ability of individuals in the United States to trade in the Indo-Pacific region, which would have dire effects on the livelihoods and freedoms of such individuals; and

(ii) use the Indo-Pacific region as a secure base from which to project military power into other regions, including the Western Hemisphere.

(4) Taiwan's proximity to the People's Republic of China, coupled with investments by the People's Republic of China in capabilities designed to delay intervention by the United States Armed Forces in support of Taiwan, means that Taiwan may be forced to delay, degrade, and deny an invasion by the People's Republic of China with limited support from the United States Armed Forces for the initial days, weeks, or months of such an invasion.

(5) If Taiwan is unable to delay, degrade, and deny an invasion by the People's Republic of China with limited support from the United States Armed Forces, especially in the initial period of war, then the People's Republic of China may conclude that it is, or may actually be, capable of--

(A) invading and seizing control of Taiwan before the United States or any other partner country of Taiwan is able to respond effectively, thereby achieving a fait accompli; and

(B) potentially rendering any attempt by the United States or any other partner country of Taiwan to reverse territorial gains by the People's Republic of China prohibitively difficult, costly, or both.

(6) To defend itself effectively, especially in the initial period of war, it is imperative that Taiwan accelerate deployment of cost-effective and resilient asymmetric defense capabilities, including mobile coastal and air defenses, naval mines, missile boats, man-portable anti-armor weapons, civil defense forces, and their enablers.

(7) The deployment of such asymmetric defense capabilities by Taiwan would not only improve the ability of Taiwan to defend itself, but also reduce operational risk to members of the United States Armed Forces under a Taiwan contingency.

(8) The President of Taiwan, Tsai Ing-Wen, has--

(A) vowed to bolster the national defense of Taiwan and demonstrate Taiwan's determination to defend itself so as to ensure that Taiwan will not be forced to take the path that the People's Republic of China has laid out for Taiwan; and

(B) advocated the deployment of asymmetric defense capabilities.

(9) The Government of Taiwan has begun taking steps to improve Taiwan's defenses, including by increasing Taiwan's defense budget and through Taiwan's new proposed special defense budget, but far more is needed, and quickly, to ensure that Taiwan is able to maintain a sufficient self- defense capability.

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

(1) the threat of an invasion of Taiwan by the People's Republic of China is increasing rapidly and expected to reach especially dangerous levels by the latter half of the 2020s;

(2) the United States has a strong interest in preventing the People's Republic of China from invading and seizing control of Taiwan, especially by ensuring that Taiwan is able to maintain a sufficient self-defense capability;

(3) the United States should establish a security assistance initiative so as to accelerate, to the greatest extent possible, Taiwan's deployment of cost-effective and resilient asymmetric defense capabilities;

(4) the United States should provide such assistance on the condition that Taiwan--

(A) matches investments by the United States in its asymmetric defense capabilities;

(B) increases its defense spending to a level commensurate with the threat it faces;

(C) prioritizes acquiring cost-effective and resilient asymmetric defense capabilities as rapidly as possible, including from foreign suppliers, if necessary; and

(D) demonstrates progress on defense reforms required to maximize the effectiveness of its asymmetric defenses, with special regard to Taiwan's reserve forces; and

(5) in the course of executing such a security assistance initiative, the United States should--

(A) seek to co-produce or co-develop cost-effective and resilient asymmetric defense capabilities with suppliers in Taiwan, including by providing incentives to that effect, so long as those suppliers can produce such capabilities at a reasonable cost, in the quantities required, as rapidly, and to the same quality and technical standards as suppliers in the United States or other countries; and

(B) encourage other countries, particularly United States allies and partners, to sell, lease, or otherwise provide appropriate asymmetric defense capabilities to Taiwan so as to facilitate Taiwan's rapid deployment of the asymmetric defense capabilities required to deter or, if necessary, defeat an invasion by the People's Republic of China.

(1) In general.--The Secretary of Defense shall establish an initiative, to be known as the ``Taiwan Security Assistance Initiative'' (referred to in this subsection as the ``Initiative''), to accelerate Taiwan's deployment of asymmetric defense capabilities required to deter or, if necessary, defeat an invasion by the People's Republic of China.

(2) Authorization of appropriations.--There is authorized to be appropriated $3,000,000,000 for the Department of Defense for each of fiscal years 2023 through 2027 to provide assistance to the Government of Taiwan under this subsection.

(3) Authority to provide assistance.--

(A) In general.--The Secretary of Defense, in coordination with the Secretary of State, shall use the funds authorized to be appropriated under subsection (b) to provide assistance to the Government of Taiwan for the purpose described in paragraph (4).

(4) Purpose.--The purpose of the Initiative is to provide assistance, including equipment, training, and other support, to the Government of Taiwan so as to accelerate Taiwan's deployment of asymmetric defense capabilities required to achieve, with limited support from the United States Armed Forces for the initial days, weeks, or months after the initiation of an invasion by the People's Republic of China of Taiwan, the following objectives:

(A) To delay, degrade, and deny attempts by People's Liberation Army forces to enter or transit the Taiwan Strait and adjoining seas.

(B) To delay, degrade, and deny attempts by People's Liberation Army forces to secure a lodgment on Taiwan and expand or otherwise use that lodgment to seize control of a population center or other key territory in Taiwan.

(C) To prevent the People's Republic of China from decapitating, seizing control of, or otherwise neutralizing or rendering ineffective the Government of Taiwan.

(5) Asymmetric defense capabilities.--In this section, the term ``asymmetric defense capabilities'' includes, in such quantities as the Secretary of Defense determines to be necessary to achieve the purpose specified in paragraph (4), the following:

(A) Mobile, ground-based coastal defense cruise missiles and launchers.

(B) Mobile, ground-based short-range and medium-range air defense systems.

(D) Missile boats and fast-attack craft equipped with anti- ship and anti-landing craft missiles.

(E) Unmanned aerial and other mobile, resilient surveillance systems to support coastal and air defense operations.

(F) Equipment to support target location, tracking, identification, and targeting, especially at the local level, in communications degraded or denied environments.

(G) Man-portable anti-armor weapons, mortars, and small arms for ground combat operations.

(H) Equipment and technical assistance for the purpose of developing civil defense forces, composed of civilian volunteers and militia.

(I) Training and equipment, including appropriate war reserves, required for Taiwan forces to independently maintain, sustain, and employ capabilities described in subparagraphs (A) through (H).

(J) Concept development for coastal defense, air defense, decentralized command and control, civil defense, logistics, planning, and other critical military functions, with an emphasis on operations in a communications degraded or denied environment.

(K) Any other capability the Secretary of Defense considers appropriate for the purpose described in paragraph (4).

(6) Availability of funds.--

(A) Plan.--Not later than December 1, 2022, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a plan for using funds authorized to be appropriated under paragraph (2) for the purpose specified in paragraph (4).

(B) Initial certification.--Amounts authorized to be appropriated under paragraph (2) for fiscal year 2023 may not be obligated or expended until the date on which the Secretary of Defense, in coordination with the Secretary of State, certifies that the Government of Taiwan has committed--

(i) to spending an equivalent amount on asymmetric defense capabilities in fiscal year 2023;

(ii) to spending not less than three percent of Taiwan's national gross domestic product on defense on an annual basis by the end of fiscal year 2027, including expenditures under the normal defense budget and any supplemental or special defense budgets of Taiwan;

(iii) to acquiring asymmetric defense capabilities as rapidly as possible, including from suppliers in the United States or other countries, if the Secretary of Defense determines that such suppliers will be able to provide such capabilities at a reasonable cost, in sufficient quantities, of sufficient quality and technical standards, and more rapidly than suppliers in Taiwan; and

(iv) to undertaking the defense reforms required to maximize the effectiveness of an asymmetric defense against an invasion by the People's Republic of China, including by improving organization, mobilization, and training of the reserve forces and other military personnel of Taiwan.

(C) Subsequent certifications.--Amounts authorized to be appropriated under paragraph (2) for each of fiscal years 2024, 2025, 2026, and 2027 may not be obligated or expended until the date on which the Secretary of Defense, in coordination with the Secretary of State, certifies that the Government of Taiwan has committed--

(i) to spending an equivalent amount on asymmetric defense capabilities in the applicable fiscal year and upheld its commitment to spend an equivalent amount as the United States in the preceding fiscal year on asymmetric defense capabilities to be deployed by Taiwan;

(iii) to acquiring asymmetric defense capabilities as rapidly as possible, including from suppliers in the United States or other countries, if the Secretary of Defense determines that such suppliers will be able to provide such capabilities at reasonable cost, in sufficient quantities, of sufficient quality and technical standards, and more rapidly than suppliers in Taiwan, and upheld its commitment to acquire asymmetric defense capabilities as rapidly as possible in the preceding fiscal year; and

(iv) to undertaking the defense reforms required to maximize the effectiveness of an asymmetric defense against an invasion by the People's Republic of China, including by improving the organization, mobilization, and training of the reserve forces and other military personnel of Taiwan, and demonstrated progress on such reforms in the preceding fiscal year.

(D) Notification to congress.--Not later than 30 days after making a certification under subparagraph (B) or (C), the Secretary of Defense shall submit to the appropriate committees of Congress a notice and explanation of such certification.

(E) Remaining funds.--

(i) In general.--Subject to clause (ii), amounts appropriated for a fiscal year pursuant to the authorization of appropriations under paragraph (2) that are not obligated and expended during that fiscal year shall be added to the amount that may be used for the Initiative in the subsequent fiscal year.

(ii) Rescission.--Amounts appropriated pursuant to the authorization of appropriation under paragraph (2) that remain unobligated by the end of fiscal year 2027 shall be rescinded and deposited into the general fund of the Treasury.

(7) Defense articles and services from united states inventory and other sources.--

(A) In general.--In addition to assistance provided pursuant to paragraph (3), the Secretary of Defense, in coordination with the Secretary of State, may make available to the Government of Taiwan, in such quantities as the Secretary of Defense considers appropriate for the purpose described in paragraph (4), the following:

(i) Weapons and other defense articles from the United States inventory and other sources.

(ii) Excess defense articles from the United States inventory.

(iii) Defense services.

(B) Replacement.--Amounts for the replacement of any item provided to the Government of Taiwan under subparagraph

(A)(i) may be made available from the amount authorized to be appropriated under paragraph (2).

(8) Termination of authority.--Assistance may not be provided under this subsection after September 30, 2027.

(d) Limitation on Conventional Arms Sales.--

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

(A) historically, the Government of Taiwan has prioritized the acquisition of conventional weapons that would be of limited utility in deterring or defeating an invasion by the People's Republic of China at the expense of the timely acquisition of cost-effective and resilient asymmetric defense capabilities;

(B) the United States Government has often shared responsibility for the misguided prioritization of defense acquisitions described in subparagraph (A) by approving sales of conventional weapons to Taiwan, despite knowledge that such sales would do little to enhance, and may even undermine, the ability of Taiwan to deter or defeat an invasion by the People's Republic of China;

(C) the misguided prioritization of defense acquisitions described in subparagraph (A) has not only undermined the ability of Taiwan to deter or defeat an invasion by the People's Republic of China, but has also placed at greater risk of death or injury members of the United States Armed Forces who may come under attack or be asked to come to the aid of Taiwan to repel such an invasion; and

(D) any future sales, leases, or other provision of conventional weaponry to Taiwan by the United States should be conditioned on meaningful progress by the Government of Taiwan on the acquisition of appropriate asymmetric defense capabilities.

(2) Statement of policy.--For each of fiscal years 2023 through 2027, the United States Government shall not sell, lease, or otherwise provide military capabilities to Taiwan other than asymmetric defense capabilities described in paragraph (5) of subsection (c) until the earlier of--

(A) the date on which the Secretary of Defense has submitted a notification under paragraph (6)(D) of that subsection for the fiscal year in which the Government of Taiwan has requested the sale, lease, or other provision of military capabilities other than such asymmetric defense capabilities; or

(B) the date on which the Secretary of Defense certifies to the appropriate committees of Congress that the sale, lease, or other provision to Taiwan of military capabilities other than such asymmetric defense capabilities--

(i) is necessary to enhance the ability of Taiwan to deter or, if necessary, defeat an invasion by the People's Republic of China; or

(ii) will not slow, delay, limit, or otherwise detract from or undermine the ability of Taiwan to deploy such asymmetric defense capabilities.

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

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

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

______

SA 5593. Mr. YOUNG (for himself, Mr. Carper, Mr. Cornyn, and Mr. Crapo) 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. SENSE OF CONGRESS ON DIGITAL TRADE.

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

(1) Over half of the world's population, totaling more than 5,000,000,000 people, use the internet.

(2) The digital economy encompasses the economic and social activity from billions of online connections among people, businesses, devices, and data as a result of the internet, mobile technology, and the internet of things.

(3) The Bureau of Economic Analysis found that the digital economy contributed nearly 10.2 percent of United States gross domestic product and supported 7,800,000 United States jobs in 2020.

(4) The technology-commerce ecosystem added 1,400,000 jobs between 2017 and 2021, and served as the main job-creating sector in 40 States.

(5) United States jobs supported by the digital economy have sustained annual wage growth at a rate of 5.9 percent since 2010, as compared to a 4.2 percent for all jobs.

(6) In 2020, United States exports of digital services surpassed $520,000,000,000, accounting for more than half of all United States services exports and generating a digital services trade surplus for the United States of

$214,000,000,000.

(7) Digital trade bolsters the digital economy by enabling the sale of goods on the internet and the supply of online services across borders and depends on the free flow of data across borders to promote commerce, manufacturing, and innovation.

(8) Digital trade has become increasingly vital to United States workers and businesses of all sizes, including the countless small and medium-sized enterprises that use digital technology, data flows, and e-commerce to export goods and services across the world.

(9) Digital trade has advanced entrepreneurship opportunities for women, people of color, and individuals from otherwise underrepresented backgrounds and enabled the formation of innovative start-ups.

(10) International supply chains are becoming increasingly digitized and data driven and businesses in a variety of industries, such as construction, healthcare, transportation, and aerospace, invested heavily in digital supply chain technologies in 2020.

(11) United States Trade Representative Katherine Tai said,

``[T]here is no bright line separating digital trade from the digital economy--or the `traditional' economy for that matter. Nearly every aspect of our economy has been digitized to some degree.''.

(12) Industries outside of the technology sector, such as manufacturing and agriculture, are integrating digital technology into their businesses in order to increase efficiency, improve safety, reach new customers, and remain globally competitive.

(13) The increasing reliance on digital technologies has modernized legacy processes, accelerated workflows, increased access to information and services, and strengthened security in a variety of industries, leading to better health, environmental, and safety outcomes.

(14) The COVID-19 pandemic has led to increased uptake and reliance on digital technologies, data flows, and e-commerce.

(15) 90 percent of adults in the United States say that the internet has been essential or important for them personally during the COVID-19 pandemic.

(16) United States families, workers, and business owners have seen how vital access to the internet has been to daily life, as work, education, medicine, and communication with family and friends have shifted increasingly online.

(17) Many individuals and families, especially in rural and Tribal communities, struggle to participate in the digital economy because of a lack of access to a reliable and affordable internet connection.

(18) New developments in technology must be deployed with consideration to the unique access challenges of rural, urban underserved, and vulnerable communities.

(19) Digital trade has the power to help level the playing field and uplift those in traditionally unrepresented or underrepresented communities.

(20) Countries have negotiated international rules governing digital trade in various bilateral and plurilateral agreements, but those rules remain fragmented, and no multilateral agreement on digital trade exists within the World Trade Organization.

(21) The United States, through free trade agreements or other digital agreements, has been a leader in developing a set of rules and standards on digital governance and e- commerce that has helped allies and partners of the United States unlock the full economic and social potential of digital trade.

(22) Congress recognizes the need for agreements on digital trade, as indicated by its support for a robust digital trade chapter in the United States-Mexico-Canada Agreement.

(23) Other countries are operating under their own digital rules, some of which are contrary to democratic values shared by the United States and many allies and partners of the United States.

(24) Those countries are attempting to advance their own digital rules on a global scale.

(25) Examples of the plethora of nontariff barriers to digital trade that have emerged around the globe include--

(A) overly restrictive data localization requirements and limitations on cross border data flows that do not achieve legitimate public policy objectives;

(B) intellectual property rights infringement;

(C) policies that make market access contingent on forced technology transfers or voluntary transfers subject to coercive terms;

(D) web filtering;

(E) economic espionage;

(F) cybercrime exposure; and

(G) government-directed theft of trade secrets.

(26) Certain countries are pursuing or have implemented digital policies that unfairly discriminate against innovative United States technology companies and United States workers that create and deliver digital products and services.

(27) The Government of the People's Republic of China is currently advancing a model for digital governance and the digital economy domestically and abroad through its Digital Silk Road Initiative that permits censorship, surveillance, human and worker rights abuses, forced technology transfers, and data flow restrictions at the expense of human and worker rights, privacy, the free flow of data, and an open internet.

(28) The 2020 Country Reports on Human Rights Practices of the Department of State highlighted significant human rights issues committed by the People's Republic of China in the digital realm, including ``arbitrary interference with privacy; pervasive and intrusive technical surveillance and monitoring; serious restrictions on free expression, the press, and the internet, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others as well as their family members, and censorship and site blocking''.

(29) The United States discourages digital authoritarianism, including practices that undermine human and worker rights and result in other social and economic coercion.

(30) Allies and trading partners of the United States in the Indo-Pacific region have urged the United States to deepen economic engagement in the region by negotiating rules on digital trade and technology standards.

(31) The digital economy has provided new opportunities for economic development, entrepreneurship, and growth in developing countries around the world.

(32) Negotiating strong digital trade principles and commitments with allies and partners across the globe enables the United States to unite like-minded economies around common standards and ensure that principles of democracy, rule of law, freedom of speech, human and worker rights, privacy, and a free and open internet are at the very core of digital governance.

(33) United States leadership and substantive engagement is necessary to ensure that global digital rules reflect United States values so that workers are treated fairly, small businesses can compete and win in the global economy, and consumers are guaranteed the right to privacy and security.

(34) The United States supports rules that reduce digital trade barriers, promote free expression and the free flow of information, enhance privacy protections, protect sensitive information, defend human and worker rights, prohibit forced technology transfer, and promote digitally enabled commerce.

(35) The United States supports efforts to cooperate with allies and trading partners to mitigate the risks of cyberattacks, address potentially illegal or deceptive business activities online, promote financial inclusion and digital workforce skills, and develop rules to govern the use of artificial intelligence and other emerging and future technologies.

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

(1) the United States should negotiate strong, inclusive, forward-looking, and enforceable rules on digital trade and the digital economy with like-minded countries as part of a broader trade and economic strategy to address digital barriers and ensure that the United States values of democracy, rule of law, freedom of speech, human and worker rights, privacy, and a free and open internet are at the very core of the digital world and advanced technology;

(2) in conducting such negotiations, the United States must--

(A) pursue digital trade rules that--

(i) serve the best interests of workers, consumers, and small and medium-sized enterprises;

(ii) empower United States workers;

(iii) fuel wage growth; and

(iv) lead to materially positive economic outcomes for all people in the United States;

(B) ensure that any future agreement prevents the adoption of non-democratic, coercive, or overly restrictive policies that would be obstacles to a free and open internet and harm the ability of the e-commerce marketplace to continue to grow and thrive;

(C) coordinate sufficient trade-related assistance to ensure that developing countries can improve their capacity and benefit from increased digital trade; and

(D) consult closely with all relevant stakeholders, including workers, consumers, small and medium-sized enterprises, civil society groups, and human rights advocates; and

(3) with respect to any negotiations for an agreement facilitating digital trade, the United States Trade Representative and the heads of other relevant Federal agencies must--

(A) consult closely and on a timely basis with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives about the substance of those negotiations and the requisite legal authority to bind the United States to any such agreement;

(B) keep both committees fully apprised of those negotiations; and

(C) provide to those committees, including staff with appropriate security clearances, adequate access to the text of the negotiating proposal of the United States before presenting the proposal in the negotiations.

______

SA 5594. Mr. YOUNG 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 V, add the following:

SEC. 575. PILOT PROGRAM ON GRIEF COMPANIONS FOLLOWING

CASUALTY NOTIFICATIONS.

(a) In General.--Commencing not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall carry out a pilot program on providing training to, validating, and deploying grief companions to facilitate bereavement care provided by the Department of Defense following casualty notifications with respect to members of the Armed Forces.

(b) Duration.--The Under Secretary of Defense for Personnel and Readiness shall carry out the pilot program required under subsection (a) for a period of not less than one year.

(c) Authorization of Appropriations.--There is authorized to be appropriated to the Under Secretary of Defense for Personnel and Readiness $250,000 to carry out the pilot program required under subsection (a).

______

SA 5595. Mr. HAWLEY 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__. PROHIBITION ON THE USE OF TIKTOK.

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

(1) the term ``covered application'' means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited;

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

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

(b) Prohibition on the Use of TikTok.--

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

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

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

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

______

SA 5596. Mr. HAWLEY 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, add the following:

SEC. 1254. STRATEGIC TRADE AUTHORIZATION LICENSE EXCEPTION

FOR TAIWAN.

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

(1) the United States has a strong interest, in accordance with its obligations under the Taiwan Relations Act (22 U.S.C. 3301 et seq.), in ensuring that Taiwan has all resources necessary to defend itself, especially by asymmetric ways and means, against military action by the People's Republic of China;

(2) the threat of military action by the People's Republic of China against Taiwan is growing more rapidly than many anticipated, with the current and former commanders of the United States Indo-Pacific Command testifying that the Government of the People's Republic of China may view the local military balance over Taiwan as favorable to an invasion well before 2035 and potentially as soon as 2027;

(3) it is imperative that the United States provide Taiwan with defensive resources with urgency, not only so that Taiwan can better defend itself against military action by the People's Republic of China, but also to reduce the operational risk to the United States Armed Forces, if the President commits such forces to Taiwan's defense following the initiation of hostilities by the Government of the People's Republic of China;

(4) the inclusion of Taiwan in Country Group A:5 under Supplement No. 1 to part 740 of the Export Administration Regulations would address the need described in paragraph (3) by allowing Taiwan to acquire critical asymmetric defensive capabilities on an expedited basis, including undersea sensors, naval mines, man-portable air defense systems, and unmanned aerial vehicles, pursuant to the strategic trade authorization license exception under section 740.20 of the Export Administration Regulations; and

(5) Taiwan has been designated a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).

(b) Strategic Trade Authorization License Exception for Taiwan.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall revise part 740 of the Export Administration Regulations to remove Taiwan from Country Group A:6 and add it to Country Group A:5.

(c) Definition of Export Administration Regulations.--In this section, the term ``Export Administration Regulations'' has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).

______

SA 5597. Mr. HAWLEY 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, add the following:

SEC. 1254. ESTABLISHMENT OF PRECLEARANCE FACILITIES IN THE

INDO-PACIFIC REGION.

(a) Short Title.--This section may be cited as the ``Taiwan Preclearance Act''.

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

(1) U.S. Customs and Border Protection Preclearance stations U.S. Customs and Border Protection officers and specialists at foreign airports to inspect travelers prior to boarding United States-bound flight.

(2) More than 600 U.S. Customs and Border Protection officers and specialists are stationed in Aruba, The Bahamas, Bermuda, Canada, Ireland, and The United Arab Emirates.

(3) A Preclearance program at Taiwan's Taoyuan International Airport (TPE) would signal Taiwan's importance to the United States and compliance with international aviation rules.

(4) In 2012, the United States announced Taiwan's designation for participation in the Visa Waiver Program, which allows for Taiwanese passport holders to enter and remain in the United States for up to 90 days obtaining a United States visa.

(5) In 2017, Taiwan became the third location in East Asia and the 12th nation worldwide to be eligible for the Global Entry program, which allows for expedited immigration and customs clearance and pre-approval.

(1) Taiwan is a steadfast partner of the United States in the common pursuit of a free and open Indo-Pacific region; and

(2) the United States should prioritize the establishment of Preclearance facilities and other security programs with allies and partners in the Indo-Pacific region, including Taiwan.

(d) Defined Term.--In this section, the term ``appropriate congressional committees'' means--

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

(2) the Committee on Finance of the Senate;

(3) the Committee on Commerce, Science, and Transportation of the Senate;

(4) the Committee on Homeland Security of the House of Representatives; and

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

(e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Commerce, shall submit a report to the appropriate congressional committees that--

(1) describes the plan for the establishment of a Preclearance facility in Taiwan or in other countries in the Indo-Pacific region;

(2) analyzes the feasibility and advisability for the establishment of a Preclearance facility in Taiwan;

(3) assesses the impacts that Preclearance operations in Taiwan will have on--

(A) trade between the United States and Taiwan, including the impact on established supply chains;

(B) the tourism industry in the United States, including the potential impact on revenue and tourist-related commerce;

(D) cost savings and potential market access by expanding operations into the Indo-Pacific region;

(E) opportunities for government-to-government collaboration available in Taiwan after Preclearance operations are established; and

(F) U.S. Customs and Border Patrol international and domestic port of entry staffing; and

(4) includes country-specific information on the anticipated homeland security benefits and the security vulnerabilities associated with conducting Preclearance operations in Taiwan.

______

SA 5598. Mr. HAWLEY 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--Prevention of Conflicts of Interest Among Consulting Firms

SECTION 1281. SHORT TITLE.

This subtitle may be cited as the ``Time to Choose Act of 2022''.

SEC. 1282. FINDINGS.

Congress makes the following findings:

(1) The Department of Defense and other agencies in the United States Government regularly award contracts to firms such as Deloitte, McKinsey & Company, and others who are simultaneously providing consulting services to the Government of the People's Republic of China and proxies or affiliates thereof.

(2) The provision of such consulting services by firms like Deloitte, McKinsey & Company, and others to entities in the People's Republic of China directly supports efforts by that nation's government to generate economic and military power that it can then use to undermine the economic and national security of the American people, including through economic coercion and by threatening or using military force against us.

(3) It is a conflict of interest for firms like Deloitte, McKinsey & Company, and others to simultaneously aid in the efforts of the Government of the People's Republic of China to undermine the economic and national security of the United States while they are simultaneously contracting with the Department of Defense and other United States Government agencies responsible for defending the United States from foreign threats, above all from China.

(4) Firms like Deloitte, McKinsey & Company, and others should no longer be allowed to engage in such a conflict of interest and should instead be required to choose between aiding the efforts of the Government of the People's Republic of China to harm the United States or helping the United States Government to defend its citizens against such foreign coercion.

SEC. 1283. PROHIBITION ON FEDERAL CONTRACTING WITH ENTITIES

THAT ARE SIMULTANEOUSLY AIDING IN THE EFFORTS

OF THE PEOPLE'S REPUBLIC OF CHINA TO HARM THE

UNITED STATES.

In order to end conflict of interests in Federal contracting among consulting firms that simultaneously contract with the United States Government and covered foreign entities, the Federal Acquisition Regulatory Council shall, not later than 180 days after the date of the enactment of this Act, amend the Federal Acquisition Regulation--

(1) to require any entity that provides the services described in the North American Industry Classification System's Industry Group code 5416, prior to entering into a Federal contract, to certify that neither it nor any of its subsidiaries or affiliates hold a contract with one or more covered foreign entities; and

(2) to prohibit Federal contracts from being awarded to an entity that provides the services described under the North American Industry Classification System's Industry Group code 5416 if the entity or any of its subsidiaries or affiliates are determined, based on the self-certification required under paragraph (1) or other information, to be a contractor of, or otherwise providing services to, a covered foreign entity.

SEC. 1284. PENALTIES FOR FALSE INFORMATION ON CONTRACTING

WITH THE PEOPLE'S REPUBLIC OF CHINA.

(a) Termination, Suspension, and Debarment.--If the head of an executive agency determines that a consulting firm described in section 1283 has knowingly submitted a false certification or information on or after the date on which the Federal Acquisition Regulatory Council amends the Federal Acquisition Regulation pursuant to such section, the head of the executive agency shall terminate the contract with the consulting firm and consider suspending or debarring the firm from eligibility for future Federal contracts in accordance with subpart 9.4 of the Federal Acquisition Regulation.

(b) False Claims Act.--A consulting firm described in section 1283 that, for the purposes of the False Claims Act, intentionally hides or misrepresents one or more contracts with covered foreign entities shall be subject to the penalties and corrective actions described in the False Claims Act, including liability for three times the amount of damages which the United States Government sustains, including funds or other resources expended on or in support of the solicitation, selection, and performance of such contracts.

SEC. 1285. DEFINITIONS.

In this subtitle:

(1) Covered foreign entity.--The term ``covered foreign entity'' means--

(A) a person, business trust, business association, company, institution, government agency, university, partnership, limited liability company, corporation, or any other individual or organization that can legally enter into contracts, own properties, or pay taxes on behalf of, the Government of the People's Republic of China;

(B) the Chinese Communist Party;

(D) an entity owned or controlled by, or that performs activities on behalf of, a person or entity described in subparagraph (A), (B), or (C); and

(E) an individual that is a member of the board of directors, an executive officer, or a senior official of an entity described in subparagraph (A), (B), (C), or (D).

(2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

(3) False claims act.--The term ``False Claims Act'' means sections 3729 through 3733 of title 31, United States Code

(4) North american industry classification system's industry group code 5416.--The term ``North American Industry Classification System's Industry Group code 5416'' refers to the North American Industry Classification System category that covers Management, Scientific, and Technical Consulting Services as Industry Group code 5416, including industry codes 54151, 541611, 541612, 541613, 541614, 541618, 54162, 541620, 54169, 541690.

______

SA 5599. Mr. HAWLEY 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, insert the following:

SEC. 1077. SLAVE-FREE BUSINESS CERTIFICATION.

(a) Short Title.--This section may be cited as the ``Slave- Free Business Certification Act of 2022''.

(b) Required Reporting on Use of Forced Labor From Covered Business Entities.--

(1) Definitions.--In this section:

(A) Covered business entity.--The term ``covered business entity'' means any issuer, as that term is defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)), that--

(i) has annual, worldwide gross receipts that exceed

$500,000,000; and

(ii) is involved in the mining, production, or manufacture of goods for sale.

(B) Forced labor.--The term ``forced labor'' means any labor practice or human trafficking activity in violation of national and international standards, including--

(i) International Labor Organization Convention No. 182;

(ii) the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); and

(iii) any act that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18, United States Code, if the act had been committed within the jurisdiction of the United States.

(C) Gross receipts.--The term ``gross receipts'' has the meaning given to the term in section 993(f) of the Internal Revenue Code of 1986.

(D) On-site service.--The term ``on-site service'' means any service work provided on the site of a covered business entity, including food service work and catering services.

(E) On-site service provider.--The term ``on-site service provider'' means any entity that provides workers who perform, collectively, a total of not less than 30 hours per week of on-site services for a covered business entity.

(F) Secretary.--The term ``Secretary'' means the Secretary of Labor.

(G) Supply chain.--The term ``supply chain'' means the end- to-end process for producing and transporting goods beginning at the point of origin through a point of distribution to the destination, inclusive of suppliers, manufacturers, and vendors.

(2) Audit and reporting requirements.--

(A) In general.--Not later than 1 year after the date of enactment of this Act, and every year thereafter, each covered business entity shall--

(i) conduct an audit of its supply chain, pursuant to the requirements of subsection (c), to investigate the presence or use of forced labor by the covered business entity or its suppliers, including by direct suppliers, secondary suppliers, and on-site service providers of the covered business entity;

(ii) submit a report to the Secretary containing the information described in subparagraph (B) on the results of such audit and efforts of the covered business entity to eradicate forced labor from the supply chain and on-site services of the covered business entity; and

(iii)(I) publish the report described in clause (ii) on the public website of the covered business entity, and provide a conspicuous and easily understood link on the homepage of the website that leads to the report; or

(II) in the case of a covered business entity that does not have a public website, provide the report in written form to any consumer of the covered business entity not later than 30 days after the consumer submits a request for the report.

(B) Required report contents.--Each report required under subparagraph (A)(ii) shall contain, at a minimum--

(i) a disclosure of the covered business entity's policies to prevent the use of forced labor by the covered business entity, its direct suppliers, and its on-site service providers;

(ii) a disclosure of what policies or procedures, if any, the covered business entity uses--

(I) for the verification of product supply chains and on- site service provider practices to evaluate and address risks of forced labor and whether the verification was conducted by a third party;

(II) to require direct suppliers and on-site service providers to provide written certification that materials incorporated into the product supplied or on-site services, respectively, comply with the laws regarding forced labor of each country in which the supplier or on-site service provider is engaged in business;

(III) to maintain internal accountability standards and procedures for employees or contractors of the covered business entity failing to meet requirements regarding forced labor; and

(IV) to provide training on recognizing and preventing forced labor, particularly with respect to mitigating risks within the supply chains of products and on-site services of the covered business entity, to employees, including management personnel, of the covered business entity who have direct responsibility for supply chain management or on-site services;

(iii) a description of the findings of each audit required under subparagraph (A)(i), including the details of any instances of found or suspected forced labor; and

(iv) a written certification, signed by the chief executive officer of the covered business entity, that--

(I) the covered business entity has complied with the requirements of this section and exercised due diligence in order to eradicate forced labor from the supply chain and on- site services of the covered business entity;

(II) to the best of the chief executive officer's knowledge, the covered business entity has found no instances of the use of forced labor by the covered business entity or has disclosed every known instance of the use of forced labor; and

(III) the chief executive officer and any other officers submitting the report or certification understand that section 1001 of title 18, United States Code (popularly known as the ``False Statements Act''), applies to the information contained in the report submitted to the Secretary.

(3) Report of violations to congress.--Each year, the Secretary shall prepare and submit a report to Congress regarding the covered business entities that--

(A) have failed to conduct audits required under this section for the preceding year or have been adjudicated in violation of any other provision of this section; or

(B) have been found to have used forced labor, including the use of forced labor in their supply chain or by their on- site service providers.

(1) In general.--Each audit conducted under subsection

(b)(2)(A)(i) shall meet the following requirements:

(A) Worker interviews.--The auditor shall--

(i) select a cross-section of workers to interview that represents the full diversity of the workplace, and includes, if applicable, men and women, migrant workers and local workers, workers on different shifts, workers performing different tasks, and members of various production teams;

(ii) if individuals under the age of 18 are employed at the facility of the direct supplier or on-site service provider, interview a representative group using age-sensitive interview techniques;

(iii) conduct interviews--

(I) off-site of the facility and during non-work hours for the worker;

(II) individually or in groups (except for purposes of clause (ii)); and

(III) using methods of communication that limit, to the greatest practicable extent, any reliance on devices or services provided to the worker by the covered business entity, supplier, or on-site service provider;

(iv) use audit tools to ensure that each worker is asked a comprehensive set of questions;

(v) collect from interviewed workers copies of the workers' pay stubs, in order to compare the pay stubs with payment records provided by the direct supplier;

(vi) ensure that all worker responses are confidential and are never shared with management; and

(vii) interview a representative of the labor organization or other worker representative organization that represents workers at the facility or, if no such organization is present, attempt to interview a representative from a local worker advocacy group.

(B) Management interviews.--The auditor shall--

(i) interview a cross-section of the management of the supplier, including human resources personnel, production supervisors, and others; and

(ii) use audit tools to ensure that managers are asked a comprehensive set of questions.

(i) conduct a thorough review of information regarding the supplier or on-site service provider to provide tangible proof of compliance and to corroborate or find discrepancies in the information gathered through the worker and management interviews; and

(ii) review, at a minimum, the following information related to the supplier or on-site service provider:

(I) Age verification procedures and documents.

(II) A master list of juvenile workers or information related to juvenile workers.

(III) Selection and recruitment procedures.

(IV) Contracts with labor brokers, if any.

(V) Worker contracts and employment agreements.

(VI) Introduction program materials.

(VII) Personnel files.

(VIII) Employee communication and training plans, including certifications provided to workers including skills training, worker preparedness, government certification programs, and systems or policy orientations.

(IX) Collective bargaining agreements, including collective bargaining representative certification, descriptions of the role of the labor organization, and minutes of the labor organization's meetings.

(X) Contracts with any security agency, and descriptions of the scope of responsibilities of the security agency.

(XI) Payroll and time records.

(XII) Production capacity reports.

(XIII) Written human resources policies and procedures.

(XIV) Occupational health and safety plans and records including legal permits, maintenance and monitoring records, injury and accident reports, investigation procedures, chemical inventories, personal protective equipment inventories, training certificates, and evacuation plans.

(XV) Disciplinary notices.

(XVI) Grievance reports.

(XVII) Performance evaluations.

(XVIII) Promotion or merit increase records.

(XIX) Dismissal and suspension records of workers.

(XX) Records of employees who have resigned.

(XXI) Worker pay stubs.

(D) Closing meeting with management.--The auditor shall hold a closing meeting with the management of the covered business entity to--

(i) report violations and nonconformities found in the facility; and

(ii) determine the steps forward to address and remediate any problems.

(E) Report preparation.--The auditor shall prepare a full report of the audit, which shall include--

(i) a disclosure of the direct supplier's or on-site service provider's--

(I) documented processes and procedures that relate to eradicating forced labor; and

(II) documented risk assessment and prioritization policies as such policies relate to eradicating forced labor;

(ii) a description of the worker interviews, manager interviews, and documentation review required under subparagraphs (A), (B), and (C);

(iii) a description of all violations or suspected violations by the direct supplier or on-site service provider of any forced labor laws of the United States or, if applicable, the laws of another country as described in subsection (b)(2)(B)(ii)(II); and

(iv) for each violation described in clause (iii), a description of any corrective and protective actions recommended for the direct supplier consisting of, at a minimum--

(I) the issues relating to the violation and any root causes of the violation;

(II) the implementation of a solution; and

(III) a method to check the effectiveness of the solution.

(2) Additional requirements relating to audits.--

(A) No retaliation for audit cooperation.--A covered business entity or supplier, including a direct supplier, secondary supplier, or on-site service provider, shall not retaliate against any worker for participating in interviews under subsection (c)(1)(A) or providing information necessary for the audit requirements under subsection (c)(1)(C)(ii) to the auditor.

(B) Contract requirements.--Each covered business entity shall include, in any contract with a direct supplier or on- site service provider, a requirement that--

(i) the supplier or provider shall not retaliate against any worker for participating in an audit relating to forced labor; and

(ii) worker participation in an audit shall be protected through the same grievance mechanisms available to the worker available for any other type of workplace grievance.

(d) Enforcement.--

(1) Civil damages.--The Secretary may assess civil damages in an amount of not more than $100,000,000 if, after notice and an opportunity for a hearing, the Secretary determines that a covered business entity has violated any requirement of subsection (b)(2).

(2) Punitive damages.--In addition to damages under paragraph (1), the Secretary may assess punitive damages in an amount of not more than $500,000,000 against an entity that is a covered business entity or supplier, including a direct supplier, secondary supplier, or on-site service provider, if, after notice and an opportunity for a hearing, the Secretary determines the entity--

(A) willfully violated any requirement of subsection

(b)(2); or

(B) willfully violated subsection (c)(2)(A).

(3) Declarative or injunctive relief.--The Secretary may request the Attorney General institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, in the district court of the United States for any district in which the covered business entity conducts business, whenever the Secretary believes that a violation of subsection (b)(2) constitutes a hazard to workers.

(e) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate rules to carry out this section.

______

SA 5600. Mr. HAWLEY 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 X, add the following:

Subtitle H--Afghanistan Vetting and Accountability Act of 2022

SEC. 1081. SHORT TITLE.

This subtitle may be cited as the ``Afghanistan Vetting and Accountability Act of 2022''.

SEC. 1082. VERIFICATION AND VETTING REQUIREMENTS WITH RESPECT

TO INDIVIDUALS EVACUATED FROM AFGHANISTAN.

(a) Definitions.--In this section:

(1) Federal means-tested public benefit.--The term

``Federal means-tested public benefit'' means a Federal means-tested public benefit within the meaning of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613).

(2) Individual evacuated from afghanistan.--The term

``individual evacuated from Afghanistan''--

(A) means any individual, other than a United States citizen or a member of the United States Armed Forces, conveyed out of Afghanistan into the United States in coordination with the Government of the United States during the period beginning on January 20, 2021, and ending on January 20, 2022; and

(B) includes each individual, other than a United States citizen or a member of the United States Armed Forces, evacuated from Afghanistan as part of Operation Allies Welcome.

(3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

(4) Unemployment compensation.--The term ``unemployment compensation'' has the meaning given the term in section 85(b) of the Internal Revenue Code of 1986.

(b) Verification and Vetting Requirements.--

(1) In general.--The Secretary shall verify the personal and biometric information and conduct in-person vetting of each individual evacuated from Afghanistan.

(2) Vetting database.--The Secretary shall develop and maintain a database that contains, for each individual evacuated from Afghanistan, the following:

(A) Personal information, including name and date of birth.

(B) Biometric information.

(D) Any application for, or receipt of, unemployment compensation or a Federal means-tested public benefit.

(E) The vetting status of the individual, including whether the individual has undergone in-person vetting.

(1) In general.--Not less frequently than quarterly until the date on which the Secretary submits the certification under subsection (d), the Secretary shall submit to Congress a report detailing the compliance of the Secretary with subsection (b).

(2) Elements.--Each report required by paragraph (1) shall include the following:

(A) A list of all individuals evacuated from Afghanistan.

(B) With respect to each such individual--

(i) vetting status, including whether the individual has undergone in-person vetting;

(ii) an assessment as to whether the individual has received unemployment compensation or a Federal means-tested benefit;

(iii) a description of any arrest or criminal record for conduct that occurred in Afghanistan, if available; and

(iv) a description of any arrest or criminal record for conduct that occurred in the United States.

(C) The estimated number of days remaining until the Secretary completes the verification and vetting of each individual evacuated from Afghanistan as required by subsection (b)(1).

(d) Certification.--Not later than 30 days after the date on which the Secretary completes the verification and vetting required by subsection (b)(1), the Secretary shall submit to Congress a certification that such verification and vetting has been completed.

(e) GAO Audits and Reports.--

(1) Audits.--The Comptroller General of the United States shall conduct an audit and investigation with respect to the compliance of the Secretary with this subtitle--

(A) not later than 2 years after the date of the enactment of this Act; and

(B) not later than 1 year after the date on which the Secretary makes the certification under subsection (d).

(2) Reports.--Not later than 30 days after the completion of each audit and investigation required by paragraph (1), the Comptroller General shall submit to Congress a report on the results of the audit and investigation.

(f) Restriction on Federal Assistance.--An individual evacuated from Afghanistan who has not provided personal information and biometric information to the Secretary, and undergone in-person vetting, shall not be eligible to receive unemployment compensation or any Federal means-tested public benefit.

SEC. 1083. DECLASSIFICATION OF INFORMATION RELATED TO THE

WITHDRAWAL OF THE UNITED STATES ARMED FORCES

FROM AFGHANISTAN.

Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall--

(1) declassify all intelligence products related to the withdrawal of the United States Armed Forces from Afghanistan, including as relate to--

(A) anticipated timelines for a Taliban takeover of Afghanistan, especially as the Taliban seized control of additional districts and provinces, often without fighting, in early to mid 2021;

(B) the ability of the Afghan National Defense and Security Forces to prevent a Taliban takeover of Afghanistan after the withdrawal of American forces and associated combat, logistical, and other support;

(C) the willingness of then-President of the Islamic Republic of Afghanistan Ashraf Ghani and other Afghan political leaders to remain in Afghanistan as the military situation deteriorated, including any plans such leaders may have made to escape Afghanistan as the Taliban advanced;

(D) threats to United States forces, diplomats, or citizens in Kabul or other parts of Afghanistan over the course of the withdrawal, including the noncombatant evacuation operation in August 2021;

(E) any other intelligence that may have informed decisions by the United States Government regarding the timeline for the withdrawal of its forces, moving of its embassy in Kabul, initiation of a noncombatant evacuation operation, force requirements for a noncombatant evacuation operation, or other related matters; and

(F) any dissenting views shared in writing or other formats, including verbally, by United States military commanders, diplomats, or other government officials regarding the topics described in subparagraphs (A) through (E); and

(2) submit to Congress an unclassified report that contains--

(A) all the information described under paragraph (1); and

(B) only such redactions as the Director determines necessary to protect sources and methods.

______

SA 5601. Mrs. FEINSTEIN (for herself, Mr. Rubio, Ms. Murkowski, Mr. Padilla, Mr. Cornyn, Mr. Bennet, and Mrs. Blackburn) 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 IX, add the following:

SEC. 925. ESTABLISHMENT OF SPACE NATIONAL GUARD.

(a) Establishment.--

(1) In general.--There is established a Space National Guard that is part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia--

(A) in which the Space Force operates; and

(B) active and inactive.

(2) Reserve component.--There is established a Space National Guard of the United States that is the reserve component of the United States Space Force all of whose members are members of the Space National Guard.

(b) Composition.--The Space National Guard shall be composed of the Space National Guard forces of the several States and Territories, Puerto Rico, and the District of Columbia--

(1) in which the Space Force operates; and

(2) active and inactive.

(c) No Effect on Military Installations.--Nothing in this section, or the amendments made by this section, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Space National Guard or Air National Guard.

(d) Implementation of Space National Guard.--

(1) Requirement.--Except as specifically provided by this setion, the Secretary of the Air Force and the Chief of the National Guard Bureau shall implement this section, and the amendments made by this section, not later than 18 months after the date of the enactment of this Act.

(2) Briefing required.--

(A) In general.--Not later than 90 days after the date of the enactment of this Act, and annually for the five subsequent years, the Secretary of the Air Force, the Chief of the Space Force, and the Chief of the National Guard Bureau shall jointly provide to the congressional defense committees a briefing on the status of the implementation of the Space National Guard pursuant to this section and the amendments made by this section.

(B) Elements.--The briefing required by subparagraph (A) shall address--

(i) the current missions, operations and activities, personnel requirements and status, and budget and funding requirements and status of the Space National Guard; and

(ii) such other matters with respect to the implementation and operation of the Space National Guard as the Secretary and the Chiefs jointly determine appropriate to keep Congress fully and currently informed on the status of the implementation of the Space National Guard.

(e) Conforming Amendments and Clarification of Authorities.--

(1) Definitions.--

(A) Title 10, united states code.--Title 10, United States Code, is amended--

(i) in section 101(c)--

(I) by redesignating paragraphs (6) and (7) as paragraphs

(8) and (9), respectively; and

(II) by inserting after paragraph (5) the following new paragraphs:

``(6) The term `Space National Guard' means that part of the organized militia of the several States and territories, Puerto Rico, and the District of Columbia, active and inactive, that--

``(A) is a space force;

``(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;

``(C) is organized, armed, and equipped wholly or partly at Federal expense; and

``(D) is federally recognized.

``(7) The term `Space National Guard of the United States' means the reserve component of the Space Force all of whose members are members of the Space National Guard.''; and

(ii) in section 10101--

(I) in the matter preceding paragraph (1), by inserting

``the following'' before the colon; and

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

``(8) The Space National Guard of the United States.''.

(B) Title 32, united states code.--Section 101 of title 32, United States Code is amended--

(i) by redesignating paragraphs (8) through (19) as paragraphs (10) through (21), respectively; and

(ii) by inserting after paragraph (7) the following new paragraphs:

``(8) The term `Space National Guard' means that part of the organized militia of the several States and territories, Puerto Rico, and the District of Columbia, in which the Space Force operates, active and inactive, that--

``(A) is a space force;

``(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;

``(C) is organized, armed, and equipped wholly or partly at Federal expense; and

``(D) is federally recognized.

``(9) The term `Space National Guard of the United States' means the reserve component of the Space Force all of whose members are members of the Space National Guard.''.

(2) Reserve components.--Chapter 1003 of title 10, United States Code, is amended--

(A) by adding at the end the following new sections:

``Sec. 10115. Space National Guard of the United States: composition

``The Space National Guard of the United States is the reserve component of the Space Force that consists of--

``(1) federally recognized units and organizations of the Space National Guard; and

``(2) members of the Space National Guard who are also Reserves of the Space Force.

``Sec. 10116. Space National Guard: when a component of the

Space Force

``The Space National Guard while in the service of the United States is a component of the Space Force.

``Sec. 10117. Space National Guard of the United States: status when not in Federal service

``When not on active duty, members of the Space National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Space National Guard.''; and

(B) in the table of sections at the beginning of such chapter, by adding at the end the following new items:

``10115. Space National Guard of the United States: composition.

``10116. Space National Guard: when a component of the Space Force.

``10117. Space National Guard of the United States: status when not in

Federal service.''.

______

SA 5602. Mrs. FEINSTEIN 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 XXVII, add the following:

SEC. 2703. AUTHORIZATION TO FUND CERTAIN DEMOLITION AND

REMOVAL ACTIVITIES THROUGH DEPARTMENT OF

DEFENSE BASE CLOSURE ACCOUNT.

Section 2906(c)(1) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new subparagraph:

``(E) To carry out the demolition or removal of any building or structure under the control of the Secretary of the Navy that is not designated as historic under a Federal, State, or local law and is located on a military installation closed or realigned under a base closure law (as such term is defined in section 101 of title 10, United States Code) at which the sampling or remediation of radiologically contaminated materials has been the subject of substantiated allegations of fraud, without regard to--

``(i) whether the building or structure is radiologically impacted; or

``(ii) whether such demolition or removal is carried out, as part of a response action or otherwise, under the Defense Environmental Restoration Program specified in subparagraph

(A) or CERCLA (as such term is defined in section 2700 of title 10, United States Code).''.

______

SA 5603. Mrs. FEINSTEIN 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. DEFINITION OF LAND USE REVENUE UNDER WEST LOS

ANGELES LEASING ACT OF 2016.

Section 2(d)(2) of the West Los Angeles Leasing Act of 2016

(Public Law 114-226) is amended--

(1) in subparagraph (A), by striking ``; and'' and inserting a semicolon;

(2) by redesignating subparagraph (B) as subparagraph (C); and

(3) by inserting after subparagraph (A) the following new subparagraph:

``(B) any funds received as compensation for an easement described in subsection (e); and''.

______

SA 5604. Ms. CORTEZ MASTO 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. AIR FORCE ASSESSMENT OF COMBAT-TO-DWELL POLICY AND

HEALTH WITHIN THE REMOTELY PILOTED AIRCRAFT

COMMUNITY.

(a) Assessment Required.--The Secretary of the Air Force shall conduct an assessment of--

(1) the combat-to-dwell policy of the Air Force; and

(2) health and wellness within the remotely piloted aircraft community.

(b) Briefing and Report Required.--The Secretary of Air Force shall--

(1) brief the Committees on the Armed Services of the Senate and the House of Representatives on the status of the assessment required by subsection (a) not later than 180 days after the date of the enactment of this Act; and

(2) submit to those committees a report on the assessment at a time agreed to at the time of the briefing.

(b)(2) shall include the following:

(1) A description of the extent to which data is being collected on the current status and strategy of achieving combat-to-dwell policy for the remotely piloted aircraft community, including with respect to the following:

(A) The retention rate of pilots of remotely piloted aircraft.

(B) The retention rate of sensor operators for remotely piloted aircraft.

(2) An assessment of the progress on the metric (or set of metrics) that allows the Air Force to track changes in the number of pilots and sensor operators of remotely piloted aircraft from its combined accession and retention efforts over a projected timeline of implementing the combat-to-dwell policy by 2024.

(3) A description of how the Air Force is addressing the health and wellness of the remotely piloted aircraft community after the closure of the Culture and Process Improvement Program, including with respect to the following:

(A) Work shifts and hours.

(B) Back, eyes, and other physical issues.

______

SA 5605. Mr. INHOFE 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. COST-SHARING REQUIREMENTS APPLICABLE TO CERTAIN

BUREAU OF RECLAMATION DAMS AND DIKES.

Section 4309 of the America's Water Infrastructure Act of 2018 (43 U.S.C. 377b note; Public Law 115-270) is amended--

(1) in the section heading, by inserting ``dams and'' before ``dikes'';

(2) in subsection (a), by striking ``effective beginning on the date of enactment of this section, the Federal share of the operations and maintenance costs of a dike described in subsection (b)'' and inserting ``the Federal share of the dam safety modifications costs of a dike described in subsection

(c)'';

(3) by redesignating subsection (b) as subsection (c);

(4) by inserting after subsection (a) the following:

``(b) Gate Repairs.--Notwithstanding any other provision of law (including regulations), effective during the 10-year period beginning on the date of enactment of this Act, the Federal share of the costs to repair or replace a gate and any ancillary gate components of a dam described in subsection (c) shall be 100 percent.''; and

(5) in subsection (c) (as so redesignated)--

(A) in the subsection heading, by inserting ``Dams and '' before ``Dikes'';

(B) in the matter preceding paragraph (1), by striking ``A dike referred to in subsection (a) is a'' and inserting ``A dam or dike referred to in subsections (a) and (b) is a dam or''; and

______

SA 5606. Mr. HAWLEY 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 521.

______

SA 5607. Mr. HAGERTY 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. ADVANCE CONSULTATION WITH STATE AND LOCAL

OFFICIALS AND MONTHLY REPORTS TO CONGRESS

REGARDING THE RESETTLEMENT, TRANSPORTATION, AND

RELOCATION OF ALIENS IN THE UNITED STATES.

(a) Consultation Requirement.--Not later than 3 business days before any resettlement, transportation, or relocation of non-detained aliens in the United States that is directed, administered, or funded by the Federal Government, the Secretary of Health and Human Services (in the case of minors) or the Secretary of Homeland Security (in the case of adults), as appropriate, shall consult with the governors and municipal chief executives of the directly affected States and local jurisdictions regarding the proposed resettlement, transportation, or relocation.

(b) Reports Required.--Not later than 7 days after the date of the enactment of this Act, and monthly thereafter, the Secretary of Health and Human Services and the Secretary of Homeland Security, in consultation with other appropriate Federal officials, shall--

(1) submit a State-specific report regarding the resettlement, transportation, or relocation of non-detained aliens in the United States during the preceding month that was directed, administered, or funded by the Federal Government or that involved aliens subject to the U.S. Immigration and Customs Enforcement's Alternatives to Detention program that contains the information described in subsection (c) to--

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

(B) the Committee on Appropriations of the Senate;

(D) the Committee on Appropriations of the House of Representatives; and

(E) the governor of each affected State; and

(2) make the report described in paragraph (1) available on a publicly accessible website.

(1) the number of aliens resettled, transported, or relocated during the previous month and the current calendar year, disaggregated by--

(A) the numbers of single adults, members of family units, and minors;

(B) age;

(D) country of origin;

(2) the methods used to determine the ages of such aliens;

(3) the methods used to verify the familial status of such aliens;

(4) the types of settings in which such aliens are being resettled, transported, or relocated, which may be aggregated by the general type of setting;

(5) a summary of the educational or occupational resources or assistance provided to such aliens;

(6) whether such aliens are granted permits to work and how any such aliens without a work permit will financially support themselves;

(7) the amounts and types of Federal resources spent on alien resettlement, transportation, or relocation; and

(8) whether the aliens are being resettled, transported, or relocated on a temporary or permanent basis, disaggregated by--

(A) the numbers of single adults, members of family units, and minors;

(B) age;

(D) country of origin.

______

SA 5608. Mr. HAGERTY 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 XII, add the following:

SEC. 1226. CONGRESSIONAL REVIEW OF CERTAIN ACTIONS RELATING

TO SANCTIONS IMPOSED WITH RESPECT TO IRAN.

(a) Submission to Congress of Proposed Action.--

(1) In general.--Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to the appropriate congressional committees and leadership a report that describes the proposed action and the reasons for that action.

(2) Actions described.--

(A) In general.--An action described in this paragraph is--

(i) an action to terminate the application of any sanctions described in subparagraph (B);

(ii) with respect to sanctions described in subparagraph

(B) imposed by the President with respect to a person, an action to waive the application of those sanctions with respect to that person; or

(iii) a licensing action that significantly alters United States foreign policy with respect to Iran.

(B) Sanctions described.--The sanctions described in this subparagraph are sanctions with respect to Iran provided for under--

(i) the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note);

(ii) the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.);

(iii) section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a);

(iv) the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.);

(v) the Iran Freedom and Counter-Proliferation Act of 2012

(22 U.S.C. 8801 et seq.);

(vi) the International Emergency Economic Powers Act (50 U.S.C. 1701 note); or

(vii) any other statute or Executive order that requires or authorizes the imposition of sanctions with respect to Iran.

(3) Description of type of action.--Each report submitted under paragraph (1) with respect to an action described in paragraph (2) shall include a description of whether the action--

(A) is not intended to significantly alter United States foreign policy with respect to Iran; or

(B) is intended to significantly alter United States foreign policy with respect to Iran.

(4) Inclusion of additional matter.--

(A) In general.--Each report submitted under paragraph (1) that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran shall include a description of--

(i) the significant alteration to United States foreign policy with respect to Iran;

(ii) the anticipated effect of the action on the national security interests of the United States; and

(iii) the policy objectives for which the sanctions affected by the action were initially imposed.

(B) Requests from banking and financial services committees.--The Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives may request the submission to the Committee of the matter described in clauses (ii) and

(iii) of subparagraph (A) with respect to a report submitted under paragraph (1) that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran.

(5) Confidentiality of proprietary information.-- Proprietary information that can be associated with a particular person with respect to an action described in paragraph (2) may be included in a report submitted under paragraph (1) only if the appropriate congressional committees and leadership provide assurances of confidentiality, unless that person otherwise consents in writing to such disclosure.

(6) Rule of construction.--Paragraph (2)(A)(iii) shall not be construed to require the submission of a report under paragraph (1) with respect to the routine issuance of a license that does not significantly alter United States foreign policy with respect to Iran.

(b) Period for Review by Congress.--

(1) In general.--During the period of 30 calendar days beginning on the date on which the President submits a report under subsection (a)(1)--

(A) in the case of a report that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report; and

(B) in the case of a report that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report.

(2) Exception.--The period for congressional review under paragraph (1) of a report required to be submitted under subsection (a)(1) shall be 60 calendar days if the report is submitted on or after July 10 and on or before September 7 in any calendar year.

(3) Limitation on actions during initial congressional review period.--Notwithstanding any other provision of law, during the period for congressional review provided for under paragraph (1) of a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2), including any additional period for such review as applicable under the exception provided in paragraph (2), the President may not take that action unless a joint resolution of approval with respect to that action is enacted in accordance with subsection (c).

(4) Limitation on actions during presidential consideration of a joint resolution of disapproval.--Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), the President may not take that action for a period of 12 calendar days after the date of passage of the joint resolution of disapproval.

(5) Limitation on actions during congressional reconsideration of a joint resolution of disapproval.-- Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), and the President vetoes the joint resolution, the President may not take that action for a period of 10 calendar days after the date of the President's veto.

(6) Effect of enactment of a joint resolution of disapproval.--Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) is enacted in accordance with subsection (c), the President may not take that action.

(1) Definitions.--In this subsection:

(A) Joint resolution of approval.--The term ``joint resolution of approval'' means only a joint resolution of either House of Congress--

(i) the title of which is as follows: ``A joint resolution approving the President's proposal to take an action relating to the application of certain sanctions with respect to Iran.''; and

(ii) the sole matter after the resolving clause of which is the following: ``Congress approves of the action relating to the application of sanctions imposed with respect to Iran proposed by the President in the report submitted to Congress under section 1226(a)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 on _______ relating to ________.'', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.

(B) Joint resolution of disapproval.--The term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress--

(i) the title of which is as follows: ``A joint resolution disapproving the President's proposal to take an action relating to the application of certain sanctions with respect to Iran.''; and

(ii) the sole matter after the resolving clause of which is the following: ``Congress disapproves of the action relating to the application of sanctions imposed with respect to Iran proposed by the President in the report submitted to Congress under section 1226(a)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 on _______ relating to ________.'', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.

(2) Introduction.--During the period of 30 calendar days provided for under subsection (b)(1), including any additional period as applicable under the exception provided in subsection (b)(2), a joint resolution of approval or joint resolution of disapproval may be introduced--

(A) in the House of Representatives, by the majority leader or the minority leader; and

(B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee).

(3) Floor consideration in house of representatives.--If a committee of the House of Representatives to which a joint resolution of approval or joint resolution of disapproval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.

(4) Consideration in the senate.--

(A) Committee referral.--A joint resolution of approval or joint resolution of disapproval introduced in the Senate shall be--

(i) referred to the Committee on Banking, Housing, and Urban Affairs if the joint resolution relates to a report under subsection (a)(3)(A) that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran; and

(ii) referred to the Committee on Foreign Relations if the joint resolution relates to a report under subsection

(a)(3)(B) that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran.

(B) Reporting and discharge.--If the committee to which a joint resolution of approval or joint resolution of disapproval was referred has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.

(C) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Banking, Housing, and Urban Affairs or the Committee on Foreign Relations, as the case may be, reports a joint resolution of approval or joint resolution of disapproval to the Senate or has been discharged from consideration of such a joint resolution

(even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.

(D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of approval or joint resolution of disapproval shall be decided without debate.

(E) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a joint resolution of approval or joint resolution of disapproval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

(5) Rules relating to senate and house of representatives.--

(A) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a joint resolution of approval or a joint resolution of disapproval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action):

(i) The joint resolution shall be referred to the appropriate committees.

(ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.

(iii) Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

(iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.

(B) Treatment of house joint resolution in senate.--

(i) Receipt before passage.--If, before the passage by the Senate of a joint resolution of approval or joint resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:

(I) That joint resolution shall not be referred to a committee.

(II) With respect to that joint resolution--

(aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but

(bb) the vote on passage shall be on the joint resolution from the House of Representatives.

(ii) Receipt after passage.--If, following passage of a joint resolution of approval or joint resolution of disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.

(iii) No companion measure.--If a joint resolution of approval or a joint resolution of disapproval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution.

(C) Application to revenue measures.--The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval or joint resolution of disapproval that is a revenue measure.

(6) Rules of house of representatives and senate.--This subsection is enacted by Congress--

(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and

(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

(d) Appropriate Congressional Committees and Leadership Defined.--In this section, the term ``appropriate congressional committees and leadership'' means--

(1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the majority and minority leaders of the Senate; and

(2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Speaker, the majority leader, and the minority leader of the House of Representatives.

______

SA 5609. Mr. HAGERTY 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. OFFICE OF GLOBAL WOMEN'S ISSUES AND THE WOMEN'S

GLOBAL DEVELOPMENT AND PROSPERITY INITIATIVE.

Chapter 1 of part I of the Foreign Assistance Act of 1961

(22 U.S.C. 2151 et seq.) is amended by adding at the end the following:

``SEC. 138. OFFICE OF GLOBAL WOMEN'S ISSUES AND THE WOMEN'S

GLOBAL DEVELOPMENT AND PROSPERITY INITIATIVE.

``(a) In General.--The Secretary of State shall establish, in the Office of the Secretary of State, the Office of Global Women's Issues (referred to in this section as the `Office').

``(b) Purpose; Duties.--

``(1) Purpose.--The purpose of the Office is to advance equal opportunity for women and the status of women and girls in United States foreign policy.

``(2) Duties.--In carrying out the purpose described in paragraph (1), the Office--

``(A)(i) shall advise the Secretary of State and provide input on all activities, policies, programs, and funding relating to equal opportunity for women and the advancement of women and girls internationally to all bureaus and offices of the Department of State; and

``(ii) may, as appropriate, provide to the international programs of other Federal agencies input on all activities, policies, programs, and funding relating to equal opportunity for women and the advancement of women and girls internationally;

``(B)(i) shall work to ensure that efforts to advance equal opportunity for women and men and women's and girls' empowerment are fully integrated into the programs, structures, processes, and capacities of all bureaus and offices of the Department of State; and

``(ii) may, as appropriate, work to ensure that efforts to advance equal opportunity for women and men and women's and girls' empowerment are fully integrated into the international programs of other Federal agencies;

``(C) shall implement the Women's Global Development and Prosperity Initiative, in accordance with subsection (c); and

``(D) may not engage in any activities not described in subparagraphs (A) through (C).

``(c) Women's Global Development and Prosperity Initiative.--

``(1) Establishment.--The Secretary of State shall establish the Women's Global Development and Prosperity Initiative (referred to in this subsection as the

`Initiative') to carry out the activities described in paragraphs (2) through (4).

``(2) Women prospering in the workforce.--The Initiative shall advance women in the workforce by improving their access to quality vocational education and skills training, which will enable them to secure jobs in their local economies.

``(3) Women succeeding as entrepreneurs.--The Initiative shall promote women's entrepreneurship and increasing access to capital, financial services, markets, technical assistance, and mentorship.

``(4) Women enabled in the economy.--The Initiative shall identify and reduce the binding constraints in economic and property laws and practices that prevent women's full and free participation in the global economy and promote foundational legal reforms, including--

``(A) ensuring that women can fully participate in the workforce and engage in economic activities by--

``(i) ending impunity for violence against women;

``(ii) ensuring that women have the authority to sign legal documents, such as contracts and court documents; and

``(iii) addressing unequal access to courts and administrative bodies for women, whether officially or through lack of proper enforcement;

``(B) ensuring women's equal access to credit and capital to start and grow their businesses, savings, and investments, including prohibiting discrimination in access to credit on the basis of sex or marital status;

``(C) lifting restrictions on women's right to own, manage, and make decisions relating to the use of property, including repealing limitations on inheritance and ensuring the ability to transfer, purchase, or lease such property;

``(D) addressing constraints on women's freedom of movement, including sex-based restrictions on obtaining passports and identification documents; and

``(E) promoting the free and equal participation of women in the economy with regard to working hours, occupations, and occupational tasks.

``(d) Supervision.--The Office shall be headed by an Ambassador-at-Large for Global Women's Issues and the Women's Global Development and Prosperity Initiative (referred to in this section as the `Ambassador'), who shall--

``(1) be appointed by the President, with the advice and consent of the Senate;

``(2) report directly to the Secretary; and

``(3) have the rank and status of Ambassador-at-Large.

``(e) Coordination.--United States Government efforts to advance women's economic empowerment globally shall be closely aligned and coordinated with the Initiative.

``(f) Abortion Neutrality.--

``(1) Prohibitions.--The Office, the Initiative, and the Ambassador may not--

``(A) lobby other countries, including through multilateral mechanisms and foreign nongovernmental organizations--

``(i) to change domestic laws or policies with respect to abortion; or

``(ii) to include abortion as a programmatic requirement of any foreign activities; or

``(B) provide Federal funding appropriated for foreign assistance to pay for or to promote abortion.

``(2) Limitations on use of funds.--Amounts appropriated for the Office or the Initiative may not be used--

``(A) to lobby other countries, including through multilateral mechanisms and foreign nongovernmental organizations--

``(i) to change domestic laws or policies with respect to abortion; or

``(ii) to include abortion as a programmatic requirement of any foreign activities; or

``(B) to provide Federal foreign assistance funding to pay for or to promote abortion.

``(3) Construction.--Nothing in this subsection may be construed to prevent--

``(A) the funding of activities for the purpose of treating injuries or illnesses caused by legal or illegal abortions; or

``(B) agencies or officers of the United States from engaging in activities in opposition to policies of coercive abortion or involuntary sterilization.

``(g) Report.--Not later than 180 days after the date of the enactment of this section, and not less frequently than annually thereafter, the Secretary of State shall--

``(1) submit a written report to the Committee on Appropriations of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives that describes the implementation of this section, including--

``(A) measures taken to ensure compliance with subsection

(f); and

``(B) with respect to funds appropriated pursuant to subsection (h)--

``(i) amounts awarded to prime recipients and subrecipients since the end of the previous reporting period; and

``(ii) descriptions of each program for which such funds are used; and

``(2) make such report publicly available.

``(h) Funding.--

``(1) In general.--There shall be reserved to carry out this section, from funds made available for development assistance programs of the United States Agency for International Development, $200,000,000, for each of the fiscal years 2023 through 2027, which shall be--

``(A) deposited into the Women's Global Development and Prosperity Fund (W-GDP);

``(B) administered by the United States Agency for International Development;

``(C) expended solely for the purpose, duties, and activities set forth in subsections (b) and (c); and

``(D) expended, to the greatest extent practicable, in support of removing legal barriers to women's economic freedom in accordance with the findings of the W-GDP Women's Economic Freedom Index report published by the Council of Economic Advisers in February 2020.

``(2) Requirement.--Notwithstanding paragraph (1), amounts reserved under paragraph (1) for fiscal year 2024, or for any later fiscal year, may not be obligated or expended unless the most recent report submitted pursuant to subsection

(g)(1) includes the information required under subparagraphs

(A) and (B) of subsection (g)(1).

``(3) Oversight.--The expenditure of amounts reserved under paragraph (1) shall be jointly overseen by--

``(A) the United States Agency for International Development;

``(B) the Ambassador; and

``(C) the Initiative.''.

______

SA 5610. Mr. HAGERTY 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 XV, add the following:

SEC. 1531. REPORT ON INCREASING TRAINING CAPACITY FOR WEAPONS

OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.

Not later than December 31, 2023, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Secretary of Energy, shall submit to the congressional defense committees a report--

(1) assessing the feasibility of increasing training capacity for weapons of mass destruction civil support teams, including through--

(A) the establishment of new facilities and programs to provide such training; and

(B) the augmentation of existing facilities and programs to provide such training;

(2) estimating the costs associated with increasing training capacity as described in paragraph (1); and

(3) identifying facilities and programs that could be established or augmented as described in paragraph (1).

______

SA 5611. Mr. HAGERTY 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. REPORT ON IMPACT OF GLOBAL CRITICAL MINERAL AND

METAL RESERVES ON UNITED STATES MILITARY

EQUIPMENT SUPPLY CHAINS.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Energy, shall submit to Congress a report on the impact of global critical mineral and metal reserves on United States military equipment supply chains.

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

(1) an assessment of the efforts of the People's Republic of China and the Russian Federation to acquire global reserves of critical minerals and metals, including reserves of lithium, tungsten, tantalum, cobalt, and molybdenum;

(2) a description of the efforts of the Department of Defense to procure critical minerals and metals; and

(3) a description of planned investments by the Department to ensure the resiliency and security of United States military supply chains requiring critical minerals and metals.

______

SA 5612. Mr. HAGERTY 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. _____. DISCLOSE GOVERNMENT CENSORSHIP.

(a) Definitions.--In this section:

(1) Information content provider; interactive computer service.--The terms ``information content provider'' and

``interactive computer service'' have the meanings given the terms in section 230 of the Communications Act of 1934 (47 U.S.C. 230).

(2) Legitimate law enforcement purpose.--The term

``legitimate law enforcement purpose'' means for the purpose of investigating a criminal offense by a law enforcement agency that is within the lawful authority of that agency.

(3) National security purpose.--The term ``national security purpose'' means a purpose that relates to--

(A) intelligence activities;

(B) cryptologic activities related to national security;

(D) equipment that is an integral part of a weapon or weapons system; or

(E) the direct fulfillment of military or intelligence missions.

(b) Disclosures.--

(1) In general.--Except as provided in paragraph (3), any officer or employee in the executive or legislative branch shall disclose and, in the case of a written communication, make available for public inspection, on a public website in accordance with paragraph (4), any communication by that officer or employee with a provider or operator of an interactive computer service regarding action or potential action by the provider or operator to restrict access to or the availability of, bar or limit access to, or decrease the dissemination or visibility to users of, material posted by another information content provider, whether the action is or would be carried out manually or through use of an algorithm or other automated or semi-automated process.

(2) Timing.--The disclosure required under paragraph (1) shall be made not later than 7 days after the date on which the communication is made.

(3) Legitimate law enforcement and national security purposes.--

(A) In general.--Any communication for a legitimate law enforcement purpose or national security purpose shall be disclosed and, in the case of a written communication, made available for inspection, to each House of Congress.

(B) Timing.--The disclosure required under subparagraph (A) shall be made not later than 60 days after the date on which the communication is made.

(C) Receipt.--Upon receipt, each House shall provide copies to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate regarding the subject matter to which the communication pertains. Such information shall be deemed the property of such committee and may not be disclosed except--

(i) in accordance with the rules of the committee;

(ii) in accordance with the rules of the House of Representatives and the Senate; and

(iii) as permitted by law.

(4) Website.--

(A) Legislative branch.--The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives shall designate a single location on an internet website where the disclosures and communications of employees and officers in the legislative branch shall be published in accordance with paragraph (1).

(B) Executive branch.--The Director of the Office of Management and Budget shall designate a single location on an internet website where the disclosures and communications of employees and officers in the executive branch shall be published in accordance with paragraph (1).

(5) Notice.--The Sergeant at Arms of the Senate, the Sergeant at Arms of the House of Representatives, and the Director of the Office of Management and Budget shall take reasonable steps to ensure that each officer and employee of the legislative branch and executive branch, as applicable, are informed of the duties imposed by this section.

(6) Conflicts of interest.--Any person who is a former officer or employee of the executive branch of the United States (including any independent agency) or any person who is a former officer or employee of the legislative branch or a former Member of Congress, who personally and substantially participated in any communication under paragraph (1) while serving as an officer, employee, or Member of Congress, shall not, within 2 years after any such communication under paragraph (1) or 1 year after termination of his or her service as an officer, employee, or Member of Congress, whichever is later, knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States, on behalf of any person with which the former officer or employee personally and substantially participated in such communication under paragraph (1).

(7) Penalties.--Any person who violates paragraph (1), (2),

(3), or (6) shall be punished as provided in section 216 of title 18, United States Code.

______

SA 5613. Mr. HAGERTY 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 III, add the following:

SEC. 357. BRIEFING ON DEPOT MAINTENANCE.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Readiness shall brief the congressional defense committees on the source of repair decision-making process of the Department of Defense for depots.

(b) Elements.--The briefing required under subsection (a) shall include--

(1) information on how costs and risks to readiness of the Armed Forces are being addressed in the process described in subsection (a);

(2) a timeline for decision making under such process; and

(3) an assessment of the objective balance of workload between the public and private sectors under such process.

______

SA 5614. Mr. HAGERTY 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 III, add the following:

SEC. 357. REQUIREMENT TO MAINTAIN ACCESS TO CERTAIN CATEGORY

3 SUBTERRANEAN TRAINING FACILITIES.

(a) In General.--The Secretary of Defense shall ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis.

(b) Authority to Enter Into Lease.--The Secretary may enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of compliance with subsection (a).

(c) Covered Category 3 Subterranean Training Facility Defined.--In this section, the term ``covered category 3 subterranean training facility'' means a category 3 subterranean training facility that is--

(1) operational as of the date of the enactment of this Act; and

(2) determined by the Secretary to be safe for use as of such date.

______

SA 5615. Mrs. BLACKBURN (for herself and Mr. Lujan) 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. ___. STUDY ON NATIONAL LABORATORY CONSORTIUM FOR CYBER

RESILIENCE.

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

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

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

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

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

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

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

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

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

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

______

SA 5616. Mrs. HYDE-SMITH 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 REDUCTION IN NUMBER OF T-1A AIRCRAFT

IN THE TRAINING AIRCRAFT INVENTORY.

None of the funds authorized to be appropriated by this Act for the Air Force for fiscal year 2023 may be used to reduce the number of T-1A aircraft in the training aircraft inventory of the Air Force.

______

SA 5617. Mrs. HYDE-SMITH 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 V, add the following:

SEC. 517. DIVESTITURE OF TACTICAL CONTROL PARTY.

No divestiture of any Tactical Control Party specialist force structure from the Air National Guard may occur until the Chief of the National Guard Bureau, in consultation with the Chief of Staff of the Army and the Chief of Staff of the Air Force, provides a report to the congressional defense committees describing--

(1) the capability gaps caused by divestiture of Tactical Control Party force structure from the Air National Guard and its impact on the Department of Defense to execute the National Defense Strategy; and

(2) the impacts of such divestiture to the operational capabilities of the Army National Guard.

______

SA 5618. 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 II, insert the following:

SEC. ___. PROHIBITION ON AVAILABILITY OF FUNDS FOR ENTITIES

WHO MAINTAIN CONTRACTS WITH CERTAIN

INSTITUTIONS OF HIGHER EDUCATION DOMICILED IN

THE PEOPLE'S REPUBLIC OF CHINA.

(a) Prohibition.--None of the funds authorized to be appropriated by section 201 may be obligated or expended to provide to an entity that maintains a contract between the entity and an entity identified on the list established under subsection (b)(2).

(b) List.--

(1) Identification.--The Secretary of Defense shall, in consultation with the Director of National Intelligence, identify each entity that is an institution of higher education domiciled in the People's Republic of China that provides support to the People's Liberation Army, including involvement in the implementation of the military-civil fusion strategy of China and participation in the defense industrial base of China.

(2) Establishment and submittal to congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish and submit to the appropriate congressional committees a list of each entity identified pursuant to paragraph (1).

(3) Additions and deletions.--The Secretary shall, in consultation with the Director, make additions or deletions to the most recent list established under paragraph (2) on an ongoing basis based on the latest information available to the Secretary.

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

(A) the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Health, Education, Labor and Pensions of the Senate; and

(B) the Committee on Armed Services, the Committee on Education and Labor, and the Permanent Select Committee on Intelligence of the House of Representatives.

______

SA 5619. 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. REPORT ON PHARMACEUTICALS IMPORTED FROM THE

PEOPLE'S REPUBLIC OF CHINA.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commissioner of Food and Drugs, in consultation with the United States Trade Representative, shall submit to the appropriate congressional committees a report that sets forth a list of--

(1) each finished pharmaceutical product that is imported into the United States from the People's Republic of China in a quantity that exceeds 20 percent of the quantity of the product available for use in the United States; and

(2) each active pharmaceutical ingredient that is imported into the United States from the People's Republic of China in a quantity that exceeds 20 percent of the quantity of the ingredient available for use in the United States.

(b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--

(1) the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate; and

(2) the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives.

______

SA 5620. Mr. MENENDEZ (for himself and Mr. Risch) 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 the bill, add the following:

DIVISION E--DEPARTMENT OF STATE AUTHORIZATIONS

SEC. 5001. SHORT TITLE.

This division may be cited as the ``Department of State Authorization Act of 2022''.

SEC. 5002. DEFINITIONS.

In this division:

(1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development.

(2) Appropriate congressional committees.--The term

``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(3) Department.--Unless otherwise specified, the term

``Department'' means the Department of State.

(4) Secretary.--Unless otherwise specified, the term

``Secretary'' means the Secretary of State.

(5) USAID.--The term ``USAID'' means the United States Agency for International Development.

TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE

SEC. 5101. MODERNIZING THE BUREAU OF ARMS CONTROL,

VERIFICATION, AND COMPLIANCE AND THE BUREAU OF

INTERNATIONAL SECURITY AND NONPROLIFERATION.

It is the sense of Congress that--

(1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation;

(2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and

(3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China's conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons.

SEC. 5102. NOTIFICATION TO CONGRESS FOR UNITED STATES

NATIONALS UNLAWFULLY OR WRONGFULLY DETAINED

ABROAD.

Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741) is amended--

(1) in subsection (a), by inserting ``, as expeditiously as possible,'' after ``review''; and

(2) by amending subsection (b) to read as follows:

``(b) Referrals to Special Envoy; Notification to Congress.--

``(1) In general.--Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall--

``(A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and

``(B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination.

``(2) Form.--The notification described in paragraph (1)(B) may be classified, if necessary.''.

SEC. 5103. FAMILY ENGAGEMENT COORDINATOR.

Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741a) is amended by adding at the end the following:

``(d) Family Engagement Coordinator.--There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure--

``(1) for a United States national unlawfully or wrongfully detained abroad, that--

``(A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion;

``(B) such family member receives consistent and accurate information from the United States Government; and

``(C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and

``(2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2).''.

SEC. 5104. REWARDS FOR JUSTICE.

Section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) is amended--

(1) in paragraph (4), by striking ``or (10);'' and inserting ``(10), or (14);'';

(2) in paragraph (12), by striking ``or'' at the end;

(3) in paragraph (13), by striking the period at the end and inserting ``; or''; and

(4) by adding at the end the following:

``(14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country.''.

SEC. 5105. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY OF

PASSPORT AGENCIES.

(a) Sense of Congress.--It is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies.

(b) Review.--The Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify--

(1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency;

(2) the per capita demand for passport services in the areas described in paragraph (1); and

(3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services.

(b) when determining locations for the establishment of new physical passport agencies.

(d) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b).

SEC. 5106. CULTURAL ANTIQUITIES TASK FORCE.

The Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force.

SEC. 5107. BRIEFING ON ``CHINA HOUSE''.

Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees regarding the organizational structure, personnel, resources, and mission of the Department of State's ``China House'' team.

SEC. 5108. OFFICE OF SANCTIONS COORDINATION.

(a) Extension of Authorities.--Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended, in paragraph (4)(B) of subsection (l), as redesignated by section 5502(a)(2) of this Act, by striking

``the date that is two years after the date of the enactment of this subsection'' and inserting ``December 31, 2024''.

(b) Briefing.--Not later than 90 days after the date of the enactment of this Act, the Office of Sanctions Coordination shall brief the appropriate congressional committees with respect to the steps the Office has taken to coordinate its activities with the Office of Foreign Assets Control and humanitarian aid programs, in an effort to help ensure appropriate flows of humanitarian assistance and goods to countries subject to United States sanctions.

TITLE LII--PERSONNEL ISSUES

SEC. 5201. DEPARTMENT OF STATE PAID STUDENT INTERNSHIP

PROGRAM.

(a) In General.--The Secretary shall establish the Department of State Student Internship Program (referred to in this section as the ``Program'') to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives.

(b) Eligibility.--An applicant is eligible to participate in the Program if the applicant--

(1) is enrolled at least half-time at--

(A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965

(20 U.S.C. 1002(a))); or

(B) an institution of higher education based outside the United States, as determined by the Secretary of State; and

(2) is eligible to receive and hold an appropriate security clearance.

(c) Selection.--The Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs.

(d) Outreach.--The Secretary shall--

(1) widely advertise the Program, including--

(A) on the internet;

(B) through the Department's Diplomats in Residence program; and

(2) conduct targeted outreach to encourage participation in the Program from--

(A) individuals belonging to an underrepresented group; and

(B) students enrolled at minority-serving institutions

(which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(e) Compensation.--

(1) Housing assistance.--

(A) Abroad.--The Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States.

(B) Domestic.--The Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student's permanent address.

(2) Travel assistance.--The Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is--

(A) more than 50 miles from the student's permanent address; or

(B) outside of the United States.

(f) Working With Institutions of Higher Education.--The Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled.

(g) Transition Period.--

(1) In general.--Except as provided in paragraphs (2) and

(3), beginning not later than 2 years after the date of the enactment of this Act--

(A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and

(B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit.

(2) Exception.--The transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program.

(3) Waiver.--

(A) In general.--The Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to--

(i) the appropriate congressional committees;

(ii) the Committee on Appropriations of the Senate; and

(iii) the Committee on Appropriations of the House of Representatives.

(B) Report.--The report required under subparagraph (A) shall--

(i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and

(ii)(I) provide justification for maintaining such unpaid status indefinitely; or

(II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future.

(h) Reports.--Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection

(g)(3)(A) that includes--

(1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status;

(2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted;

(3) information on Program expenditures; and

(4) information regarding the Department's compliance with subsection (g).

(i) Voluntary Participation.--

(1) In general.--Nothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary.

(2) Privacy protection.--Any data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.

(j) Special Hiring Authority.--Notwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may--

(1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and

(2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service.

(k) Availability of Appropriations.--Internships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading ``Diplomatic Programs''.

SEC. 5202. IMPROVEMENTS TO THE PREVENTION OF, AND THE

RESPONSE TO, HARASSMENT, DISCRIMINATION, SEXUAL

ASSAULT, AND RELATED RETALIATION.

(a) Coordination With Other Agencies.--The Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for--

(1) addressing, reporting, and providing transitioning support;

(2) advocacy, service referrals, and travel accommodations; and

(3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals.

(b) Disciplinary Action.--

(1) Separation for cause.--Section 610(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4010(a)(1)), is amended--

(A) by striking ``decide to''; and

(B) by inserting ``upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault'' before the period at the end.

(2) Update to manual.--The Director of Global Talent shall--

(A) update the ``Grounds for Disciplinary Action'' and

``List of Disciplinary Offenses and Penalties'' sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and

(B) communicate such updates to Department staff through publication in Department Notices.

(1) Placement.--The Secretary shall ensure that the Diplomatic Security Service's Victims' Resource Advocacy Program--

(A) is appropriately staffed by advocates who are physically present at--

(i) the headquarters of the Department; and

(ii) major domestic and international facilities and embassies, as determined by the Secretary;

(B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and

(C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service.

SEC. 5203. INCREASING THE MAXIMUM AMOUNT AUTHORIZED FOR

SCIENCE AND TECHNOLOGY FELLOWSHIP GRANTS AND

COOPERATIVE AGREEMENTS.

Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d(e)(3)) is amended by striking ``$500,000'' and inserting ``$2,000,000''.

SEC. 5204. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN HIRING

AND INVESTIGATIONS.

(a) In General.--The Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights.

(b) Employment Targets.--The Secretary shall seek to employ--

(1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights

(compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and

(2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment.

SEC. 5205. COMMISSION ON REFORM AND MODERNIZATION OF THE

DEPARTMENT OF STATE.

(a) Short Title.--This section may be cited as the

``Commission on Reform and Modernization of the Department of State Act''.

(b) Establishment of Commission.--There is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the ``Commission'').

(1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and

(2) to offer recommendations to the President and Congress related to--

(A) the organizational structure of the Department, including a review of the jurisdictional responsibilities of all of the Department's regional bureaus (the Bureau of African Affairs, the Bureau of East Asian and Pacific Affairs, the Bureau of European and Eurasian Affairs, the Bureau of Near Eastern Affairs, the Bureau of South and Central Asian Affairs, and the Bureau of Western Hemisphere Affairs);

(B) personnel-related matters, including recruitment, promotion, training, and retention of the Department's workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department's workforce represents all of America;

(C) the Department of State's infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security;

(D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests;

(E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 (Public Law 96-465);

(F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual;

(G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and

(H) treaties that impact United States overseas presence.

(d) Membership.--

(1) Composition.--The Commission shall be composed of 8 members, of whom--

(A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate, who shall serve as co-chair of the Commission;

(B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate, who shall serve as co-chair of the Commission;

(D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives;

(E) 1 member shall be appointed by the majority leader of the Senate;

(F) 1 member shall be appointed by the Speaker of the House of Representatives;

(G) 1 member shall be appointed by the minority leader of the Senate; and

(H) 1 member shall be appointed by the minority leader of the House of Representatives.

(2) Qualifications; meetings.--

(A) Membership.--The members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department.

(B) Political party affiliation.--Not more than 4 members of the Commission may be from the same political party.

(i) Initial meeting.--The Commission shall hold the first meeting and begin operations as soon as practicable.

(ii) Frequency.--The Commission shall meet at the call of the co-chairs.

(iii) Quorum.--Five members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony.

(D) Vacancies.--Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment.

(e) Functions of Commission.--

(1) In general.--The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.

(2) Panels.--The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission.

(3) Delegation.--Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section.

(f) Powers of Commission.--

(1) Hearings and evidence.--The Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section--

(A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary;

(B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and

(C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data.

(2) Contracts.--The Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section.

(3) Information from federal agencies.--

(A) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section.

(B) Furnishing information.--Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission.

(C) Handling.--Information may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders.

(4) Assistance from federal agencies.--

(A) Secretary of state.--The Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission's duties under this section.

(B) Other departments and agencies.--Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law.

(C) Cooperation.--The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses.

(5) Assistance from independent organizations.--

(A) In general.--In order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department.

(B) Avoiding duplication.--In analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports.

(6) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(7) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property.

(8) Congressional consultation.--Not less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission.

(g) Staff and Compensation.--

(1) Staff.--

(A) Compensation.--The co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title.

(B) Detail of government employees.--A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(C) Procurement of temporary and intermittent services.-- The co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title.

(2) Commission members.--

(A) Compensation.--

(i) In general.--Except as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section.

(ii) Waiver of certain provisions.--Subsections (a) through

(d) of section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission.

(3) Travel expenses.--While away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code.

(4) Security clearances for commission members and staff.-- The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances.

(h) Report.--

(1) In general.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that--

(A) examines all substantive aspects of Department personnel, management, and operations; and

(B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.

(2) Elements.--The report required under paragraph (1) shall include findings, conclusions, and recommendations related to--

(A) the organizational structure of the Department, including recommendations on whether any of the jurisdictional responsibilities among the bureaus referred to in subsection (c)(2)(A) should be adjusted, with particular focus on the opportunities and costs of adjusting jurisdictional responsibility between the Bureau of Near Eastern Affairs to the Bureau of African Affairs, the Bureau of East Asian and Pacific Affairs, the Bureau of South and Central Asian Affairs, and any other bureaus as may be necessary to advance United States efforts to strengthen its diplomatic engagement in the Indo-Pacific region;

(C) the Department of State's infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security;

(D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests;

(E) core legislation that authorizes United States diplomacy;

(F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual;

(G) treaties that impact United States overseas presence;

(H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts;

(I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and

(J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph.

(3) Department response.--The Secretary shall have the right to review and respond to all Commission recommendations--

(A) before the Commission submits its report to the President and to Congress; and

(B) not later than 90 days after receiving such recommendations from the Commission.

(i) Termination of Commission.--

(1) In general.--The Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h).

(2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph

(1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report.

(j) Authorization of Appropriations.--

(1) In general.--There is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023.

(2) Availability.--Amounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1).

(k) Inapplicability of Certain Administrative Provisions.--

(1) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

(2) Freedom of information act.--The provisions of section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act'') shall not apply to the activities, records, and proceedings of the Commission.

SEC. 5206. FOREIGN AFFAIRS TRAINING.

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

(1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad;

(2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel;

(3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and

(4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses.

(b) Defined Term.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Foreign Relations of the Senate;

(2) the Committee on Appropriations of the Senate;

(3) the Committee on Foreign Affairs of the House of Representatives; and

(4) the Committee on Appropriations of the House of Representatives.

(c) Training and Professional Development Prioritization.-- In order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall--

(1) increase relevant offerings provided by the Department--

(A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or

(B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel--

(i) a more comprehensive outlook on different sectors of United States society; and

(ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success;

(2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector;

(3) increase the duration and expand the focus of certain training and professional development courses, including by extending--

(A) the A-100 entry-level course to as long as 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and

(B) the Chief of Mission course to as long as 6 weeks for first time Chiefs of Mission and creating comparable courses for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles; and

(4) ensure that Foreign Service officers who are assigned to a country experiencing significant population displacement due to the impacts of climatic and non-climatic shocks and stresses, including rising sea levels and lack of access to affordable and reliable energy and electricity, receive specific instruction on United States policy with respect to resiliency and adaptation to such climatic and non-climatic shocks and stresses.

(d) Fellowships.--The Director General of the Foreign Service shall--

(1) expand and establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including--

(A) think tanks and nongovernmental organizations;

(B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), and other relevant Federal agencies;

(C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and

(D) schools of international relations and other relevant programs at universities throughout the United States; and

(2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including--

(A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and

(B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing.

(e) Board of Visitors of the Foreign Service Institute.--

(1) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the ``Board'').

(2) Duties.--The Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management.

(3) Membership.--

(A) In general.--The Board shall be--

(i) nonpartisan; and

(ii) composed of 12 members, of whom--

(I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate;

(II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate;

(III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives;

(IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives; and

(V) 4 members shall be appointed by the Secretary.

(B) Qualifications.--Members of the Board shall be appointed from among individuals who--

(i) are not officers or employees of the Federal Government; and

(ii) are eminent authorities in the fields of diplomacy, national security, management, leadership, economics, trade, technology, or advanced international relations education.

(i) In general.--Not fewer than 6 members of the Board shall have a minimum of 10 years of relevant expertise outside the field of diplomacy.

(ii) Prior senior service at the department.--Not more than 6 members of the Board may be persons who previously served in the Senior Foreign Service or the Senior Executive Service at the Department.

(4) Terms.--Each member of the Board shall be appointed for a term of 3 years, except that of the members first appointed--

(A) 4 members shall be appointed for a term of 3 years;

(B) 4 members shall be appointed for a term of 2 years; and

(5) Reappointment; replacement.--A member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment.

(6) Chairperson; co-chairperson.--

(A) Approval.--The Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board.

(B) Service.--The Chairperson and Vice Chairperson shall serve at the discretion of the Secretary.

(7) Meetings.--The Board shall meet--

(A) at the call of the Director of the Foreign Service Institute and the Chairperson; and

(B) not fewer than 2 times per year.

(8) Compensation.--Each member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board.

(9) Applicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection.

(f) Establishment of Provost of the Foreign Service Institute.--

(1) Establishment.--There is established in the Foreign Service Institute the position of Provost.

(2) Appointment; reporting.--The Provost shall--

(A) be appointed by the Secretary; and

(B) report to the Director of the Foreign Service Institute.

(3) Qualifications.--The Provost shall be--

(A) an eminent authority in the field of diplomacy, national security, education, management, leadership, economics, history, trade, adult education, or technology; and

(B) a person with significant experience outside the Department, whether in other national security agencies or in the private sector, and preferably in positions of authority in educational institutions or the field of professional development and mid-career training with oversight for the evaluation of academic programs.

(4) Duties.--The Provost shall--

(A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute;

(B) coordinate the development of an evaluation system to ascertain how well participants in Foreign Service Institute courses have absorbed and utilized the information, ideas, and skills imparted by each such course, such that performance assessments can be included in the personnel records maintained by the Bureau of Global Talent Management and utilized in Foreign Service Selection Boards, which may include--

(i) the implementation of a letter or numerical grading system; and

(ii) assessments done after the course has concluded; and

(C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers.

(5) Term.--The Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term.

(6) Compensation.--The Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Secretary.

(g) Other Agency Responsibilities and Opportunities for Congressional Staff.--

(1) Other agencies.--National security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole- of-government approach to mitigating national security challenges.

(2) Congressional staff.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes--

(A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities available to congressional staff;

(B) the budget impacts of offering such opportunities to congressional staff; and

(h) Strategy for Adapting Training Requirements for Modern Diplomatic Needs.--

(1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department's current and future needs for 21st century diplomacy.

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

(A) Integrating training requirements into the Department's promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines.

(B) Addressing multiple existing and emerging national security challenges, including--

(i) democratic backsliding and authoritarianism;

(ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center;

(iii) cyber threats;

(iv) the aggression and malign influence of Russia, Cuba, Iran, North Korea, the Maduro Regime, and the Chinese Communist Party's multi-faceted and comprehensive challenge to the rules-based order;

(v) the implications of climate change for United States diplomacy; and

(vi) nuclear threats.

(C) An examination of the likely advantages and disadvantages of establishing residential training for the A- 100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for other long-term training opportunities.

(D) An examination of the likely advantages and disadvantages of establishing a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include--

(i) the historic and current issues facing press freedom, including countries of specific concern;

(ii) the Department's role in promoting press freedom as an American value, a human rights issue, and a national security imperative;

(iii) ways to incorporate press freedom promotion into other aspects of diplomacy; and

(iv) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.

(E) The expansion of external courses offered by the Foreign Service Institute at academic institutions or professional associations on specific topics, including in- person and virtual courses on monitoring and evaluation, audience analysis, and the use of emerging technologies in diplomacy.

(3) Utilization of existing resources.--In examining the advantages and disadvantages of establishing a residential training program pursuant to paragraph (2)(C), the Secretary shall--

(A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and

(B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia.

(i) Report and Briefing Requirements.--

(1) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes--

(A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy;

(B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and

(C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results.

(2) Briefing.--Not later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report.

(j) Foreign Language Maintenance Incentive Program.--

(1) Authorization.--The Secretary is authorized to establish and implement an incentive program, with a similar structure as the Foreign Language Proficiency Bonus offered by the Department of Defense, to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for additional incentive pay, as determined by the Secretary, to maintain critical foreign language skills.

(2) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program.

(k) Department of State Workforce Management.--

(1) Sense of congress.--It is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources.

(2) Annual workforce report.--

(A) In general.--In order to understand the Department's long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department's workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period--

(i) the number of personnel who were hired;

(ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department;

(iii) the number of personnel who were promoted, including the grade to which they were promoted;

(iv) the demographic breakdown of personnel; and

(v) the distribution of the Department's workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region.

(B) Initial report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2016 through 2022.

(C) Recurring report.--Not later than December 31, 2023, and annually thereafter for the following 5 years, the Secretary shall submit the report described in subparagraph

(A) for the most recently concluded fiscal year.

(D) Use of report data.--The data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department.

(l) Sense of Congress on the Importance of Filling the Position of Undersecretary for Public Diplomacy and Public Affairs.--It is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of--

(1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and

(2) engaging, informing, and understanding the perspectives of foreign audiences.

(m) Report on Public Diplomacy.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes--

(1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to--

(A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department;

(B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances;

(C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made;

(D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and

(2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including--

(A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion;

(B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and

SEC. 5207. SECURITY CLEARANCE APPROVAL PROCESS.

(a) Recommendations.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases.

(b) Report.--Not later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that--

(1) describes the status of the efforts of the Department to streamline the security clearance approval process; and

(2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies.

SEC. 5208. ADDENDUM FOR STUDY ON FOREIGN SERVICE ALLOWANCES.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117-81), which shall be entitled the ``Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions''. The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for the purposes of such report.

(b) Elements.--The addendum required under subsection (a) shall include--

(1) the total number of domestic and overseas positions open during the most recent summer bidding cycle;

(2) the total number of bids each position received;

(3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and

(4) detailed recommendations and a timeline for--

(A) increasing the number of qualified bidders for underbid positions; and

(B) minimizing the number of unfilled positions at the end of the bidding season.

SEC. 5209. CURTAILMENTS, REMOVALS FROM POST, AND WAIVERS OF

PRIVILEGES AND IMMUNITIES.

(a) Curtailments Report.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts.

(2) Contents.--The Secretary shall include in the report required under paragraph (1)--

(A) relevant information about any post that, during the 6- month period preceding the report--

(i) had more than 5 curtailments; or

(ii) had curtailments representing more than 5 percent of Department personnel at such post; and

(B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence.

(b) Removal of Diplomats.--Not later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall--

(1) notify the appropriate congressional committees of such declaration; and

(2) include with such notification--

(A) the official reason for such declaration (if provided by the host government);

(B) the date of the declaration; and

(c) Waiver of Privileges and Immunities.--Not later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver.

(d) Termination.--This section shall terminate on the date that is 5 years after the date of the enactment of this Act.

SEC. 5210. REPORT ON WORLDWIDE AVAILABILITY.

(a) In General.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary.

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

(1) the feasibility of a worldwide availability requirement for all members of the Foreign Service;

(2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and

(3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances.

SEC. 5211. PROFESSIONAL DEVELOPMENT.

(a) Requirements.--The Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c).

(b) Requirements.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service.

(c) Professional Development Described.--Professional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent--

(1) as a detailee to another government agency, including Congress or a State, Tribal, or local government;

(2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government.

(d) Promotion Precepts.--The Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments.

SEC. 5212. MANAGEMENT ASSESSMENTS AT DIPLOMATIC AND CONSULAR

POSTS.

(a) In General.--Beginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States

(excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires.

(b) Anonymity.--All responses to the survey shall be--

(1) fully anonymized; and

(2) made available to the Director General of the Foreign Service.

(1) the general morale at post;

(2) the presence of any hostile work environment;

(3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and

(4) effective leadership and collegial work environment.

(d) Director General Recommendations.--Upon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys.

(e) Referral.--If the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 (22 U.S.C. 3929(b)).

(f) Annual Report.--The Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes--

(1) any trends or summaries from the surveys;

(2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and

(3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable.

(g) Initial Basis.--The Secretary shall carry out the surveys required under this section on an initial basis for 5 years.

SEC. 5213. INDEPENDENT REVIEW OF PROMOTION POLICIES.

Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a comprehensive review of the policies, personnel, organization, and processes related to promotions within the Department, including--

(1) a review of--

(A) the selection and oversight of Foreign Service promotion panels; and

(B) the use of quantitative data and metrics in such panels;

(2) an assessment of the promotion practices of the Department, including how promotion processes are communicated to the workforce and appeals processes; and

(3) recommendations for improving promotion panels and promotion practices.

SEC. 5214. THIRD PARTY VERIFICATION OF PERMANENT CHANGE OF

STATION (PCS) ORDERS.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a mechanism for third parties to verify the employment of, and the validity of permanent change of station (PCS) orders received by, members of the Foreign Service, in a manner that protects the safety, security, and privacy of sensitive employee information.

SEC. 5215. 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 the Department of State Authorization Act of 2022.

``(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 Act.''.

SEC. 5216. EXPANSION OF AUTHORITIES REGARDING SPECIAL RULES

FOR CERTAIN MONTHLY WORKERS' COMPENSATION

PAYMENTS AND OTHER PAYMENTS.

Section 901 of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is amended by adding at the end the following:

``(j) Expansion of Authorities.--The head of any Federal agency may exercise the authorities of this section, including to designate an incident, whether the incident occurred in the United States or abroad, for purposes of subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4) when the incident affects United States Government employees of the agency or their dependents who are not under the security responsibility of the Secretary of State as set forth in section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) or when operational control of overseas security responsibility for such employees or dependents has been delegated to the head of the agency.''.

TITLE LIII--EMBASSY SECURITY AND CONSTRUCTION

SEC. 5301. AMENDMENTS TO SECURE EMBASSY CONSTRUCTION AND

COUNTERTERRORISM ACT OF 1999.

(a) Short Title.--This section may be cited as the ``Secure Embassy Construction and Counterterrorism Act of 2022''.

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

(1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106-113) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks.

(2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations.

(3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places.

(4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high- threat posts.

(5) The Department's 2021 Overseas Security Panel report states that--

(A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) has led to skyrocketing costs of new embassies and consulates; and

(B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests.

(1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers;

(2) the Department should focus on creating performance security standards that--

(A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and

(B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security;

(3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly;

(4) the Bureau of Diplomatic Security should--

(A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)); and

(B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances;

(5) the return of great power competition requires--

(A) United States diplomats to do all they can to outperform our adversaries; and

(B) the Department to better optimize use of taxpayer funding to advance United States national interests; and

(6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad.

(d) Definition of United States Diplomatic Facility.-- Section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106-113) is amended to read as follows:

``SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.

``In this title, the terms `United States diplomatic facility' and `diplomatic facility' mean any chancery, consulate, or other office that--

``(1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or

``(2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.''.

(e) Guidance and Requirements for Diplomatic Facilities.--

(1) Guidance for closure of public diplomacy facilities.-- Section 5606(a) of the Public Diplomacy Modernization Act of 2021 (Public Law 117-81; 22 U.S.C. 1475g note) is amended to read as follows:

``(a) In General.--In order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022, the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).''.

(2) Security requirements for united states diplomatic facilities.--Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) is amended--

(A) in paragraph (1)(A), by striking ``the threat'' and inserting ``a range of threats, including that'';

(B) in paragraph (2)--

(i) in subparagraph (A)--

(I) by inserting ``in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion'' after

``abroad''; and

(II) by inserting ``, personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify'' after ``military commander''; and

(ii) in subparagraph (B)--

(I) by amending clause (i) to read as follows:

``(i) In general.--Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions.''; and

(II) in clause (ii), by striking ``(ii) Chancery or consulate building.--'' and all that follows through ``15 days prior'' and inserting the following:

``(ii) Chancery or consulate building.--Prior''; and

(i) by amending subparagraph (A) to read as follows:

``(A) Requirement.--

``(i) In general.--Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall--

``(I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or

``(II) fulfill the criteria described in clause (ii).

``(ii) Alternative engineering equivalency standard requirement.--Each facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve.''; and

(ii) in subparagraph (B)--

(I) in clause (i)--

(aa) by striking ``security considerations permit and''; and

(bb) by inserting ``after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions'' after ``national interest of the United States'';

(II) in clause (ii), by striking ``(ii) Chancery or consulate building.--'' and all that follows through ``15 days prior'' and inserting the following:

``(ii) Chancery or consulate building.--Prior''; and

(III) in clause (iii), by striking ``an annual'' and inserting ``a quarterly''.

SEC. 5302. DIPLOMATIC SUPPORT AND SECURITY.

(a) Short Title.--This section may be cited as the

``Diplomatic Support and Security Act of 2022''.

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

(1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict.

(2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health.

(3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia.

(4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China's malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease.

(5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations.

(6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able to ensure a robust overseas presence without inhibiting the ability of diplomats to--

(A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities;

(B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities;

(D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People's Republic of China, that do not have restrictions on meeting locations.

(7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence.

(1) Purpose.--Section 102(b) of the Diplomatic Security Act of 1986 (22 U.S.C. 4801(b)) is amended--

(A) by amending paragraph (3) to read as follows:

``(3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities;'';

(B) by redesignating paragraphs (4) and (5) as paragraphs

(5) and (6), respectively; and

``(4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;''.

(2) Briefings on embassy security.--Section 105(a)(1) of the Diplomatic Security Act of 1986 (22 U.S.C. 4804(a)) is amended--

(A) by striking ``any plans to open or reopen a high risk, high threat post'' and inserting ``progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so'';

(B) in subparagraph (A), by inserting ``the risk to United States national security of the post's continued closure or suspension of operations,'' after ``national security of the United States,''; and

``security `tripwires' ''.

(d) Security Review Committees.--

(1) In general.--Section 301 of the Diplomatic Security Act of 1986 (22 U.S.C. 4831) is amended--

(A) in the section heading, by striking ``accountability review boards'' and inserting ``security review committees'';

(B) in subsection (a)--

(i) by amending paragraph (1) to read as follows:

``(1) Convening the security review committee.--In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a `Serious Security Incident'), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304.'';

(3) and (4), respectively;

(D) by inserting after paragraph (1) the following:

``(2) Committee composition.--The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include--

``(A) the Director of the Office of Management Strategy and Solutions;

``(B) the Assistant Secretary responsible for the region where the incident occurred;

``(C) the Assistant Secretary of State for Diplomatic Security;

``(D) the Assistant Secretary of State for Intelligence and Research;

``(E) an Assistant Secretary-level representative from any involved United States Government department or agency; and

``(F) other personnel determined to be necessary or appropriate.'';

(i) in paragraph (3), as redesignated by clause (ii)--

(I) in the paragraph heading, by striking ``Department of defense facilities and personnel'' and inserting ``Exceptions to convening a security review committee'';

(II) by striking ``The Secretary of State is not required to convene a Board in the case'' and inserting the following:

``(A) In general.--The Secretary of State is not required to convene a Security Review Committee--

``(i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State's security responsibilities under section 103;

``(ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106;

``(iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or

``(iv) in the case''; and

(III) by striking ``In any such case'' and inserting the following:

``(B) Department of defense investigations.--In the case of an incident described in subparagraph (A)(iv)''; and

(E) by adding at the end the following:

``(5) Rulemaking.--The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.'';

(2) in subsection (b)--

(A) in the subsection heading, by striking ``Boards'' and inserting ``Security Review Committees''; and

(B) by amending paragraph (1) to read as follows:

``(1) In general.--The Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary.''; and

(3) by amending subsection (c) to read as follows:

``(c) Congressional Notification.--Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate and the chair and ranking member of the Committee on Foreign Affairs of the House of Representatives.''.

(e) Technical and Conforming Amendments.--Section 302 of the Diplomatic Security Act of 1986 (22 U.S.C. 4832) is amended--

(1) in the section heading, by striking ``accountability review board'' and inserting ``security review committee''; and

(2) by striking ``a Board'' each place such term appears and inserting ``a Security Review Committee''.

(f) Serious Security Incident Investigation Process.-- Section 303 of the Diplomatic Security Act of 1986 (22 U.S.C. 4833) is amended to read as follows:

``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.

``(a) Investigation Process.--

``(1) Initiation upon reported incident.--A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated.

``(2) Investigation.--Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover--

``(A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed;

``(B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on a known threat at the time of the incident;

``(C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and

``(D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident.

``(3) Investigative team.--The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary's designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome.

``(b) Report of Investigation.--Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes--

``(1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings;

``(2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and

``(3) a review of security procedures and directives in place at the time of the incident.

``(c) Confidentiality.--The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.''.

(g) Findings and Recommendations of the Security Review Committee.--Section 304 of the Diplomatic Security Act of 1986 (22 U.S.C. 4834) is amended to read as follows:

``SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.

``(a) Findings.--The Security Review Committee shall--

``(1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and

``(2) determine, in writing--

``(A) whether the incident was security related and constituted a Serious Security Incident;

``(B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility--

``(i) whether the security systems, security countermeasures, and security procedures operated as intended; and

``(ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack;

``(C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty;

``(D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and

``(E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad.

``(b) Report.--

``(1) Submission to secretary of state.--Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes--

``(A) the findings described in subsection (a); and

``(B) any related recommendations.

``(2) Submission to congress.--Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

``(c) Personnel Recommendations.--If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC finds reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.''.

(h) Relation to Other Proceedings.--Section 305 of the Diplomatic Security Act of 1986 (22 U.S.C. 4835) is amended--

(1) by inserting ``(a) No Effect on Existing Remedies or Defenses.--'' before ``Nothing in this title''; and

(2) by adding at the end the following:

``(b) Future Inquiries.--Nothing in this title may be construed to preclude the Secretary of State from convening a follow-up public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary.''.

SEC. 5303. ESTABLISHMENT OF UNITED STATES EMBASSIES IN

VANUATU, KIRIBATI, AND TONGA.

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

(1) The Pacific Islands are vital to United States national security and national interests in the Indo-Pacific region and globally.

(2) The Pacific Islands region spans 15 percent of the world's surface area and controls access to open waters in the Central Pacific, sea lanes to the Western Hemisphere, supply lines to United States forward-deployed forces in East Asia, and economically important fisheries.

(3) The Pacific Islands region is home to the State of Hawaii, 11 United States territories, United States Naval Base Guam, and United States Andersen Air Force Base.

(4) Pacific Island countries cooperate with the United States and United States partners on maritime security and efforts to stop illegal, unreported, and destructive fishing.

(5) The Pacific Islands are rich in biodiversity and are on the frontlines of environmental challenges and climate issues.

(6) The People's Republic of China (PRC) seeks to increase its influence in the Pacific Islands region, including through infrastructure development under the PRC's One Belt, One Road Initiative and its new security agreement with the Solomon Islands.

(7) The United States Embassy in Papua New Guinea manages the diplomatic affairs of the United States to the Republic of Vanuatu, and the United States Embassy in Fiji manages the diplomatic affairs of the United States to the Republic of Kiribati and the Kingdom of Tonga.

(8) The United States requires a physical diplomatic presence in the Republic of Vanuatu, the Republic of Kiribati, and the Kingdom of Tonga, to ensure the physical and operational security of our efforts in those countries to deepen relations, protect United States national security, and pursue United States national interests.

(9) Increasing the number of United States embassies dedicated solely to a Pacific Island country demonstrates the United States' ongoing commitment to the region and to the Pacific Island countries.

(b) Establishment of Embassies.--

(1) In general.--As soon as possible, and not later than 2 years after the date of the enactment of this Act, the Secretary of State shall establish physical United States embassies in the Republic of Kiribati and the Kingdom of Tonga, and a physical presence in the Republic of Vanuatu.

(2) Other strategies.--

(A) Physical infrastructure.--In establishing embassies pursuant to paragraph (1) and creating the physical infrastructure to ensure the physical and operational safety of embassy personnel, the Secretary may pursue rent or purchase existing buildings or co-locate personnel in embassies of like-minded partners, such as Australia and New Zealand.

(B) Personnel.--In establishing a physical presence in the Republic of Vanuatu pursuant to paragraph (1), the Secretary may assign 1 or more United States Government personnel to the Republic of Vanuatu as part of the United States mission in Papua New Guinea.

(3) Waiver authority.--The President may waive the requirements under paragraph (1) for a period of one year if the President determines and reports to Congress in advance that such waiver is necessary to protect the national security interests of the United States.

(c) Authorization of Appropriations.--Of the amounts authorized to be appropriated to the Department of State for Embassy Security, Construction, and Maintenance, $40,200,000 is authorized to be appropriated for fiscal year 2023 for the establishment and maintenance of the three embassies pursuant to subsection (b), and $3,000,000 is authorized to be appropriated for fiscal year 2024 to maintain the embassies.

(d) Report.--

(1) Defined term.--In this subsection, the term

``appropriate committees of Congress'' means--

(A) the Committee on Foreign Relations of the Senate;

(B) the Committee on Appropriations of the Senate;

(D) the Committee on Appropriations of the House of Representatives.

(2) Progress report.--Not later than 180 days following the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report that includes--

(A) a description of the status of activities carried out to achieve the objectives described in this section;

(B) an estimate of when embassies and a physical presence will be fully established pursuant to subsection (b)(1); and

(C) an update on events in the Pacific Islands region relevant to the establishment of United States embassies, including activities by the People's Republic of China.

(3) Report on final disposition.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that--

(A) confirms the establishment of the 2 embassies and the physical presence required under subsection (b)(1); or

(B) if the embassies and physical presence required in subsection (b)(1) have not been established, a justification for such failure to comply with such requirement.

TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION

SEC. 5401. REPORT ON BARRIERS TO APPLYING FOR EMPLOYMENT WITH

THE DEPARTMENT OF STATE.

Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that--

(1) identifies any barriers for applicants applying for employment with the Department;

(2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary;

(3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and

(4) includes recommendations for addressing any disparities identified in the online application process.

SEC. 5402. COLLECTION, ANALYSIS, AND DISSEMINATION OF

WORKFORCE DATA.

(a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department.

(b) Data.--The report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law--

(1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to--

(A) individuals hired to join the workforce;

(B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service;

(C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary's Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs;

(D) individuals serving in each bureau's front office;

(E) individuals serving as detailees to the National Security Council;

(F) individuals serving on applicable selection boards;

(G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department;

(H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation;

(I) individuals participating in mentorship or retention programs; and

(J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service;

(2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and

(3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent.

(c) Effectiveness of Department Efforts.--The report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department--

(1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad;

(2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas;

(3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training;

(4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault;

(5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and

(6) to recruit a representative workforce by--

(A) recruiting women, persons with disabilities, and minorities;

(B) recruiting at women's colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;

(D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities;

(E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.), and other hiring initiatives;

(F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under-represented groups;

(G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations;

(H) expanding the use of paid internships; and

(I) supporting recruiting and hiring opportunities through--

(i) the Charles B. Rangel International Affairs Fellowship Program;

(ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and

(iii) other initiatives, including agencywide policy initiatives.

(d) Annual Report.--

(1) In general.--Not later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department's website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law--

(A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department;

(B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and

(C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs.

(2) Combination with other annual report.--The report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable.

SEC. 5403. CENTERS OF EXCELLENCE IN FOREIGN AFFAIRS AND

ASSISTANCE.

(a) Purpose.--The purposes of this section are--

(1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and

(2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for individuals belonging to an underrepresented group within the Department and USAID.

(b) Study.--

(1) In general.--The Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the ``Centers of Excellence'') within institutions that serve individuals belonging to an underrepresented group to focus on 1 or more of the areas described in paragraph (2).

(2) Elements.--In conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider--

(A) opportunities to enter into public-private partnerships that will--

(i) increase diversity in foreign affairs and foreign assistance Federal careers;

(ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance;

(iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs--

(I) to assist in the development of regional and functional foreign policy skills;

(II) to strengthen international development and humanitarian assistance programs; and

(III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities;

(iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives;

(v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and

(vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and

(B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence.

(c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b).

SEC. 5404. INSTITUTE FOR TRANSATLANTIC ENGAGEMENT.

(a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary is authorized to establish the Institute for Transatlantic Engagement

(referred to in this section as the ``Institute'').

(b) Purpose.--The purpose of the Institute shall be to strengthen national security by highlighting, to a geographically diverse set of populations from the United States and member countries of the European Union, the importance of the transatlantic relationship and the threats posed by adversarial countries, such as the Russian Federation and the People's Republic of China, to democracy, free-market economic principles, and human rights, with the aim that lessons learned from the Institute will be shared across the United States and Europe.

(c) Director.--The Institute shall be headed by a Director, who shall have expertise in transatlantic relations and diverse populations in the United States and Europe.

(d) Scope and Activities.--The Institute shall--

(1) strengthen knowledge of the formation and implementation of transatlantic policies critical to national security, including the threats posed by the Russian Federation and the People's Republic of China;

(2) increase awareness of the roles of government and nongovernmental actors, such as multilateral organizations, businesses, civil society actors, academia, think tanks, and philanthropic institutions, in transatlantic policy development and execution;

(3) increase understanding of the manner in which diverse backgrounds and perspectives affect the development of transatlantic policies;

(4) enhance the skills, abilities, and effectiveness of government officials at national and international levels;

(5) increase awareness of the importance of, and interest in, international public service careers;

(6) annually invite not fewer than 30 individuals to participate in programs of the Institute;

(7) not less than 3 times annually, convene representatives of United States and European Union governments for a program offered by the Institute that is not less than 2 days in duration; and

(8) develop metrics to track the success and efficacy of the program.

(e) Eligibility to Participate.--Participants in the programs of the Institute shall include elected government officials--

(1) serving at national, regional, or local levels in the United States and member countries of the European Union; and

(2) who represent geographically diverse backgrounds or constituencies in the United States and Europe.

(f) Selection of Participants.--

(1) United states participants.--Participants from the United States shall be appointed in an equally divided manner by the chairpersons and ranking members of the appropriate congressional committees.

(2) European union participants.--Participants from European Union member countries shall be appointed by the Secretary, in consultation with the chairpersons and ranking members of the appropriate congressional committees.

(g) Restrictions.--

(1) Unpaid participation.--Participants in the Institute may not be paid a salary for such participation.

(2) Reimbursement.--The Institute may pay or reimburse participants for reasonable travel, lodging, and food in connection with participation in the program.

(3) Travel.--No funds authorized to be appropriated under subsection (h) may be used for travel for Members of Congress to participate in Institute activities.

(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000 for fiscal year 2023.

SEC. 5405. RULE OF CONSTRUCTION.

Nothing in this division may be construed as altering existing law regarding merit system principles.

TITLE LV--INFORMATION SECURITY AND CYBER DIPLOMACY

SEC. 5501. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.

(a) In General.--It is the policy of the United States--

(1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which--

(A) promotes democracy, the rule of law, and human rights, including freedom of expression;

(B) supports the ability to innovate, communicate, and promote economic prosperity; and

(2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and

(3) in furtherance of the efforts described in paragraphs

(1) and (2)--

(A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs;

(B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and

(C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools.

(b) Implementation.--In implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive--

(1) to clarify the applicability of international laws and norms to the use of information and communications technology

(referred to in this subsection as ``ICT'');

(2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public;

(3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally;

(4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all;

(5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries--

(A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors;

(B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments;

(C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law;

(D) to take appropriate measures to protect the country's critical infrastructure from ICT threats;

(E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as ``computer emergency response teams'' or ``cybersecurity incident response teams'') of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law;

(F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country;

(G) to not restrict cross-border data flows or require local storage or processing of data; and

(H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and

(6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices.

SEC. 5502. BUREAU OF CYBERSPACE AND DIGITAL POLICY.

(a) In General.--Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), is amended--

(1) by redesignating subsections (i) and (j) as subsection

(j) and (k), respectively;

(2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260)) as subsection (l); and

(3) by inserting after subsection (h) the following:

``(i) Bureau of Cyberspace and Digital Policy.--

``(1) In general.--There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the `Bureau'). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate.

``(2) Duties.--

``(A) In general.--The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 5501(a) of the Department of State Authorization Act of 2022.

``(B) Duties described.--The principal duties and responsibilities of the head of the Bureau shall be--

``(i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues;

``(ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State's diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau);

``(iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government;

``(iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally;

``(v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022;

``(vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues;

``(vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity;

``(viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like- minded countries;

``(ix) to promote the building of foreign capacity relating to cyberspace policy priorities;

``(x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model;

``(xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests;

``(xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses;

``(xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats;

``(xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022;

``(xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs;

``(xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet;

``(xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues;

``(xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices;

``(xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and

``(xx) to conduct such other matters as the Secretary of State may assign.

``(3) Qualifications.--The head of the Bureau should be an individual of demonstrated competency in the fields of--

``(A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and

``(B) international diplomacy.

``(4) Organizational placement.--

``(A) Initial placement.--Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State.

``(B) Subsequent placement.--The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State--

``(i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and

``(ii) submits a report to such committees that--

``(I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from--

``(aa) other relevant Federal entities with a role in international aspects of cyber policy; and

``(bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to--

``(AA) the Under Secretary of State for Political Affairs;

``(BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights;

``(CC) the Under Secretary of State for Economic Growth, Energy, and the Environment;

``(DD) the Under Secretary of State for Arms Control and International Security Affairs;

``(EE) the Under Secretary of State for Management; and

``(FF) the Under Secretary of State for Public Diplomacy and Public Affairs;

``(II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and

``(III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy.

``(5) Special hiring authorities.--The Secretary of State may--

``(A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and

``(B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates.

``(6) Rule of construction.--Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).''.

(b) Sense of Congress.--It is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals belonging to an underrepresented group.

(c) United Nations.--The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 5501(a).

SEC. 5503. INTERNATIONAL CYBERSPACE AND DIGITAL POLICY

STRATEGY.

(a) Strategy Required.--Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy.

(b) Elements.--The strategy required under subsection (a) shall include--

(1) a review of actions and activities undertaken to support the policy described in section 5501(a);

(2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including--

(A) conducting bilateral and multilateral activities--

(i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 5501(b)(5);

(ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations;

(iii) to reduce cybersecurity risks to United States and allied critical infrastructure;

(iv) to improve allies' and partners' collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and

(v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and

(B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace;

(3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries;

(4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state- sponsored actors, and non-state actors to--

(A) United States national security;

(B) the Federal and private sector cyberspace infrastructure of the United States;

(D) the privacy and security of citizens of the United States;

(5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding--

(A) threats in cyberspace;

(B) the degree to which such tools have been used; and

(6) a review of resources required to conduct activities to build responsible norms of international cyber behavior;

(7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 5501(a);

(8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 5501(b); and

(9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements.

(1) Public availability.--The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register.

(2) Classified annex.--The strategy required under subsection (a) may include a classified annex.

(d) Briefing.--Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex.

(e) Updates.--The strategy required under subsection (a) shall be updated--

(1) not later than 90 days after any material change to United States policy described in such strategy; and

(2) not later than 1 year after the inauguration of each new President.

SEC. 5504. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBER

DIPLOMACY.

Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes--

(1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 5501(a);

(2) an assessment of the Department's organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of--

(A) the establishment of a Bureau within the Department to lead the Department's international cyber mission;

(B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau;

(C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and

(D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and

(3) any other matters that the Comptroller General determines to be relevant.

SEC. 5505. REPORT ON DIPLOMATIC PROGRAMS TO DETECT AND

RESPOND TO CYBER THREATS AGAINST ALLIES AND

PARTNERS.

Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes--

(1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security;

(2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and

(3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section.

SEC. 5506. CYBERSECURITY RECRUITMENT AND RETENTION.

(a) Sense of Congress.--It is the sense of Congress that improving computer programming language proficiency will improve--

(1) the cybersecurity effectiveness of the Department; and

(2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters.

(b) Technology Talent Acquisition.--

(1) Establishment.--The Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy.

(2) Goals.--The goals of the positions described in paragraph (1) shall be--

(A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions;

(B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries;

(C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and

(D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1).

(3) Implementation plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented.

(4) Authorization of appropriations.--There is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection.

(c) Annual Report on Hiring Authorities.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes--

(1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy;

(2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years;

(3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band;

(4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department;

(5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition;

(6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and

(7) recommendations for--

(A) reducing the attrition rate referred to in paragraph

(5) by 5 percent each year;

(B) additional hiring authorities needed to acquire needed technology talent;

(C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and

(D) informing and training supervisors within the Department on the use of the authorities listed in paragraph

(1).

(d) Incentive Pay for Cybersecurity Professionals.--To increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall--

(1) include computer programming languages within the Recruitment Language Program; and

(2) provide appropriate language incentive pay.

(e) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies--

(1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and

(2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay.

SEC. 5507. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR

OFFICIALS.

(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department.

(b) Throughput Objectives.--The Secretary should ensure that--

(1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and

(2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course.

SEC. 5508. ESTABLISHMENT AND EXPANSION OF REGIONAL TECHNOLOGY

OFFICER PROGRAM.

(a) Regional Technology Officer Program.--

(1) Establishment.--The Secretary shall establish a program, which shall be known as the ``Regional Technology Officer Program'' (referred to in this section as the

``Program'').

(2) Goals.--The goals of the Program shall include the following:

(A) Promoting United States leadership in technology abroad.

(B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values.

(D) Building diplomatic capacity for handling critical and emerging technology issues.

(E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists.

(F) Maintaining the advantages of the United States with respect to critical and emerging technologies.

(b) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for--

(1) advancing the goals described in subsection (a)(2);

(2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process;

(3) expanding the Program to include a minimum of 15 Regional Technology Officers; and

(4) assigning not fewer than 2 Regional Technology Officers to posts within--

(A) each regional bureau of the Department; and

(B) the Bureau of International Organization Affairs.

(c) Annual Briefing Requirement.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection

(b).

(d) Authorization of Appropriations.--There is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section.

SEC. 5509. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY

PROGRAM REPORT.

(a) Definitions.--In this section:

(1) Bug bounty program.--The term ``bug bounty program'' means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation.

(2) Information technology.--The term ``information technology'' has the meaning given such term in section 11101 of title 40, United States Code.

(b) Vulnerability Disclosure Policy.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the ``VDP'') to improve Department cybersecurity by--

(A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20-01 or any subsequent directive; and

(B) providing a report on such policy and infrastructure to Congress.

(2) Annual reports.--Not later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security of the House of Representatives that includes information relating to--

(A) the number and severity of all security vulnerabilities reported;

(B) the number of previously unidentified security vulnerabilities remediated as a result;

(C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans;

(D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;

(E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation;

(F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes;

(G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and

(H) any other topic that the Secretary determines to be relevant.

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet-facing information technology of the Department.

(2) Report.--Not later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to--

(A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that--

(i) registered;

(ii) were approved;

(iii) submitted security vulnerabilities; and

(iv) received compensation;

(B) the number and severity of all security vulnerabilities reported as part of such program;

(D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities;

(E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities;

(F) the types of compensation provided under such program;

(G) the lessons learned from such program;

(H) the public accessibility of contact information for the Department regarding the bug bounty program;

(I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and

(J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems.

TITLE LVI--PUBLIC DIPLOMACY

SEC. 5601. UNITED STATES PARTICIPATION IN INTERNATIONAL FAIRS

AND EXPOSITIONS.

(a) In General.--Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), and subject to subsection (b), amounts available under title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117-103), or under prior such Acts, may be made available to pay for expenses related to United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits.

(b) Limitation on Solicitation of Funds.--Senior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world's fair registered by the Bureau of International Expositions.

(c) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits.

SEC. 5602. PRESS FREEDOM CURRICULUM.

The Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include--

(1) the historic and current issues facing press freedom, including countries of specific concern;

(2) the Department's role in promoting press freedom as an American value, a human rights issue, and a national security imperative;

(3) ways to incorporate press freedom promotion into other aspects of diplomacy; and

(4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.

SEC. 5603. GLOBAL ENGAGEMENT CENTER.

(a) In General.--Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended by striking ``the date that is 8 years after the date of the enactment of this Act'' and inserting ``December 31, 2027''.

(b) Hiring Authority for Global Engagement Center.-- Notwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note), may--

(1) appoint employees without regard to appointment in the competitive service; and

(2) fix the basic compensation of such employees regarding classification and General Schedule pay rates.

SEC. 5604. UNDER SECRETARY FOR PUBLIC DIPLOMACY.

Section 1(b)(3) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended--

(1) in subparagraph (D), by striking ``and'' at the end;

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

(3) by adding at the end the following:

``(F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for--

``(i) the Bureau of Educational and Cultural Affairs;

``(ii) the Bureau of Global Public Affairs;

``(iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs;

``(iv) the Global Engagement Center; and

``(v) the public diplomacy functions within the regional and functional bureaus.''.

TITLE LVII--OTHER MATTERS

SEC. 5701. SUPPORTING THE EMPLOYMENT OF UNITED STATES

CITIZENS BY INTERNATIONAL ORGANIZATIONS.

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

(1) the Department should continue to eliminate the unreasonable barriers United States nationals face to obtain employment in the United Nations Secretariat, funds, programs, and agencies; and

(2) the Department should bolster efforts to increase the number of qualified United States nationals who are candidates for leadership and oversight positions in the United Nations system, agencies, and commissions, and in other international organizations.

(b) In General.--The Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by--

(1) providing stipends, consultation, and analytical services to support United States citizen applicants; and

(2) making grants for the purposes described in paragraph

(1).

(c) Using Diplomatic Programs Funding To Promote the Employment of United States Citizens by International Organizations.--Amounts appropriated under the heading

``diplomatic programs'' in any Act making appropriations for the Department of State, Foreign Operations, and Related Programs may be made available for grants, programs, and activities described in subsection (b).

(d) Strategy to Establish Junior Professional Program.--

(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall publish a strategy for encouraging United States citizens to pursue careers with international organizations, particularly organizations that--

(A) set international scientific, technical, or commercial standards; or

(B) are involved in international finance and development.

(2) Report to congress.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall submit a report to the appropriate congressional committees that identifies--

(A) the number of United States citizens who are involved in relevant junior professional programs in an international organization;

(B) the distribution of individuals described in subparagraph (A) among various international organizations; and

(C) the types of predeployment training that are available to United States citizens through a junior professional program at an international organization.

SEC. 5702. INCREASING HOUSING AVAILABILITY FOR CERTAIN

EMPLOYEES ASSIGNED TO THE UNITED STATES MISSION

TO THE UNITED NATIONS.

Section 9(2) of the United Nations Participation Act of 1945 (22 U.S.C. 287e-1(2)), is amended by striking ``30'' and inserting ``41''.

SEC. 5703. LIMITATION ON UNITED STATES CONTRIBUTIONS TO

PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE

UNITED NATIONS SECURITY COUNCIL.

The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding at the end the following:

``SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO

PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE

UNITED NATIONS SECURITY COUNCIL.

``None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.''.

SEC. 5704. BOARDS OF RADIO FREE EUROPE/RADIO LIBERTY, RADIO

FREE ASIA, THE MIDDLE EAST BROADCASTING

NETWORKS, AND THE OPEN TECHNOLOGY FUND.

The United States International Broadcasting Act of 1994

(22 U.S.C. 6201 et seq.) is amended by inserting after section 306 (22 U.S.C. 6205) the following:

``SEC. 307. GRANTEE CORPORATE BOARDS OF DIRECTORS.

``(a) In General.--The corporate board of directors of each grantee under this title--

``(1) shall be bipartisan;

``(2) shall, except as otherwise provided in this Act, have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation;

``(3) shall be composed of not fewer than 5 members, who shall be qualified individuals who are not employed in the public sector; and

``(4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws.

``(b) Not Federal Employees.--No employee of any grantee under this title may be a Federal employee.''.

SEC. 5705. BROADCASTING ENTITIES NO LONGER REQUIRED TO

CONSOLIDATE INTO A SINGLE PRIVATE, NONPROFIT

CORPORATION.

Section 310 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6209) is repealed.

SEC. 5706. INTERNATIONAL BROADCASTING ACTIVITIES.

Section 305(a) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended--

(1) by striking paragraph (20);

(2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and

(3) in paragraph (20), as redesignated, by striking ``or between grantees,''.

SEC. 5707. GLOBAL INTERNET FREEDOM.

(a) Statement of Policy.--It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries--

(1) whose governments restrict freedom of expression on the internet; and

(2) that are important to the national interest of the United States.

(b) Purpose and Coordination With Other Programs.--Global internet freedom programming under this section--

(1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society--

(A) to counter the development of repressive internet- related laws and regulations, including countering threats to internet freedom at international organizations;

(B) to combat violence against bloggers and other civil society activists who utilize the internet; and

(2) shall seek to assist efforts--

(A) to research key threats to internet freedom;

(B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and

(C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and

(3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate.

(1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and

(2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the ``USAGM'') and its grantees, which shall be used for internet freedom and circumvention technologies that are designed--

(A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees;

(B) to facilitate audience access to such digital content on websites that are censored;

(D) to promote and distribute such tools and techniques, including digital security techniques.

(d) United States Agency for Global Media Activities.--

(1) Annual certification.--For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the ``OTF'') and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they--

(A) have evaluated the risks and benefits of such new tools or techniques; and

(B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes.

(2) Information sharing.--The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of--

(A) sharing information, technologies, and best practices; and

(B) assessing the effectiveness of such technologies.

(3) United states agency for global media.--The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall--

(A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate;

(B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and

(C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM's annual language service prioritization review.

(e) USAGM Report.--Not later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes--

(1) as of the date of the report--

(A) the full scope of internet freedom programs within the USAGM, including--

(i) the efforts of the Office of Internet Freedom; and

(ii) the efforts of the Open Technology Fund;

(B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and

(C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and

(2) successful examples from the Office of Internet Freedom and Open Technology Fund involving--

(A) responding rapidly to internet shutdowns in closed societies; and

(B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes.

(f) Joint Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes--

(1) as of the date of the report--

(A) the full scope of internet freedom programs within the Department and USAID, including--

(i) Department circumvention efforts; and

(ii) USAID efforts to support internet infrastructure;

(B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and

(C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and

(2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access--

(A) to respond rapidly to internet shutdowns in closed societies; and

(B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes.

(g) Security Audits.--Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding.

(h) Surge.--

(1) Authorization of appropriations.--Subject to paragraph

(2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes,

$2,500,000 to support internet freedom programs in closed societies, including programs that--

(A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs;

(B) involve circumvention tools; or

(2) Certification.--Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States.

(i) Defined Term.--In this section, the term ``internet censorship circumvention tool'' means a software application or other tool that an individual can use to evade foreign government restrictions on internet access.

SEC. 5708. ARMS EXPORT CONTROL ACT ALIGNMENT WITH THE EXPORT

CONTROL REFORM ACT.

Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) is amended--

(1) by striking ``subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act'' and inserting ``subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and

(h) of section 1761 of such Act (50 U.S.C. 4820)'';

(2) by striking ``11(c)(2)(B) of such Act'' and inserting

``1760(c)(2) of such Act (50 U.S.C. 4819(c)(2))'';

(3) by striking ``11(c) of the Export Administration Act of 1979'' and inserting ``section 1760(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4819(c))''; and

(4) by striking ``$500,000'' and inserting ``the greater of

$1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed.''.

SEC. 5709. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT

AVAILABLE WITHOUT APPROVAL BY THE SECRETARY.

Section 10(a) of the Foreign Service Buildings Act, 1926

(22 U.S.C. 301(a)), is amended by striking ``$50,000'' and inserting ``$100,000''.

SEC. 5710. REPORT ON UNITED STATES ACCESS TO CRITICAL MINERAL

RESOURCES ABROAD.

Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department--

(1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and

(2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies.

SEC. 5711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE

DEVELOPMENT PROJECTS.

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

(1) the One Belt, One Road Initiative (referred to in this section as ``OBOR'') exploits gaps in infrastructure in developing countries to advance the People's Republic of China's own foreign policy objectives;

(2) although OBOR may meet many countries' short-term strategic infrastructure needs, OBOR--

(A) frequently places countries in debt to the PRC;

(B) contributes to widespread corruption;

(D) rarely takes into account human rights, labor standards, or the environment; and

(3) the need to challenge OBOR represents a major national security concern for the United States, as the PRC's efforts to control markets and supply chains for strategic infrastructure projects, including critical and strategic minerals resource extraction, represent a grave national security threat.

(b) Definitions.--In this section:

(1) OBOR.--The term ``OBOR'' means the One Belt, One Road Initiative, a global infrastructure development strategy initiated by the Government of the People's Republic of China in 2013.

(2) PRC.--The term ``PRC'' means the People's Republic of China.

(1) In general.--The Secretary, in coordination with the Administrator, shall enter into a contract with an independent research organization to prepare the report described in paragraph (2).

(2) Report elements.--The report described in this paragraph shall--

(A) describe the nature and cost of OBOR investments, operation, and construction of strategic infrastructure projects, including logistics, refining, and processing industries and resource facilities, and critical and strategic mineral resource extraction projects, including an assessment of--

(i) the strategic benefits of such investments that are derived by the PRC and the host nation; and

(ii) the negative impacts of such investments to the host nation and to United States interests;

(B) describe the nature and total funding of United States' strategic infrastructure investments and construction, such as projects financed through initiatives such as Prosper Africa and the Millennium Challenge Corporation;

(C) assess the national security threats posed by the foreign infrastructure investment gap between China and the United States, including strategic infrastructure, such as ports, market access to, and the security of, critical and strategic minerals, digital and telecommunications infrastructure, threats to the supply chains, and general favorability towards the PRC and the United States among the populations of host countries;

(D) assess the opportunities and challenges for companies based in the United States and companies based in United States partner and allied countries to invest in foreign strategic infrastructure projects in countries where the PRC has focused these types of investments;

(E) identify challenges and opportunities for the United States Government and United States partners and allies to more directly finance and otherwise support foreign strategic infrastructure projects, including an assessment of the authorities and capabilities of United States agencies, departments, public-private partnerships, and international or multilateral organizations to support such projects without undermining United States domestic industries, such as domestic mineral deposits;

(F) include a feasibility study and options for United States Government agencies to undertake or increase support for United States businesses to support foreign, large-scale, strategic infrastructure projects, such as roads, power grids, and ports; and

(G) identify at least 5 strategic infrastructure projects, with one each in the Western Hemisphere, Africa, and Asia, that are needed, but have not yet been initiated.

(3) Submission to congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a copy of the report prepared pursuant to this subsection to the appropriate congressional committees.

SEC. 5712. ENSURING THE INTEGRITY OF COMMUNICATIONS

COOPERATION.

(a) Defined Term.--In this section, the term ``appropriate congressional committees'' means--

(1) the Committee on Foreign Relations of the Senate;

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

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

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

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

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

(b) Determination.--Notwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees--

(1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and

(2) a classified notification that describes the incident concerned, including a description of--

(A) the Federal department or agency that provided the equipment;

(B) the foreign entity or individual that used the equipment for unlawful purposes; and

SEC. 5713. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND

AUTHORITY RELATING TO CONCURRENCE PROVIDED BY

CHIEFS OF MISSION FOR THE PROVISION OF SUPPORT

RELATING TO CERTAIN UNITED STATES GOVERNMENT

OPERATIONS.

(a) Notification Required.--Not later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence.

(b) Semiannual Review, Determination, and Briefing Required.--Not less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall--

(1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review;

(2) based on the review, determine whether to revoke any such concurrence pending further study and review; and

(3) brief the appropriate congressional committees on the results of the review.

(c) Revocation of Concurrence.--If the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence.

(d) Annual Report Required.--Not later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following:

(1) A description of any support described in subsection

(a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted.

(2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to--

(A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs;

(B) International Narcotics Control and Law Enforcement

(INCLE) programs; and

SEC. 5714. PROVISION OF PARKING SERVICES AND RETENTION OF

PARKING FEES.

The Secretary of State may--

(1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and

(2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account.

SEC. 5715. DIPLOMATIC RECEPTION AREAS.

(a) Defined Term.--In this section, the term ``reception areas'' has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2713(c)).

(b) In General.--The Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2713(a)).

(c) Amounts Collected.--Amounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended.

SEC. 5716. CONSULAR AND BORDER SECURITY PROGRAMS VISA

SERVICES COST RECOVERY PROPOSAL.

Section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1713) is amended--

(1) in subsection (b)--

(A) by inserting ``or surcharge'' after ``machine-readable visa fee''; and

(B) by adding at the end the following: ``The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State.''; and

(2) in subsection (d), by inserting ``or surcharges'' after

``amounts collected as fees''.

SEC. 5717. RETURN OF SUPPORTING DOCUMENTS FOR PASSPORT

APPLICATIONS THROUGH UNITED STATES POSTAL

SERVICE CERTIFIED MAIL.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a procedure that provides, to any individual applying for a new United States passport or to renew the United States passport of the individual by mail, the option to have supporting documents for the application returned to the individual by the United States Postal Service through certified mail.

(b) Cost.--

(1) Responsibility.--The cost of returning supporting documents to an individual as described in subsection (a) shall be the responsibility of the individual.

(2) Fee.--The fee charged to the individual by the Secretary for returning supporting documents as described in subsection (a) shall be the sum of--

(A) the retail price charged by the United States Postal Service for the service; and

(B) the estimated cost of processing the return of the supporting documents.

(3) Report.--The Secretary shall submit a report to the appropriate congressional committees that--

(A) details the costs included in the processing fee described in paragraph (2); and

(B) includes an estimate of the average cost per request.

SEC. 5718. REPORT ON DISTRIBUTION OF PERSONNEL AND RESOURCES

RELATED TO ORDERED DEPARTURES AND POST

CLOSURES.

Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that describes--

(1) how Department personnel and resources dedicated to Mission Afghanistan were reallocated following the closure of diplomatic posts in Afghanistan in August 2021; and

(2) the extent to which Department personnel and resources for Mission Iraq were reallocated following ordered departures for diplomatic posts in March 2020, and how such resources were reallocated.

SEC. 5719. ELIMINATION OF OBSOLETE REPORTS.

(a) Certification of Effectiveness of the Australia Group.--Section 2(7) of Senate Resolution 75 (105th Congress) is amended by striking subparagraph (C).

(b) Activities of the Taliban.--Section 7044(a)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116-260) is amended by striking ``the following purposes--'' and all that follows through ``(B)''.

(c) Plans to Implement the Gandhi-King Scholarly Exchange Initiative.--The Gandhi-King Scholarly Exchange Initiative Act (subtitle D of title III of division FF of Public Law 116-260) is amended by striking section 336.

(d) Progress Report on Jerusalem Embassy.--The Jerusalem Embassy Act of 1995 (Public Law 104-45) is amended by striking section 6.

(e) Burma's Timber Trade.--The Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-286; 50 U.S.C. 1701 note) is amended by striking section 12.

(f) Monitoring of Assistance for Afghanistan.--Section 103 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513) is amended by striking subsection (d).

(g) Presidential Anti-pedophilia Certification.--Section 102 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by striking subsection (g).

(h) Microenterprise for Self-reliance Report.--Title III of the Microenterprise for Self-Reliance and International Anti- Corruption Act of 2000 (Public Law 106-309; 22 U.S.C. 2462 note) is amended by striking section 304.

(i) Promoting the Rule of Law in the Russian Federation to Support United States Trade and Investment.--The Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112-208), is amended--

(1) in the table of contents, by amending the item relating to section 202 to read as follows:

``Sec. 202. Reporting bribery and corruption in the Russian Federation to support United States trade and investment.''.

(2) by amending section 202 to read as follows:

``SEC. 202. REPORTING BRIBERY AND CORRUPTION IN THE RUSSIAN

FEDERATION TO SUPPORT UNITED STATES TRADE AND

INVESTMENT.

``(a) In General.--The Secretary of Commerce shall establish and maintain a dedicated phone hotline and secure website, accessible from within and outside the Russian Federation, for the purpose of allowing United States entities--

``(1) to report instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation that impact or potentially impact their operations; and

``(2) to request the assistance of the United States with respect to issues relating to corruption in the Russian Federation.

``(b) Report Required.--

``(1) In general.--Not later than 1 year after the effective date under section 102(b) of the extension of nondiscriminatory treatment to the products of the Russian Federation, and annually thereafter, the Secretary of Commerce shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that includes--

``(A) the number of instances in which bribery, attempted bribery, or other forms of corruption have been reported using the hotline or website established pursuant to subsection (a);

``(B) a description of the regions in the Russian Federation in which such instances are alleged to have occurred;

``(C) a summary of actions taken by the United States to provide assistance to United States entities pursuant to subsection (a)(2); and

``(D) a description of the efforts taken by the Secretary of Commerce to inform United States entities conducting business in the Russian Federation, or considering conducting business in the Russian Federation, of the availability of assistance through the hotline and website established pursuant to subsection (a).

``(2) Confidentiality.--The Secretary of Commerce may not include, in the report required under paragraph (1), the identity of a United States entity that reports instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation or requests assistance pursuant to subsection (a).''.

SEC. 5720. LOCALITY PAY FOR FEDERAL EMPLOYEES WORKING

OVERSEAS UNDER DOMESTIC EMPLOYEE TELEWORKING

OVERSEAS AGREEMENTS.

(a) Definitions.--In this section:

(1) Civil service.--The term ``civil service'' has the meaning given the term in section 2101 of title 5, United States Code.

(2) Covered employee.--The term ``covered employee'' means an employee who--

(A) occupies a position in the civil service; and

(B) is working overseas under a Domestic Employee Teleworking Overseas agreement.

(3) Locality pay.--The term ``locality pay'' means a locality-based comparability payment paid in accordance with subsection (b).

(4) Nonforeign area.--The term ``nonforeign area'' has the meaning given the term in section 591.205 of title 5, Code of Federal Regulations, or any successor regulation.

(5) Overseas.--The term ``overseas'' means any geographic location that is not in--

(A) the continental United States; or

(B) a nonforeign area.

(b) Payment of Locality Pay.--Each covered employee shall be paid locality pay in an amount that is equal to the lesser of--

(1) the amount of a locality-based comparability payment that the covered employee would have been paid under section 5304 or 5304a of title 5, United States Code, had the official duty station of the covered employee not been changed to reflect an overseas location under the applicable Domestic Employee Teleworking Overseas agreement; or

(2) the amount of a locality-based comparability payment that the covered employee would be paid under section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111- 32), as limited under section 5803(a)(4)(B) of this Act, if the covered employee were an eligible member of the Foreign Service (as defined in subsection (b) of such section 1113).

(1) shall begin to be paid not later than 60 days after the date of the enactment of this Act; and

(2) shall be treated in the same manner, and subject to the same terms and conditions, as a locality-based comparability payment paid under section 5304 or 5304a of title 5, United States Code.

(d) Annuity Computation.--Notwithstanding any other provision of law, for purposes of any annuity computation under chapter 83 or 84 of title 5, United States Code, the basic pay of a covered employee shall--

(1) be considered to be the rate of basic pay that would have been paid to the covered employee had the official duty station of the covered employee not been changed to reflect an overseas location under the applicable Domestic Employee Teleworking Overseas agreement; and

(2) include locality pay paid to the covered employee under this section.

SEC. 5721. DEPARTMENT OF STATE DIPLOMACY IN RESPONSE TO THE

UNITED NATIONS INDEPENDENT INTERNATIONAL

COMMISSION OF INQUIRY ON ISRAEL.

(a) Statement of Policy.--It is the policy of the United States for the Secretary to pursue, during the United Nations General Assembly and in all future participation in United Nations' fora, with respect to the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel (referred to in this subsection as the

``Commission'')--

(1) the establishment of criteria for the dissolution of the Commission, mirroring standard criteria established in other recent Commissions of Inquiry on Syria, Libya, South Sudan, and Venezuela;

(2) the dissolution of the Commission in the context of the United States'--

(A) participation in the United Nations General Assembly Third Committee; and

(B) engagement on the United Nations Human Rights Council;

(3) the determination of an expiration date for the Commission that is as soon as possible;

(4) continued advocacy in the United Nations General Assembly Fifth Committee to limit resources available to the Commission commensurate with other recent Commissions of Inquiry; and

(5) continued advocacy for membership in the United Nations Human Rights Council of countries that do not pursue antisemitic or anti-Israel agendas.

(b) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees describing the actions taken by the Department in pursuit of the goals set forth in subsection (a).

SEC. 5722. PROHIBITION ON ENTRY OF OFFICIALS OF FOREIGN

GOVERNMENTS INVOLVED IN SIGNIFICANT CORRUPTION

OR GROSS VIOLATIONS OF HUMAN RIGHTS.

(a) Ineligibility.--

(1) In general.--Any official of a foreign government, and the immediate family members of such an official, about whom the Secretary has credible information has been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States.

(2) Designation.--The Secretary shall publicly or privately designate or identify each official of a foreign government, and the immediate family members of such official, about whom the Secretary has such credible information related to any act described in paragraph (1), without regard to whether the official has applied for a visa.

(b) Exception.--Subsection (a)(1) shall not apply to an individual if the entry of the individual into the United States would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under 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, or any other applicable international obligations of the United States.

(c) Waiver.--The Secretary may waive the application of subsection (a) if the Secretary determines that such a waiver would serve a compelling national interest or that the circumstances that caused the individual concerned to be ineligible for entry or admission to the United States pursuant to subsection (a)(1) or to be designated pursuant to subsection (a)(2) have changed sufficiently.

(d) Report.--

(1) In general.--Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that, for the reporting period--

(A) includes the information related to corruption or violation of human rights concerning each individual found to be ineligible for entry into the United States under subsection (a)(1);

(B) identifies--

(i) each individual whom the Secretary designated or identified pursuant to subsection (a)(2); and

(ii) each individual who would have been so ineligible but for the application of subsection (b); and

(2) Form.--Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

(3) Public availability.--The Secretary shall make available to the public on a publicly accessible internet website of the Department of State the unclassified portion of each report required by paragraph (1).

(e) Referral for Financial Sanctions.--Following the application of subsection (a), the Secretary should, as appropriate, refer to the Secretary of the Treasury, through the Office of Foreign Assets Control, a list of persons who have been designated pursuant to subsection (a)(2) and related supporting information for review for the imposition of sanctions, in accordance with United States law, to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in subsection (a).

(f) Clarification.--For purposes of subsections (a) and

(d), the records of the Department and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential.

SEC. 5723. 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.''.

SEC. 5724. REPORT OF SHOOTING OF PALESTINIAN-AMERICAN

JOURNALIST IN JENIN.

Not later than 14 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a complete copy, in classified or unclassified format, as appropriate, of the report overseen by the United States Security Coordinator for Israel and the Palestinian Authority regarding the circumstances surrounding the shooting of Shireen Abu Akleh in Jenin on May 11, 2022.

SEC. 5725. REPORT ON COUNTERING THE ACTIVITIES OF MALIGN

ACTORS.

(a) Report.--

(1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury and the Administrator, shall submit a report to the appropriate congressional committees regarding United States diplomatic efforts in Africa in achieving United States policy goals and countering the activities of malign actors.

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

(A) case studies from Mali, Sudan, the Central African Republic, the Democratic Republic of the Congo, and South Sudan, with the goal of assessing the effectiveness of diplomatic tools during the 5-year period ending on the date of the enactment of this Act; and

(B) an assessment of--

(i) the extent and effectiveness of certain diplomatic tools to advance United States priorities in the respective case study countries, including--

(I) in-country diplomatic presence;

(II) humanitarian and development assistance;

(III) support for increased 2-way trade and investment;

(IV) United States security assistance;

(V) public diplomacy; and

(VI) accountability measures, including sanctions;

(ii) whether the use of the diplomatic tools described in clause (i) achieved the diplomatic ends for which they were intended; and

(iii) the means by which the Russian Federation and the People's Republic of China exploited any openings for diplomatic engagement in the case study countries.

(b) Form.--The report required under subsection (b) shall be submitted in classified form.

(c) Classified Briefing Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary and the Administrator shall jointly brief Congress regarding the report required under subsection (b).

SEC. 5726. LIMITATION ON WITHDRAWAL FROM NORTH ATLANTIC

TREATY.

(a) Opposition of Congress to Suspension, Termination, Denunciation, or Withdrawal From North Atlantic Treaty.--The President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.

(b) Limitation on the Use of Funds.--No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any efforts on the part of any United States Government official to take steps to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, until such time as both the Senate and the House of Representatives pass, by an affirmative vote of two-thirds of Members, a joint resolution approving the withdrawal of the United States from the treaty or pursuant to an Act of Congress.

(1) Consultation.--Prior to the notification described in paragraph (2), the President shall consult with the appropriate congressional committees in relation to any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty.

(2) Notification.--The President shall notify the appropriate congressional committees in writing of any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible, but in no event later than 180 days before taking such action.

(d) Authorization of Legal Counsel to Represent Congress.-- Both the Senate Legal Counsel and the General Counsel to the House of Representatives are authorized to independently or collectively represent Congress in initiating or intervening in any judicial proceedings in any Federal court of competent jurisdiction on behalf of Congress in order to oppose any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty in a manner inconsistent with this section.

(e) Reporting Requirement.--Any legal counsel operating pursuant to subsection (d) shall report as soon as practicable to the appropriate congressional committees with respect to any judicial proceedings which the Senate Legal Counsel or the General Counsel to the House of Representatives, as the case may be, initiates or in which it intervenes pursuant to subsection (d).

(f) Rule of Construction.--Nothing in this section shall be construed to authorize, imply, or otherwise indicate that the President may suspend, terminate, denounce, or withdraw from any treaty to which the Senate has provided its advice and consent without the advice and consent of the Senate to such act or pursuant to an Act of Congress.

(g) Severability.--If any provision of this section or the application of such provision is held by a Federal court to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby.

(h) Definitions.--In this section, the terms

``withdrawal'', ``denunciation'', ``suspension'', and

``termination'' have the meaning given such terms in the Vienna Convention on the Law of Treaties, concluded at Vienna May 23, 1969.

SEC. 5727. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS

AND NON-BINDING INSTRUMENTS.

(a) Section 112b of Title 1, United States Code.--

(1) In general.--Section 112b of title 1, United States Code, is amended to read as follows:

``Sec. 112b. United States international agreements and non-

binding instruments; transparency provisions

``(a)(1) Not less frequently than once each month, the Secretary shall provide in writing to the appropriate congressional committees the following:

``(A)(i) A list of all international agreements approved for negotiation by the Secretary or another Department of State officer at the Assistant Secretary level or higher and a list of all qualifying non-binding instruments described in subsection (l)(6)(A)(ii)(II) approved for negotiation by the appropriate department or agency during the prior month, or, in the event an international agreement or qualifying non- binding instrument is not included in the lists required by this clause, a certification corresponding to the international agreement or qualifying non-binding instrument as authorized under paragraph (5)(A).

``(ii) A description of the intended subject matter and parties to or participants for each international agreement and qualifying non-binding instrument listed pursuant to clause (i).

``(B)(i) A list of all international agreements and qualifying non-binding instruments signed, concluded, or otherwise finalized during the prior month.

``(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i).

``(iii) A detailed description of the legal authority that, in the view of the Secretary, provides authorization for each international agreement and that, in the view of the appropriate department or agency, provides authorization for each qualifying non-binding instrument provided under clause

(ii) to become operative. If multiple authorities are relied upon in relation to an international agreement, the Secretary shall cite all such authorities, and if multiple authorities are relied upon in relation to a qualifying non-binding instrument, the appropriate department or agency shall cite all such authorities. All citations to the Constitution of the United States, a treaty, or a statute shall include the specific article or section and subsection reference whenever available and, if not available, shall be as specific as possible. If the authority relied upon is or includes article II of the Constitution of the United States, the Secretary or appropriate department or agency shall explain the basis for that reliance.

``(C)(i) A list of all international agreements that entered into force and qualifying non-binding instruments that became operative for the United States or an agency of the United States during the prior month.

``(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i) if such text differs from the text of the agreement or instrument previously provided pursuant to subparagraph

(B)(ii).

``(iii) A statement describing any new or amended statutory or regulatory authority anticipated to be required to fully implement each proposed international agreement and qualifying non-binding instrument included in the list described in clause (i).

``(2) Not less frequently than once every three months, the Secretary shall provide in writing to the appropriate congressional committees the following:

``(A) A list of all qualifying non-binding instruments described in subsection (l)(6)(A)(ii)(I) approved for negotiation by the appropriate department or agency during the prior three months, or, in the event a qualifying non- binding instrument is not included in the list required by this subparagraph, a certification corresponding to the qualifying non-binding instrument as authorized under paragraph (5)(A).

``(B) A description of the intended subject matter and participants for each qualifying non-binding instrument listed pursuant to subparagraph (A).

``(3) The information and text required by paragraphs (1) and (2) shall be submitted in unclassified form, but may include a classified annex.

``(4) In the case of a general authorization issued for the negotiation or conclusion of a series of international agreements of the same general type, the requirements of paragraph (1)(A) may be satisfied by the provision in writing of--

``(A) a single notification containing all the information required by paragraph (1)(A); and

``(B) a list, to the extent described in such general authorization, of the countries or entities with which such agreements are contemplated.

``(5)(A) The Secretary may, on a case-by-case basis, waive the requirements of paragraph (1)(A) or (2)(A) with respect to a specific international agreement or qualifying non- binding instrument, as applicable, for renewable periods of up to 180 days if the Secretary certifies in writing to the appropriate congressional committees that--

``(i) exercising the waiver authority is vital to the negotiation of a particular international agreement or qualifying non-binding instrument; and

``(ii) the international agreement or qualifying non- binding instrument would significantly and materially advance the foreign policy or national security interests of the United States.

``(B) The Secretary shall brief the Majority Leader and the Minority Leader of the Senate, the Speaker and the Minority Leader of the House of Representatives, and the Chairs and Ranking Members of the appropriate congressional committees on the scope and status of the negotiation that is the subject of the waiver under subparagraph (A)--

``(i) not later than 90 days after the date on which the Secretary exercises the waiver; and

``(ii) once every 180 days during the period in which a renewed waiver is in effect.

``(C) The certification required by subparagraph (A) may be provided in classified form.

``(D) The Secretary shall not delegate the waiver authority or certification requirements under subparagraph (A). The Secretary shall not delegate the briefing requirements under subparagraph (B) to any person other than the Deputy Secretary.

``(b)(1) Not later than 120 days after the date on which an international agreement enters into force, the Secretary shall make the text of the agreement, and the information described in subparagraphs (B)(iii) and (C)(iii) of subsection (a)(1) relating to the agreement, available to the public on the website of the Department of State.

``(2) Not less frequently than once every 120 days, the Secretary shall make the text of each qualifying non-binding instrument that became operative during the preceding 120 days, and the information described in subparagraphs (B)(iii) and (C)(iii) of subsection (a)(1) relating to each such instrument, available to the public on the website of the Department of State.

``(3) The requirements under paragraphs (1) and (2) shall not apply to the following categories of international agreements or qualifying non-binding instruments, or to information described in subparagraphs (B)(iii) and (C)(iii) of subsection (a)(1) relating to such agreements or qualifying non-binding instruments:

``(A) International agreements and qualifying non-binding instruments that contain information that has been given a national security classification pursuant to Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information) or any predecessor or successor order, or that contain any information that is otherwise exempt from public disclosure pursuant to United States law.

``(B) International agreements and qualifying non-binding instruments that address specified military operations, military exercises, acquisition and cross servicing, logistics support, military personnel exchange or education programs, or the provision of health care to military personnel on a reciprocal basis.

``(C) International agreements and qualifying non-binding instruments that establish the terms of grant or other similar assistance, including in-kind assistance, financed with foreign assistance funds pursuant to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Food for Peace Act (7 U.S.C. 1691 et seq.).

``(D) International agreements and qualifying non-binding instruments, such as project annexes and other similar instruments, for which the principal function is to establish technical details for the implementation of a specific project undertaken pursuant to another agreement or qualifying non-binding instrument that has been published in accordance with paragraph (1) or (2).

``(E) International agreements and qualifying non-binding instruments that have been separately published by a depositary or other similar administrative body, except that the Secretary shall make the information described in subparagraphs (B)(iii) and (C)(iii) of subsection (a)(1), relating to such agreements or qualifying non-binding instruments, available to the public on the website of the Department of State within the timeframes required by paragraph (1) or (2).

``(c) For any international agreement or qualifying non- binding instrument for which an implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned regardless of the title of the document, is not otherwise required to be submitted to the appropriate congressional committees under subparagraphs

(B)(ii) or (C)(ii) of subsection (a)(1), not later than 30 days after the date on which the Secretary receives a written communication from the Chair or Ranking Member of either of the appropriate congressional committees requesting the text of any such implementing agreements or arrangements, whether binding or non-binding, the Secretary shall submit such implementing agreements or arrangements to the appropriate congressional committees.

``(d) Any department or agency of the United States Government that enters into any international agreement or qualifying non-binding instrument on behalf of itself or the United States shall--

``(1) notify the Secretary of the approval for negotiation of a qualifying non-binding instrument within 15 days of such approval;

``(2) provide to the Secretary the text of each international agreement not later than 15 days after the date on which such agreement is signed or otherwise concluded;

``(3) provide to the Secretary the text of each qualifying non-binding instrument not later than 15 days after the date on which such instrument is concluded or otherwise becomes finalized;

``(4) provide to the Secretary a detailed description of the legal authority that provides authorization for each qualifying non-binding instrument to become operative not later than 15 days after such instrument is signed or otherwise becomes finalized; and

``(5) on an ongoing basis, provide any implementing material to the Secretary for transmittal to the appropriate congressional committees as needed to satisfy the requirements described in subsection (c).

``(e)(1) Each department or agency of the United States Government that enters into any international agreement or qualifying non-binding instrument on behalf of itself or the United States shall designate a Chief International Agreements Officer, who shall--

``(A) be selected from among employees of such department or agency;

``(B) serve concurrently as the Chief International Agreements Officer; and

``(C) subject to the authority of the head of such department or agency, have department- or agency-wide responsibility for efficient and appropriate compliance with this section.

``(2) There shall be a Chief International Agreements Officer who serves at the Department of State with the title of International Agreements Compliance Officer.

``(f) The substance of oral international agreements and qualifying non-binding instruments shall be reduced to writing for the purpose of meeting the requirements of subsections (a) and (b).

``(g) Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary. Such consultation may encompass a class of agreements rather than a particular agreement.

``(h)(1) If the Secretary is aware or has reason to believe that the requirements of subsection (a)(1), (a)(2), (b), or

(c) have not been fulfilled with respect to an international agreement or qualifying non-binding instrument, the Secretary shall--

``(A) immediately bring the matter to the attention of the office or agency responsible for the agreement or qualifying non-binding instrument; and

``(B) request the office or agency to provide within 7 days the information necessary to fulfill the requirements of the relevant subsection.

``(2) Upon receiving the information requested pursuant to paragraph (1), the Secretary shall--

``(A) fulfill the requirements of subsection (a), (b), or

(c), as the case may be, with respect to the agreement or qualifying non-binding instrument concerned--

``(i) by including such information in the next submission required by subsection (a)(1);

``(ii) by providing such information in writing to the appropriate congressional committees before provision of the submission described in clause (i); or

``(iii) in relation to subsection (b), by making the text of the agreement or qualifying non-binding instrument and the information described in subparagraphs (B)(iii) and (C)(iii) of subsection (a)(1) relating to the agreement or instrument available to the public on the website of the Department of State within 15 days; and

``(B) provide to the appropriate congressional committees, either in the next submission required by subsection (a)(1) or before such submission, a written statement explaining the reason for the delay in fulfilling the requirements of subsection (a), (b), or (c), as the case may be.

``(3) Notwithstanding any other provision of law, if the requirements of subsection (a) have not been fulfilled with respect to an international agreement within 45 days of the date on which the Secretary made a request to an office or agency as described in paragraph (1)(B), no amounts appropriated to the Department of State under any law shall be available for obligation or expenditure to implement or to support the implementation of (including through the use of personnel or resources subject to the authority of a chief of mission) that particular international agreement, other than to facilitate compliance with this section, until the Secretary satisfies the substantive requirements in subsection (a) with respect to that particular international agreement.

``(i)(1) Not later than 3 years after the date of the enactment of this section, and not less frequently than once every 3 years thereafter during the 9-year period beginning on the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the compliance of the Secretary with the requirements of this section.

``(2) In any instance in which a failure by the Secretary to comply with such requirements is determined by the Comptroller General to have been due to the failure or refusal of another agency to provide information or material to the Department of State, or the failure to do so in a timely manner, the Comptroller General shall engage such other agency to determine--

``(A) the cause and scope of such failure or refusal;

``(B) the specific office or offices responsible for such failure or refusal; and

``(C) recommendations for measures to ensure compliance with statutory requirements.

``(3) The Comptroller General shall submit to the appropriate congressional committees in writing the results of each audit required by paragraph (1).

``(4) The Comptroller General and the Secretary shall make the results of each audit required by paragraph (1) publicly available on the websites of the Government Accountability Office and the Department of State, respectively.

``(j) The President shall, through the Secretary, promulgate such rules and regulations as may be necessary to carry out this section.

``(k) It is the sense of Congress that the executive branch should not prescribe or otherwise commit to or include specific legislative text in a treaty, executive agreement, or non-binding instrument unless Congress has authorized such action.

``(l) In this section:

``(1) The term `appropriate congressional committees' means--

``(A) the Committee on Foreign Relations of the Senate; and

``(B) the Committee on Foreign Affairs of the House of Representatives.

``(2) The term `appropriate department or agency' means the department or agency of the United States Government that negotiates and enters into a qualifying non-binding instrument on behalf of itself or the United States.

``(3) The term `Deputy Secretary' means the Deputy Secretary of State.

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

``(5) The term `international agreement' includes--

``(A) any treaty that requires the advice and consent of the Senate, pursuant to article II of the Constitution of the United States; and

``(B) any other international agreement to which the United States is a party and that is not subject to the advice and consent of the Senate.

``(6) The term `qualifying non-binding instrument'--

``(A) except as provided in subparagraph (B), means a non- binding instrument that--

``(i) is or will be under negotiation, is signed or otherwise becomes operative, or is implemented with one or more foreign governments, international organizations, or foreign entities, including non-state actors; and

``(ii)(I) could reasonably be expected to have a significant impact on the foreign policy of the United States; or

``(II) is the subject of a written communication from the Chair or Ranking Member of either of the appropriate congressional committees to the Secretary; and

``(B) does not include any non-binding instrument that is signed or otherwise becomes operative or is implemented pursuant to the authorities relied upon by the Department of Defense, the Armed Forces of the United States, or any element of the intelligence community.

``(7) The term `Secretary' means the Secretary of State.

``(8)(A) The term `text' with respect to an international agreement or qualifying non-binding instrument includes--

``(i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the international agreement or qualifying non-binding instrument; and

``(ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned regardless of the title of the document, that is entered into contemporaneously and in conjunction with the international agreement or qualifying non-binding instrument.

``(B) As used in subparagraph (A), the term

`contemporaneously and in conjunction with'--

``(i) shall be construed liberally; and

``(ii) may not be interpreted to require any action to have occurred simultaneously or on the same day.

``(m) Nothing in this section may be construed to authorize the withholding from disclosure to the public of any record if such disclosure is required by law.''.

(2) Clerical amendment.--The table of sections at the beginning of chapter 2 of title 1, United States Code, is amended by striking the item relating to section 112b and inserting the following:

``112b. United States international agreements and non-binding instruments; transparency provisions.''.

(3) Technical and conforming amendment relating to authorities of the secretary of state.--Section 317(h)(2) of the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2)) is amended by striking ``Section 112b(c)'' and inserting

``Section 112b(g)''.

(4) Mechanism for reporting.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall establish a mechanism for personnel of the Department who become aware or who have reason to believe that the requirements under section 112b of title 1, United States Code, as amended by paragraph (1), have not been fulfilled with respect to an international agreement or qualifying non- binding instrument (as such terms are defined in such section) to report such instances to the Secretary.

(5) Rules and regulations.--Not later than 180 days after the date of the enactment of this Act, the President, through the Secretary, shall promulgate such rules and regulations as may be necessary to carry out section 112b of title 1, United States Code, as amended by paragraph (1).

(6) Consultation and briefing requirement.--

(A) Consultation.--The Secretary shall consult with the appropriate congressional committees on matters related to the implementation of this section and the amendments made by this section before and after the effective date described in subsection (c).

(B) Briefing.--Not later than 90 days after the date of the enactment of this Act, and once every 90 days thereafter for 1 year, the Secretary shall brief the appropriate congressional committees regarding the status of efforts to implement this section and the amendments made by this section.

(7) Authorization of appropriations.--There is authorized to be appropriated to the Department $1,000,000 for each of the fiscal years 2023 through 2027 for purposes of implementing the requirements of section 112b of title 1, United States Code, as amended by paragraph (1).

(b) Section 112a of Title 1, United States Code.--Section 112a of title 1, United States Code, is amended--

(1) by striking subsections (b), (c), and (d); and

(2) by inserting after subsection (a) the following:

``(b) Copies of international agreements and qualifying non-binding instruments in the possession of the Department of State, but not published, other than the agreements described in section 112b(b)(3)(A), shall be made available by the Department of State upon request.''.

(c) Effective Date of Amendments.--The amendments made by this section shall take effect on the date that is 270 days after the date of the enactment of this Act.

TITLE LVIII--EXTENSION OF AUTHORITIES

SEC. 5801. CONSULTING SERVICES.

Any consulting services through procurement contracts shall be limited to contracts in which such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive orders issued pursuant to existing law.

SEC. 5802. DIPLOMATIC FACILITIES.

For the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose.

SEC. 5803. EXTENSION OF EXISTING AUTHORITIES.

(a) Extension of Authorities.--

(1) Passport fees.--Section 1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by striking ``September 30, 2010'' and inserting ``September 30, 2024''.

(2) Incentives for critical posts.--The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111-32) shall remain in effect through

``September 30, 2024''.

(3) USAID civil service annuitant waiver.--Section 625(j)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)(B)) shall be applied by striking ``October 1, 2010'' and inserting ``September 30, 2024''.

(4) Overseas pay comparability and limitation.--

(A) In general.--The authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111-32) shall remain in effect through September 30, 2024.

(B) Limitation.--The authority described in subparagraph

(A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 (Public Law 111-32)) a locality- based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member's official duty station were in the District of Columbia.

(5) Inspector general annuitant waiver.--The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111-212)--

(A) shall remain in effect through September 30, 2024; and

(B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen.

(6) Accountability review boards.--The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2024, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives.

(7) Department of state inspector general waiver authority.--The Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section.

(b) Extension of Procurement Authority.--Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112-74) shall continue in effect until September 30, 2024.

SEC. 5804. WAR RESERVES STOCKPILE AND MILITARY TRAINING

REPORT.

(a) Extension of War Reserves Stockpile Authority.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking ``of this section'' and all that follows through the period at the end and inserting ``of this section after September 30, 2024.''.

(b) Annual Foreign Military Training Report.--For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term ``military training provided to foreign military personnel by the Department of Defense and the Department of State'' shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated under section 517(b) of such Act (22 U.S.C. 2321k(b)) as a major non-North Atlantic Treaty Organization ally. Such third-country training shall be clearly identified in the report submitted pursuant to such section 656.

TITLE LIX--GLOBAL CORRUPTION AND RESPECT

SEC. 5901. SHORT TITLE.

This title may be cited as the ``Combating Global Corruption Act of 2022''.

SEC. 5902. DEFINITIONS.

In this title:

(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. 5903. PUBLICATION OF TIERED RANKING LIST.

(a) In General.--The Secretary 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 5904.

(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 5904, 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 5904.

SEC. 5904. 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 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. 5905. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY

HUMAN RIGHTS ACCOUNTABILITY ACT.

(a) In General.--The Secretary, 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 5903; 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 under section 5903(a) and annually thereafter, the Secretary 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.

(b) shall be submitted in unclassified form but may include a classified annex.

(d) Briefing in Lieu of Report.--The Secretary, in coordination with the Secretary of the Treasury, may (except with respect to the list required under 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 Untied 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 of the Senate;

(2) the Committee on Appropriations of the Senate;

(3) the Committee on Banking, Housing, and Urban Affairs of the Senate;

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

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

(6) the Committee on Appropriations of the House of Representatives;

(7) the Committee on Financial Services of the House of Representatives; and

(8) the Committee on the Judiciary of the House of Representatives.

SEC. 5906. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF

CONTACT.

(a) In General.--The Secretary 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 5903, 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 shall implement appropriate training for anti-corruption points of contact designated under subsection (a).

______

SA 5621. 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 IX, add the following:

SEC. 906. REPORT ON REASSIGNMENT OF RESPONSIBILITIES

PREVIOUSLY ASSIGNED TO CHIEF MANAGEMENT

OFFICER.

Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a report on the implementation plan for and progress made toward reassignment of the responsibilities previously assigned to the Chief Management Officer of the Department of Defense abolished by section 901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3794).

______

SA 5622. 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 title II, insert the following:

SEC. ___. STUDY ON RESEARCH PROGRAMS OF THE DEPARTMENT OF

DEFENSE.

(a) Study Required.--The Secretary of Defense shall conduct a study on the research programs of the Department of Defense.

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

(1) Identification of all research programs of the Department.

(2) Identification of which programs identified under paragraph (1) are duplicates of each other and which programs are duplicates of programs of other Federal agencies.

(3) For each program of the Department identified under paragraph (2) that is a duplicate of another program of the Department but is carried out by a different military department or Defense Agency, identification of which military department or Defense Agency is the most appropriate entity to carry out the program.

______

SA 5623. 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 X, add the following:

SEC. 10__. SENSE OF SENATE REGARDING RECOGNIZING NATIONAL

DEBT AS A THREAT TO NATIONAL SECURITY.

(a) Findings.--Congress finds that--

(1) in September 2020, the total public debt outstanding of the United States was more than $26,000,000,000,000, resulting in a total interest expense of more than

$371,000,000,000 for fiscal year 2020;

(2) in September 2019, the total public debt as a percentage of gross domestic product was about 100 percent;

(3) leaders of the Congressional Budget Office and the Government Accountability Office have testified that--

(A) the growth of the public debt is unsustainable; and

(B) Congress must undertake extensive fiscal consolidation to combat that growth;

(4) the last Federal budget surplus occurred in 2001;

(5) in fiscal year 2020, Federal tax receipts totaled

$3,420,000,000,000, but Federal outlays totaled

$6,652,000,000,000, leaving the Federal Government with a 1- year deficit of $3,132,000,000,000;

(6) since the last Federal budget surplus occurred in 2001, Congress--

(A) has failed to maintain a fiscally responsible budget; and

(B) has had to raise the debt ceiling repeatedly;

(7) the Medicare Board of Trustees projects that the Medicare Hospital Insurance Trust Fund will be depleted in 2026;

(8) the Social Security and Medicare Boards of Trustees project that the Disability Insurance and the Federal Old-Age and Survivors Insurance Trust Funds will be depleted in 2026 and 2031, respectively;

(9) heavy indebtedness increases the exposure of the Federal Government to interest rate risks;

(10) the credit rating of the United States was reduced by Standard and Poor's from AAA to AA+ on August 5, 2011, and has remained at that level ever since;

(11) without a targeted effort to balance the Federal budget, the credit rating of the United States will continue to fall;

(12) improvements in the business climate in populous countries, and aging populations around the world, will likely contribute to higher global interest rates;

(13) more than $7,000,000,000,000 of Federal debt is owned by individuals not located in the United States, including more than $1,000,000,000,000 of which is owned by individuals in China;

(14) China and the European Union are developing alternative payment systems to weaken the dominant position of the United States dollar as a reserve currency;

(15) rapidly increasing interest rates will squeeze all policy priorities of the United States, including defense policy and foreign policy priorities;

(16) the National Security Strategy of the United States, as of the date of enactment of this Act, highlights the need to reduce the national debt through fiscal responsibility;

(17) on April 12, 2018, former Secretary of Defense James Mattis warned that ``any Nation that can't keep its fiscal house in order eventually cannot maintain its military power'';

(18) on March 6, 2018, former Director of National Intelligence Dan Coats warned: ``Our continued plunge into debt is unsustainable and represents a dire future threat to our economy and to our national security'';

(19) on November 15, 2017, former Secretaries of Defense Leon Panetta, Ash Carter, and Chuck Hagel warned: ``Increase in the debt will, in the absence of a comprehensive budget that addresses both entitlements and revenues, force even deeper reductions in our national security capabilities''; and

(20) on September 22, 2011, former Chairman of the Joint Chiefs of Staff Michael Mullen warned: ``I believe the single, biggest threat to our national security is debt''.

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

(1) the national debt is a threat to the national security of the United States;

(2) persistent, structural deficits are unsustainable, irresponsible, and dangerous; and

(3) the looming fiscal crisis faced by the United States must be addressed.

______

SA 5624. 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 title V, insert the following:

SEC. ___. SHARING OF INFORMATION REGARDING SAFETY

INVESTIGATIONS OF THE DEPARTMENT OF DEFENSE.

(a) Submittal of Information to Congress.--

(1) In general.--The Secretary of Defense shall--

(A) upon request of a member of Congress for information regarding a safety investigation conducted by the Department of Defense, not later than 30 days after the date on which the Secretary receives the request, submit to the member of Congress the information requested; and

(B) not later than 30 days after the date of the completion of an investigation with respect to which the Secretary submitted information under subparagraph (A) to a member of Congress, submit to the member updated information with respect to the investigation.

(2) Redaction.--The Secretary of Defense may not redact any information submitted under paragraph (1).

(3) Form.--Information submitted under paragraph (1) may be submitted in classified form as the Secretary determines necessary to protect national security and the investigatory process.

(b) Sharing of Information Among Military Departments.--For each safety investigation conducted by the Department of Defense that involves equipment used by more than one military department, the Secretary of Defense shall, not later than 30 days after the date of the completion of the safety investigation, ensure that information regarding the investigation is transmitted to the Secretary of each military department that uses such equipment.

______

SA 5625. 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 VII, add the following:

SEC. 730. REQUIREMENTS OF CONTRACTOR UNDER PHARMACY BENEFITS

PROGRAM.

(a) In General.--The Secretary of Defense shall ensure that all pharmacies that were considered in-network under the pharmacy benefits program under section 1074g of title 10, United States Code, under the contract that immediately preceded the contract by the Secretary with Express Scripts under such program in effect as of the date of the enactment of this Act are considered in-network pharmacies under such contract with Express Scripts on and after the date of the enactment of this Act.

(b) Previous Agreements.--The Secretary shall ensure that, in carrying out their contract under the pharmacy benefits program under section 1074g of title 10, United States Code, Express Scripts honors all agreements made with pharmacies under the contract that immediately preceded the contract by the Secretary with Express Scripts under such program and the terms of any such agreement.

______

SA 5626. 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 VII, add the following:

SEC. 730. LIMITATION ON USE OF PHARMACIES UNDER PHARMACY

BENEFITS PROGRAM.

The Secretary of Defense shall ensure that any entity with which the Secretary has entered into a contract to carry out the pharmacy benefits program under section 1074g of title 10, United States Code, does not exclusively use the private network of pharmacies of the entity, or pharmacies with which the entity is affiliated, as the base for the network of pharmacies used by the entity under such contract.

______

SA 5627. Mr. BROWN (for himself and Mr. Inhofe) 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. ___. LAW ENFORCEMENT TRAINING FOR MENTAL HEALTH CRISIS

GRANT PROGRAM.

(a) Findings; Purpose.--

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

(A) Law enforcement and corrections officers routinely respond to emergencies involving individuals suffering from a mental health crisis.

(B) Recent statistics have shown that as many as--

(i) 1 in every 10 calls for police response involve a person suffering from a mental illness;

(ii) 1 in every 4 people killed by police suffer from a mental health problem; and

(iii) 1 in 3 people transported to a hospital emergency room for psychiatric reasons are taken by the police.

(C) Law enforcement response calls to individuals suffering from substance use disorder have increased during the current opioid epidemic.

(D) There is a need to ensure that law enforcement officers have access to proper evidence-based training in responding to mental health crises.

(E) Proper training for response to individuals suffering from a mental health crisis can better protect the safety of the general public and law enforcement officers.

(F) Law enforcement and corrections officers in the United States can better serve their communities if the officers receive training to effectively and safely resolve the mental health crises.

(2) Purpose.--The purpose of this section is to provide grants to State, local, and Tribal law enforcement agencies and corrections agencies to obtain behavioral health crisis response training for law enforcement officers and corrections officers to--

(A) better train law enforcement officers and corrections officers to resolve behavioral health crisis situations;

(B) reduce the number of law enforcement officers and corrections officers killed or injured while responding to a behavioral health crisis; and

(C) reduce the number of individuals killed or injured during a behavioral health crisis in which a law enforcement officer or corrections officer responds.

(b) Law Enforcement Training for Mental Health Crisis Grant Program.--

(1) Reservation of funds.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10157) is amended by adding at the end the following:

``(c) Of the total amount made available to carry out this subpart for a fiscal year, the Attorney General may reserve not more than $10,000,000 to carry out the program under section 509.''.

(2) Law enforcement training for mental health crisis grant program.--Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding at the end the following:

``SEC. 509. LAW ENFORCEMENT TRAINING FOR MENTAL HEALTH CRISIS

GRANT PROGRAM.

``(a) Grants Authorized.--Subject to the availability of appropriations, the Attorney General is authorized to award grants to applicants for--

``(1) law enforcement officers or corrections officers to receive training from a program; and

``(2) the cost of transportation and lodging associated with law enforcement officers or corrections officers attending such program.

``(b) Program Standards.--The Attorney General shall establish and publish qualification standards for organizations that provide programs.

``(c) Applications.--

``(1) In general.--The head of an applicant shall submit to the Attorney General an application that--

``(A) shall include--

``(i) a statement describing the program the law enforcement officers or corrections officers will complete;

``(ii) the total number of law enforcement officers or corrections officers in the agency;

``(iii) the number of law enforcement officers or corrections officers of the agency that have been killed, or seriously injured while responding to a behavioral health crisis during the 5-year-period preceding the date of the application; and

``(iv) whether the law enforcement officers or corrections officers employed by the agency receive any behavioral health crisis response training, including during basic officer training; and

``(B) in addition to the information required under subparagraph (A), may, at the option of the applicant, include information relating to--

``(i) recent incidents involving officers of the agency during which behavioral health crisis response training could have played a role in protecting the safety of--

``(I) the law enforcement officer or the public, including the persons or persons the law enforcement officers encountered; or

``(II) the corrections officer or inmates at the correctional facility; and

``(ii) estimated cost of attendance of a program per officer.

``(d) Restrictions.--

``(1) Supplemental funds.--Grant funds shall be used to supplement, and not supplant, State, local, and Tribal funds made available to any applicant for any of the purposes described in subsection (a).

``(2) Administrative costs.--Not more than 3 percent of any grant made under this section may be used for administrative costs.

``(e) Reports and Records.--

``(1) Reports.--For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing--

``(A) a summary of any activity carried out using grant funds;

``(B) the number of officers that received training using grant funds; and

``(C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate.

``(2) Records.--For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall--

``(A) keep--

``(i) any record relating to the receipt and use of grant funds; and

``(ii) any other record as the Attorney General may require; and

``(B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General.

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

``(1) Applicant.--The term `applicant' means a law enforcement agency or corrections agency that applies for a grant under this section.

``(2) Attorney general.--The term `Attorney General' means the Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs.

``(3) Grant funds.--The term `grant funds' means funds from a grant awarded under this section.

``(4) Law enforcement agency.--The term `law enforcement agency' means an agency of a State or unit of local government that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

``(5) Program.--The term `program' means a program or class that--

``(A) provides instructional training to law enforcement officers or corrections officers for response to a behavioral health crisis, including response to people suspected to be under the influence of a drug or psychoactive substance, and response to circumstances in which a person is suspected to be suicidal or suffering from a mental illness;

``(B) includes training on techniques and strategies designed to protect--

``(i) the health and safety of law enforcement officers and the public, including the person or persons a law enforcement officer encounters during a behavioral health crisis response; or

``(ii) the health and safety of corrections officers and inmates at the correctional facility, including the inmate a corrections officer encounters during a behavioral health crisis response, or in the normal course of business of interactions with the inmate; and

``(C) is developed in conjunction with healthcare professionals to provide crisis intervention training focused on understanding mental and behavioral health, developing empathy, navigating community resources, de-escalation skills, and practical application training for officers.

``(6) Recipient.--The term `recipient' means an applicant that receives a grant under this section.''.

______

SA 5628. 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 D of title XXVIII, add the following:

SEC. 2868. CONSTRUCTION OF FIRE HOUSE AT WALTER REED NATIONAL

MILITARY MEDICAL CENTER.

(a) In General.--The Secretary of Defense shall construct a new fire house at Walter Reed National Military Medical Center as part of the Phase 5 Military Construction Program of the Department of Defense.

(b) Completion.--The Secretary shall complete the construction required under subsection (a) not later than five years after the date of the enactment of this Act.

______

SA 5629. 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 D of title XXVIII, add the following:

SEC. 2868. MOVEMENT OR CONSOLIDATION OF JOINT SPECTRUM CENTER

TO FORT MEADE, MARYLAND OR ANOTHER APPROPRIATE

LOCATION.

(a) In General.--Not later than September 30, 2023, the Secretary of Defense shall take appropriate action to move, consolidate, or both, the offices of the Joint Spectrum Center of the Department of Defense to the headquarters building of the Defense Information Systems Agency at Fort Meade, Maryland, or another appropriate location chosen by the Secretary for national security purposes to ensure the physical and cybersecurity protection of personnel and missions of the Department.

(b) Authorization of Military Construction.--Any facility, road, or infrastructure constructed or altered on a military installation as a result of the requirement under subsection

(a) is deemed to be authorized by law in accordance with section 2802(a) of title 10, United States Code.

(c) Termination of Existing Lease.--Upon completion of the relocation of the Joint Spectrum Center pursuant to subsection (a), all right, title, and interest of the United States in and to the existing lease for the Joint Spectrum Center shall be terminated.

(d) Repeal of Obsolete Authority.--Section 2887 of the Military Construction Authorization Act for Fiscal Year 2008

(Public Law 110-181; 122 Stat. 569) is repealed.

______

SA 5630. 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 D of title I, add the following:

SEC. 144. PROHIBITION RELATING TO FLYING MISSION OF THE AIR

NATIONAL GUARD; USE OF FUNDS FOR RUNWAYS OF THE

AIR NATIONAL GUARD.

(a) Prohibition.--

(1) In general.--The Secretary of the Air Force may not reduce below 200 the inventory of A-10 aircraft or the inventory of F-22 aircraft.

(2) Expiration of prohibition.--The prohibition under paragraph (1) shall cease to have effect on the date on which the Secretary of the Air Force submits to Congress a plan to maintain the flying mission of the Air National Guard.

(b) Air National Guard Runways.--The Secretary of the Air Force shall use amounts available to the Secretary for sustainment, restoration and modernization (SRM) to enhance and improve runways of the Air National Guard in existence as of the date of the enactment of this Act.

______

SA 5631. 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 XI, add the following:

SEC. 1115. PROHIBITION ON REDUCTION OF SENIOR EXECUTIVE

SERVICE POSITIONS FOR NAVY LABORATORIES AND

NAVAL SURFACE WARFARE CENTERS.

The Secretary of the Navy may not reduce the number of Senior Executive Service positions (as defined in section 3132(a) of title 5, United States Code) maintained as of the date of the enactment of this Act for any--

(1) laboratory of the Navy; or

(2) Naval Surface Warfare Center.

______

SA 5632. 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 III, add the following:

SEC. 389. PROHIBITION ON ELIMINATION OF CHEMICAL BIOLOGICAL

INCIDENT RESPONSE FORCE OF MARINE CORPS.

(a) In General.--The Secretary of Defense may not eliminate the Chemical Biological Incident Response Force of the Marine Corps or the funding for such force.

(b) Report on Funding and Maintenance of Program.--Not later than April 25, 2023, the Secretary of Defense, in coordination with the Commandant of the Marine Corps, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on how the Department of Defense will fund and maintain the Chemical Biological Incident Response Force of the Marine Corps.

______

SA 5633. Mr. CARDIN (for himself and Mr. Van Hollen) 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. __. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES

CENTER.

(a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following:

``SEC. 323. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES

CENTER.

``(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2), which shall be the lead Federal facility dedicated to defending the United States against biological threats by--

``(1) understanding the risks posed by intentional, accidental, and natural biological events; and

``(2) providing the operational capabilities to support the investigation, prosecution, and prevention of biocrimes and bioterrorism.

``(b) Laboratory Described.--The laboratory described in this subsection may be a federally funded research and development center--

``(1) known, as of the date of enactment of this section, as the National Biodefense Analysis and Countermeasures Center;

``(2) that may include--

``(A) the National Bioforensic Analysis Center, which conducts technical analyses in support of Federal law enforcement investigations; and

``(B) the National Biological Threat Characterization Center, which conducts experiments and studies to better understand biological vulnerabilities and hazards; and

``(3) transferred to the Department pursuant to subparagraphs (A), (D), and (F) of section 303(1) and section 303(2).

``(c) Laboratory Activities.--The National Biodefense Analysis and Countermeasures Center shall--

``(1) conduct studies and experiments to better understand current and future biological threats and hazards and pandemics;

``(2) provide the scientific data required to assess vulnerabilities, conduct risk assessments, and determine potential impacts to guide the development of countermeasures;

``(3) conduct and facilitate the technical forensic analysis and interpretation of materials recovered following a biological attack, or in other law enforcement investigations requiring evaluation of biological materials, in support of the appropriate lead Federal agency;

``(4) coordinate with other national laboratories to enhance research capabilities, share lessons learned, and provide training more efficiently;

``(5) collaborate with the Homeland Security Enterprise, as defined in section 2211(h), to plan and conduct research to address gaps and needs in biodefense; and

``(6) carry out other such activities as the Secretary determines appropriate.

``(d) Work for Others.--The National Biodefense Analysis and Countermeasures Center shall engage in a continuously operating Work for Others program to make the unique biocontainment and bioforensic capabilities of the National Biodefense Analysis and Countermeasures Center available to other Federal agencies.

``(e) Facility Repair and Routine Equipment Replacement.-- The National Biodefense Analysis and Countermeasures Center shall--

``(1) perform regularly scheduled and required maintenance of laboratory infrastructure; and

``(2) procure mission-critical equipment and capability upgrades.

``(f) Facility Mission Needs Assessment.--

``(1) In general.--To address capacity concerns and accommodate future mission needs and advanced capabilities, the Under Secretary for Science and Technology shall conduct a mission needs assessment, to include scoping for potential future needs or expansion, of the National Biodefense Analysis and Countermeasures Center.

``(2) Submission.--Not later than 120 days after the date of enactment of this section, the Under Secretary for Science and Technology shall provide the assessment conducted under paragraph (1) to--

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

``(B) the Committee on Homeland Security and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the House of Representatives.

``(g) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to support the activities of the laboratory designated under this section.

``(h) Rule of Construction.--Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.''.

(b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002

(Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 322 the following:

``Sec. 323. National Biodefense Analysis and Countermeasures Center.''.

______

SA 5634. Mr. CARDIN (for himself and Mr. Van Hollen) 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. __. CHEMICAL SECURITY ANALYSIS CENTER.

(a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following:

``SEC. 323. CHEMICAL SECURITY ANALYSIS CENTER.

``(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2), which shall be used to conduct studies, analyses, and research to assess and address the threat, hazards, and risks associated with an accidental or intentional chemical event or chemical terrorism event.

``(b) Laboratory Described.--The laboratory described in this subsection is the laboratory known, as of the date of enactment of this section, as the Chemical Security Analysis Center.

``(c) Laboratory Activities.--The Chemical Security Analysis Center shall--

``(1) identify and develop countermeasures and mitigation strategies to chemical threats, including the development of comprehensive, research-based definable goals for those countermeasures;

``(2) provide an enduring science-based chemical threat and hazard analysis capability;

``(3) provide expertise in risk and consequence modeling, chemical sensing and detection, analytical chemistry, chemical toxicology, synthetic chemistry and reaction characterization, and nontraditional chemical agents and emerging chemical threats;

``(4) staff and operate a technical assistance program that provides operational support and subject matter expertise, design and execute laboratory and field tests, and provide a comprehensive knowledge repository of chemical threat information that is continuously updated with data from scientific, intelligence, operational, and private sector sources;

``(5) consult, as appropriate, with the Countering Weapons of Mass Destruction Office of the Department to mitigate, prepare, and respond to threats, hazards, and risks associated with an accidental or intentional chemical event or chemical terrorism event; and

``(6) carry out such other activities as the Secretary determines appropriate.

``(d) Rule of Construction.--Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.''.

(b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002

(Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 322 the following:

``Sec. 323. Chemical Security Analysis Center.''.

______

SA 5635. Mrs. HYDE-SMITH 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. ____. PROHIBITION ON OPERATION OR PROCUREMENT OF CERTAIN

FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.

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

(1) an unmanned aircraft system that--

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

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

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

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

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

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

(b) Waiver.--

(1) In general.--The Secretary is authorized to waive the prohibition under subsection (a) if the Secretary certifies in writing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS referred to in paragraphs (1) through (3) of subsection (a) that is the subject of such a waiver is required--

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

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

(2) Notice.--Not later than 14 days after the date on which a waiver is issued under paragraph (1), the Secretary shall submit the certification described in paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

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

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

(3) Exception.--Notwithstanding the prohibition under subsection (a), the head of an office or component of the Department may continue to operate a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS described in paragraphs

(1) through (3) of subsection (a) that was in the inventory of the office or component on the day before the effective date of this Act until the later of--

(A) such time as the Secretary has--

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

(ii) declined to grant such a waiver; or

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

(d) Drone Origin Security Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a terrorism threat assessment and report that contains information relating to the following:

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

(2) The number of UAS, software operating systems associated with a UAS, or systems for the detection or identification of a UAS from a covered foreign country in operation by the Department, including an identification of the component or office of the Department at issue, as of the date on which the report is submitted.

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

(e) Definitions.--In this section:

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

(A) the intelligence community has identified as a foreign adversary in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947

(50 U.S.C. 3043b) (commonly known as the ``Annual Threat Assessment''); or

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

(2) Department.--The term ``Department'' means the Department of Homeland Security.

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

(4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

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

``unmanned aircraft system'' in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

______

SA 5636. Mr. WARNOCK (for himself 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 F of title III, add the following:

SEC. 389. MODIFICATION OF AUTHORIZATION OF USE OF WORKING

CAPITAL FUNDS FOR UNSPECIFIED MINOR MILITARY

CONSTRUCTION PROJECTS RELATED TO REVITALIZATION

AND RECAPITALIZATION OF DEFENSE INDUSTRIAL BASE

FACILITIES.

Section 2208(u)(2)(B) of title 10, United States Code, is amended by striking ``specified in subsection (a)(2)'' and all that follows through the period at the end and inserting

``shall be $11,000,000 instead of any dollar limitation specified in section 2805 of this title.''.

______

SA 5637. Mr. WARNOCK 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 VIII, insert the following:

SEC. 875. REPORT ON EFFECTS OF SEMICONDUCTOR CHIP SHORTAGE ON

DEPARTMENT OF DEFENSE.

(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Commerce, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effects of the semiconductor chip shortage on the Department of Defense, including the effects of the shortage on--

(1) current defense acquisition programs; and

(2) the ability of current and future defense acquisition programs--

(A) to use state-of the-art semiconductor capabilities; and

(B) to incorporate state-of-the-art artificial intelligence capabilities.

(b) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

______

SA 5638. Mr. WARNOCK (for himself, Mr. Blumenthal, Mr. Bennet, and Mr. Merkley) 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. STUDY AND REPORT ON BARRIERS TO HOME OWNERSHIP FOR

MEMBERS OF THE ARMED FORCES.

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center or nonprofit entity to conduct a study on the barriers to home ownership for members of the Armed Forces. At the conclusion of such study, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the following elements:

(1) Potential barriers to home ownership, including down payments, concerns about home maintenance, and challenges in selling a home.

(2) The percentage of members who use the basic allowance for housing under section 403 of title 37, United States Code, to pay for a mortgage, disaggregated by Armed Force, rank, and military housing area.

(3) Any identified differences in home ownership rates among members correlated with race or gender.

(4) What percentage of members own a home before they separate from the Armed Forces.

______

SA 5639. Mr. WARNOCK (for himself, Mr. Boozman, Mr. Ossoff, Mr. Blumenthal, and Mr. Bennet) 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. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR MEMBERS

OF THE UNIFORMED SERVICES.

(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the basic allowance for housing for members of the uniformed services.

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

(1) The evaluation of the Secretary--

(A) of the efficiency and accuracy of the current system used to calculate the basic allowance for housing for members of the uniformed services under section 403 of title 37, United States Code;

(B) of the appropriateness of using mean and median housing costs in such calculation;

(C) of existing military housing areas, in relation to choices in, and availability of, housing for members of the uniformed services; and

(D) of the suitability of the six standard housing profiles in relation to the average family sizes of members of the uniformed services, disaggregated by uniformed service, rank, and military housing area.

(2) The recommendation of the Secretary--

(A) regarding the feasibility of including information, furnished by Federal entities, regarding school districts, in calculating the basic allowance for housing;

(B) whether to calculate the basic allowance for housing more frequently, including in response to a sudden change in the housing market;

(C) whether to enter into an agreement with a commercial entity, to compile data and develop an algorithm, in order to calculate the basic allowance for housing; and

(D) whether to publish the methods used by the Secretary to calculate the basic allowance for housing on a publicly accessible website of the Department of Defense.

______

SA 5640. Mr. WARNOCK 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 XXVIII, add the following:

SEC. 2825. RESPONSES TO THE HOUSING SHORTAGE FOR MEMBERS OF

THE ARMED FORCES.

(a) Report on Housing Shortage for Members of the Armed Forces.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the housing shortage for members of the Armed Forces.

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

(A) The determination of the Secretary regarding the feasibility of acquiring real property near military installations that face housing shortages to be used for the development of privatized housing.

(B) The determination of the Secretary regarding the need for an officer or civilian employee of the Department of Defense to serve, at each military installation, as a housing manager.

(b) Guidance to Landlords of Privatized Housing.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe guidance for eligible entities and landlords regarding acceptable housing standards for privatized housing.

(1) Pilot program on using rental partnership programs of the armed forces to assure tenants for developers of privatized housing.--

(A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to assess the feasibility of using the rental partnership programs of the Armed Forces to assure tenants for eligible entities to secure financing to construct privatized housing.

(B) Locations.--The Secretary shall operate the pilot program under subparagraph (A) in not more than 10 military housing areas that each have a rental vacancy rate of less than seven percent.

(C) Term.--The pilot program under subparagraph (A) shall terminate on the date that is five years after the Secretary establishes the pilot program.

(D) Report.--Not later than 90 days after the termination of the pilot program under subparagraph (A), the Secretary shall submit to Congress a report on the results of the pilot program.

(2) Joint pilot program on financial incentives for developers of privatized housing.--

(A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Housing and Urban Development, shall develop a pilot program to provide financial incentives to eligible entities to build privatized housing or to purchase or lease existing facilities to house members of the Armed Forces and their dependents and to house low-income individuals and families, as determined by the Secretary of Housing and Urban Development.

(B) Eligible projects.--

(i) In general.--In order to be eligible for an incentive under the pilot program under subparagraph (A), proposed privatized housing shall ensure that a percentage of such housing is reserved for members of the Armed Forces and dependents of such members.

(ii) Percentage.--The percentage under clause (i) shall vary proportionately to the value of the incentive provided under subparagraph (A).

(C) Locations.--The Secretary of Defense and the Secretary of Housing and Urban Development shall operate the pilot program under subparagraph (A) in areas that have the longest wait times for on-base housing.

(D) Priority.--In selecting eligible entities under the pilot program under subparagraph (A), the Secretary of Defense and the Secretary of Housing and Urban Development shall give priority to entry-level housing and projects with greater density.

(E) Term.--The pilot program under subparagraph (A) shall terminate on the date that is five years after the Secretary of Defense establishes the pilot program.

(F) Report.--Not later than 90 days after the termination of the pilot program, the Secretary of Defense and the Secretary of Housing and Urban Development shall submit to Congress a report on the results of the pilot program.

(3) Joint grant program.--

(A) In general.--The Secretary of Defense and Secretary of Housing and Urban Development may jointly operate a grant program through the Office of Local Defense Community Cooperation of the Department of Defense to build housing for members of the Armed Forces and their dependents and for low- income individuals and families.

(B) Treatment of household income limits.--Household income limits for entities eligible to receive a grant under subparagraph (A) shall not differ based on whether a household includes a member of the Armed Forces.

(d) Definitions.--In this section:

(1) Eligible entity; landlord.--The terms ``eligible entity'' and ``landlord'' have the meanings given such terms in section 2871 of title 10, United States Code.

(2) Privatized housing.--The term ``privatized housing'' means housing under subchapter IV of chapter 169 of such title.

______

SA 5641. Mr. WARNOCK 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 II, insert the following:

SEC. ___. ADVANCED BATTLE MANAGEMENT SYSTEM RESEARCH AND

DEVELOPMENT.

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

(1) continue development and fielding of the Advanced Battle Management System (ABMS) and ground moving target indication (GMTI) capability; and

(2) increase the ability of the Air Force to develop and sustain air battle managers capable of conducting remote battlefield command and control missions in support of the National Defense Strategy.

(b) Research and Development.--

(1) In general.--The Secretary of the Air Force shall carry out research and development activities relating to Advanced Battle Management System to sustain and enhance ground moving target indication and air battle management capabilities.

(2) Elements.--Research and development activities carried out under paragraph (1) shall include the following:

(A) Identifying necessary associated aircraft, technological platforms, personnel, functions, and necessary associated units to enable remote command and control by air battle managers.

(B) Identifying regional ecosystems with advantageous supporting base structures and academic institutions that would complement a central location for developing and sustaining that air battle manager capability.

(C) Assessing the feasibility and advisability of establishing an air battle manager center of excellence to be the processing, exploitation, and dissemination hub of development for the Advanced Battle Management System and associated platforms, systems, aircraft, and functions.

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the Advanced Battle Management System.

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

(A) A timeline defining the breadth of the Advanced Battle Management System program.

(B) An assessment of the feasibility and advisability of establishing of an air battle manager center of excellence as described in subsection (b)(2)(C).

______

SA 5642. Mr. WARNOCK (for himself and Mr. Boozman) 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. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report--

(1) reviewing the adequacy of the amounts of dislocation and relocation allowances paid under section 452 of title 37, United States Code, to members of the uniformed services in connection with changes in such members' temporary or permanent duty assignment locations, taking into consideration the rising costs of moving, challenges in the housing market, and other expenses incurred by such members;

(2) assessing the effects of delays in the issuance of orders relating to changes to temporary or permanent duty assignment locations on the timing of dislocation and relocation allowances paid to members of the uniformed services;

(3) assessing the feasibility and advisability of paying dislocation or relocation allowances to members of the uniformed services who are permanently assigned from one unit to another with no change of permanent duty station when the units are within the same metropolitan area; and

(4) making recommendations with respect to the matters described in paragraphs (1), (2), and (3).

______

SA 5643. Mr. WARNOCK 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 XXVIII, add the following:

SEC. 2868. CONSIDERATION OF PUBLIC EDUCATION WHEN MAKING

BASING DECISIONS.

(a) In General.--Section 2883 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1781b) is amended--

(1) by redesignating subsections (e) through (j) as subsections (f) through (k), respectively; and

(2) by inserting after subsection (d) the following new subsection (e):

``(e) Education.--

``(1) In general.--With regard to a military housing area in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which high-quality public education is available and accessible to dependents of members of the Armed Forces in the military housing area by comparing progress of students served by relevant local educational agencies described in paragraph (4) under the statewide accountability system described in section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) as compared to the progress of all students in such State under such system.''.

``(2) Transparency.--The Secretary of the military department concerned shall ensure transparency in the factors used to make basing decisions under this section, including, as appropriate, by coordinating with the relevant local educational agencies to ensure that data used in carrying out paragraph (1) is publicly available and accessible to impacted communities.

``(3) Consultation.--In carrying out paragraph (1) with respect to an installation subject to a basing decision covered by subsection (a), the Secretary of the military department concerned shall consult with and seek input from leadership and education liaisons for the installation and State, local, and Tribal education agencies.

``(4) Relevant local educational agencies described.-- Relevant local educational agencies described in this paragraph include--

``(A) local educational agencies that serve dependents of members of the Armed Forces in the State in which the military housing area described in paragraph (1) is located; and

``(B) local educational agencies in such State that serve or would be likely to serve a significant number or percentage of dependents of members of the Armed Forces in the military housing area described in paragraph (1) as determined by the Secretary of the military department concerned, in consultation with the education liaisons for the installation described in such paragraph.''.

(b) Conforming Amendment.--Subsection (a) of such section is amended by striking ``subsection (e)'' and inserting

``subsection (f)''.

______

SA 5644. Mr. WARNOCK (for himself, Mr. Boozman, Mr. Ossoff, Mr. Blumenthal, and Mr. Merkley) 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. INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE THE

UNITED STATES FOR MEMBERS OF THE UNIFORMED

SERVICES.

Paragraph (3) of section 403(b) of title 37, United States Code, is amended to read as follows:

``(3) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member.''.

______

SA 5645. Mr. CRUZ 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. AUTHORIZATION OF AMOUNTS TO THE DEPARTMENT OF

DEFENSE TO BE USED TO CONDUCT ANNUAL AND

PERIODIC INTELLIGENCE, SURVEILLANCE, AND

RECONNAISSANCE TRAINING ALONG THE LAND AND

WATER BORDERS OF THE UNITED STATES.

(a) Authorization of Amounts.--

(1) Joint task force north.--The amount authorized to be appropriated to the Department of Defense for fiscal year 2023 for operation and maintenance for the Joint Task Force North is hereby increased by $25,000,000.

(2) Joint interagency task force south.--The amount authorized to be appropriated to the Department of Defense for fiscal year 2023 for operation and maintenance for the Joint Interagency Task Force South is hereby increased by

$25,000,000.

(b) Use of Amounts.--

(1) In general.--The amounts of the increases under paragraphs (1) and (2) of subsection (a) shall be used by aviation units from the Army, Navy, and Air Force to conduct annual and periodic intelligence, surveillance, and reconnaissance training along the land and water borders of the United States.

(2) Use of camera feeds.--In conducting training under paragraph (1), aviation units described in such paragraph shall provide the live feed from any cameras or sensors used on the aircraft during the training to the Commissioner of U.S. Customs and Border Protection.

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SA 5646. Mr. CRUZ 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 CERTAIN REDUCTIONS TO B-BOMBER

AIRCRAFT SQUADRONS.

(a) Prohibition.--During the covered period, the Secretary of the Air Force may not--

(1) modify the designed operational capability statement for any B-1 bomber aircraft squadron, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or

(2) reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of B-1 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (1).

(b) Exception.--The prohibition under subsection (a) shall not apply to a bomb wing for which the Secretary of the Air Force has commenced the process of replacing B-1 bomber aircraft with B-21 bomber aircraft.

(1) The term ``covered period'' means the period beginning on the date of the enactment of this Act and ending on September 30, 2026.

(2) The term ``designed operational capability statement'' has the meaning given that term in Air Force Instruction 10- 201.

(d) Conforming Repeal.--Section 133 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1574) is repealed.

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SOURCE: Congressional Record Vol. 168, No. 153

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ORGANIZATIONS IN THIS STORY

State of Oklahoma