An amendment comprised of the following amendments printed in Part C of House Report 117-125 as en bloc No. 1: 2, 3, 4, 7, 8, 12, 13, 14, 19, 21, 22, 27, 29, 31, 32, 33, 37, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, and 141.

Inserted: (3) The term "marginalized community" means a community of individuals that is, or historically was, under-represented in the industry of film, television, or publishing, including--

Inserted: (A) women;

Inserted: (B) racial and ethnic minorities;

Inserted: (C) individuals with disabilities; and

Inserted: (D) members of the LGBTQ communities.

Inserted: (4) The term "military department" has the meaning given such term in section 101 of title 10, United States Code.

Inserted: amendment no. 12 offered by mr. higgins of new york

Inserted: (a) In General.--The Marine Mammal Protection Act of 1974 (16 U.S.C. 1361 et seq.) is amended by inserting after section 120 the following:

Inserted: "SEC. 121. VESSEL RESTRICTIONS IN MARINE MAMMAL HABITAT.

Inserted: "(a) In General.--The Secretary shall, in coordination with the Marine Mammal Commission and the Commandant of the Coast Guard and applying the best available scientific information--

Inserted: "(1) designate areas of importance for marine mammals known to experience vessel strikes and establish for each such area seasonal or year-round mandatory vessel speed restrictions to reduce vessel strikes or other vessel-related impacts, as necessary, for vessels operating in such areas; and

Inserted: "(2) implement for such species, as appropriate, dynamic management area programs incorporating mandatory vessel restrictions to protect marine mammals from vessel strikes or other vessel-related impacts occurring outside designated areas of importance.

Inserted: "(b) Areas of Importance.--In designating areas under subsection (a), the Secretary--

Inserted: "(1) shall consider including--

Inserted: "(A) the important feeding, breeding, calving, rearing, or migratory habitat for priority species of marine mammals, including all areas designated as critical habitat for such species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) except any area the Secretary determines does not intersect with areas of vessel traffic such that an elevated risk of mortality or injury caused by vessel strikes exists; and

Inserted: "(B) areas of high marine mammal mortality, injury, or harassment caused by vessel strikes; and

Inserted: "(2) may consider including--

Inserted: "(A) any area designated as a National Marine Sanctuary, Marine National Monument, National Park, or National Wildlife Refuge; and

Inserted: "(B) areas of high marine mammal primary productivity with year-round or seasonal aggregations of marine mammals to which this section applies.

Inserted: "(c) Deadline for Regulations.--Not later than two years after the date of the enactment of this section, the Secretary shall designate areas and vessel restrictions under subsection (a) and issue such regulations as are necessary to carry out this section, consistent with notice and comment requirements under chapter 5 of title 5, United States Code.

Inserted: "(d) Modifying or Designating New Areas of Importance.--

Inserted: "(1) In general.--The Secretary shall issue regulations to modify or designate the areas of importance and vessel restrictions under this section within 180 days after the issuance of regulations to establish or to modify critical habitat for marine mammals pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

Inserted: "(2) Reexamination.--The Secretary shall--

Inserted: "(A) reexamine the areas of importance designated and vessel restrictions under this section every 5 years following the initial issuance of the regulations to determine if the best available scientific information warrants modification or designation of areas of importance for vessel restrictions; and

Inserted: "(B) publish any revisions under subparagraph (A) in the Federal Register after notice and opportunity for public comment within 24 months.

Inserted: "(3) Finding.--Not later than 90 days after receiving the petition of an interested person under section 553(e) of title 5, United States Code, to designate, modify, or add an area of importance or vessel restriction under this section, the Secretary shall make a finding as to whether the petition presents substantial scientific information indicating that the petitioned action may be warranted. The Secretary shall promptly publish such finding in the Federal Register for comment. Not later than one year after the close of comments, the Secretary shall publish in the Federal Register a finding of whether the petitioned action is warranted and, if the Secretary determines that the petitioned action is warranted, shall publish draft regulations designating or modifying and vessel restrictions the area of importance. Not later than 12 months after publication of the draft regulations, the Secretary shall issue final regulations designating or modifying the area of importance and vessel restrictions.

Inserted: "(e) Exceptions for Safe Maneuvering and Using Authorized Technology.--

Inserted: "(1) In general.--The restriction established under subsection (a) shall not apply to a vessel operating at a speed necessary to maintain safe maneuvering speed if such speed is justified because the vessel is in an area where oceanographic, hydrographic, or meteorological conditions severely restrict the maneuverability of the vessel and the need to operate at such speed is confirmed by the pilot on board or, when a vessel is not carrying a pilot, the master of the vessel. If a deviation from the applicable speed limit is necessary pursuant to this subsection, the reasons for the deviation, the speed at which the vessel is operated, the latitude and longitude of the area, and the time and duration of such deviation shall be entered into the logbook of the vessel. The master of the vessel shall attest to the accuracy of the logbook entry by signing and dating the entry.

Inserted: "(2) Authorized technology.--

Inserted: "(A) In general.--The vessel restrictions established under subsection (a) shall not apply to a vessel operating using technology authorized by regulations issued by the Secretary under subparagraph (B).

Inserted: "(B) Regulations.--The Secretary may issue regulations authorizing a vessel to operate using technology specified by the Secretary under this subparagraph if the Secretary determines that such operation is at least as effective as the vessel restrictions authorized by regulations under subsection (a) in reducing mortality and injury to marine mammals.

Inserted: "(f) Applicability.--Any speed restriction established under subsection (a)--

Inserted: "(1) shall apply to all vessels subject to the jurisdiction of the United States, all other vessels entering or departing a port or place subject to the jurisdiction of the United States, and all other vessels within the Exclusive Economic Zone of the United States, regardless of flag; and

Inserted: "(2) shall not apply to--

Inserted: "(A) vessels owned, operated, or under contract by the Department of Defense or the Department of Homeland Security, or engaged with such vessels;

Inserted: "(B) law enforcement vessels of the Federal Government or of a State or political subdivision thereof, when such vessels are engaged in law enforcement or search and rescue duties; or

Inserted: "(C) vessels with foreign sovereign immunity, as reflected under international law.

Inserted: "(g) Statutory Construction.--

Inserted: "(1) In general.--Nothing in this section shall be interpreted or implemented in a manner that--

Inserted: "(A) subject to paragraph (2), preempts or modifies any obligation of any person subject to the provisions of this title to act in accordance with applicable State laws, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency;

Inserted: "(B) affects or modifies any obligation under Federal law; or

Inserted: "(C) preempts or supersedes the final rule titled 'To Implement Speed Restrictions to Reduce the Threat of Ship Collisions With North Atlantic Right Whales', codified at section 224.105 of title 50, Code of Federal Regulations, except for actions that are more protective than the Final Rule and further reduce the risk of take to North Atlantic right whales.

Inserted: "(2) Inconsistencies.--The Secretary may determine whether inconsistencies referred to in paragraph (1)(A) exist, but may not determine that any State law is inconsistent with any provision of this title if the Secretary determines that such law gives greater protection to covered marine species and their habitat.

Inserted: "(h) Priority Species.--For the purposes of this section, the term 'priority species' means, at a minimum, all Mysticeti species and species within the genera Physeter and Trichechus.

Inserted: "(i) Authorization of Appropriations.--There is authorized to be appropriated--

Inserted: "(1) to the Secretary to carry out this section, $3,000,000 for each of fiscal years 2022 through 2026; and

Inserted: "(2) to the Commandant of the Coast Guard to carry out this section, $3,000,000 for each of fiscal years 2024 through 2026.".

Inserted: (b) Clerical Amendment.--The table of contents in the first section of such Act is further amended by inserting after the item relating to section 120 the following:

Inserted: "Sec. 121. Vessel speed restrictions in marine mammal habitat.".

Inserted: SEC. 5403. MONITORING OCEAN SOUNDSCAPES.

Inserted: (a) In General.--The Administrator, and the Director of the Fish and Wildlife Service shall maintain and expand an Ocean Noise Reference Station Network, utilizing and coordinating with the Integrated Ocean Observing System, the Office of National Marine Sanctuaries, and the Department of Defense, to--

Inserted: (1) provide grants to expand the deployment of Federal and non-Federal observing and data management systems capable of collecting measurements of underwater sound in high-priority ocean and coastal locations for purposes of monitoring and analyzing baselines and trends in the underwater soundscape to protect and manage marine life;

Inserted: (2) continue to develop and apply standardized forms of measurements to assess sounds produced by marine animals, physical processes, and anthropogenic activities; and

Inserted: (3) after coordinating with the Department of Defense, coordinate and make accessible to the public the datasets, modeling and analysis, and user-driven products and tools, resulting from observations of underwater sound funded through grants authorized by this section.

Inserted: (b) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator, to support integrated ocean observations activities carried out under this section, $1,500,000 for each of fiscal years 2022 through 2026.

Inserted: SEC. 5404. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS TO REDUCE THE IMPACTS OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE MAMMALS.

Inserted: (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator and the Director of the Fish and Wildlife Service, in coordination with the Secretary of Defense, shall establish a grant program to provide assistance to up to ten seaports to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from shipping activities and port operations.

Inserted: (b) Eligible Uses.--A grant under this section may be used to develop, assess, and carry out activities that quantifiably reduce threats and enhance the habitats of marine mammals by--

Inserted: (1) reducing underwater stressors related to marine traffic;

Inserted: (2) reducing vessel strike mortality and other physical disturbances;

Inserted: (3) enhancing marine mammal habitat, including the habitat for prey of marine mammals; or

Inserted: (4) monitoring sound, vessel interactions with marine mammals, or other types of monitoring that are consistent with reducing the threats to and enhancing the habitats of marine mammals.

Inserted: (c) Priority.--The Administrator and the Director of the Fish and Wildlife Service shall prioritize assistance under this section for projects that--

Inserted: (1) assist ports with higher relative threat levels to vulnerable marine mammals from vessel traffic;

Inserted: (2) reduce disturbance from vessel presence or mortality risk from vessel strikes, and are in close proximity to National Marine Sanctuaries, Marine National Monuments, National Parks, National Wildlife Refuges, and other federal, state, and local marine protected areas; and

Inserted: (3) allow eligible entities to conduct risk assessments, and track progress toward threat reduction and habitat enhancement; including protecting coral reefs from encroachment by commerce and shipping lanes.

Inserted: (d) Outreach.--The Administrator and the Director of the Fish and Wildlife Service shall conduct outreach to seaports to provide information on how to apply for assistance under this section, the benefits of the program under this section, and facilitation of best practices and lessons learned.

Inserted: (e) Eligible Entities.--A person shall be eligible for assistance under this section if the person--

Inserted: (1) is--

Inserted: (A) a port authority for a seaport;

Inserted: (B) a State, regional, local, or Tribal agency that has jurisdiction over a maritime port authority or a seaport; or

Inserted: (C) a private entity or government entity, applying for a grant awarded under this section in collaboration with another entity described in subparagraph (A) or (B), that owns or operates a maritime terminal; and

Inserted: (2) is cleared by the Department of Defense.

Inserted: (f) Report.--The Administrator and the Director of the Fish and Wildlife Service shall submit annually to the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report that includes the following:

Inserted: (1) The name and location of each entity receiving a grant.

Inserted: (2) Amount of each grant.

Inserted: (3) The name and location of the seaport in which the activities took place.

Inserted: (4) A description of the activities carried out with the grant funds.

Inserted: (5) An estimate of the impact of the project to reduce threats or enhance habitat of marine mammals.

Inserted: (g) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator, for carrying out this section, $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.

Inserted: SEC. 5405. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE WHALES.

Inserted: (a) Establishment of the Program.--The Administrator, in coordination with the Secretary of Defense and the heads of other relevant Federal departments and agencies, shall design and deploy a Near Real-Time Large Whale Monitoring and Mitigation Program in order to curtail the risk to large whales of vessel collisions, entanglement in commercial fishing gear, and to minimize other impacts, including but not limited to underwater noise from development activities. Such program shall be capable of detecting and alerting ocean users and enforcement agencies of the location of large whales on a near real-time basis, informing sector-specific mitigation protocols that can effectively reduce take of large whales, and continually integrating improved technology. The program shall be informed by the technologies, monitoring methods, and mitigation protocols developed pursuant to the pilot program required in subsection (b).

Inserted: (b) Pilot Project.--In carrying out subsection (a), the Administrator shall first establish a pilot monitoring and mitigation project for North Atlantic right whales for the purposes of informing a cost-effective, efficient and results-oriented near real-time monitoring and mitigation program for large whales.

Inserted: (1) Pilot project requirements.--In designing and deploying the monitoring system, the Administrator, in coordination with the heads of other relevant Federal departments and agencies, shall, using best available scientific information, identify and ensure coverage of--

Inserted: (A) core foraging habitats of North Atlantic right whales, including but not limited to--

Inserted: (i) the "South of the Islands" core foraging habitat;

Inserted: (ii) the "Cape Cod Bay Area" core foraging habitat;

Inserted: (iii) the "Great South Channel" core foraging habitat; and

Inserted: (iv) the Gulf of Maine; and

Inserted: (B) important feeding, breeding, calving, rearing, or migratory habitats of North Atlantic right whales that co-occur with areas of high risk of mortality, injury, or harassment of such whales from vessel strikes, disturbance from development activities, and entanglement in commercial fishing gear.

Inserted: (2) Pilot project monitoring components.--

Inserted: (A) In general.--Within 3 years after the date of the enactment of this Act, the Administrator, in consultation with relevant Federal agencies, Tribal governments, and with input from affected stakeholders, shall design and deploy a real-time monitoring system for North Atlantic right whales that includes near real-time monitoring methods, technologies, and protocols that--

Inserted: (i) comprise sufficient detection power, spatial coverage and survey effort to detect and localize North Atlantic right whales within core foraging habitats;

Inserted: (ii) are capable of detecting North Atlantic right whales visually, including during periods of poor visibility and darkness, and acoustically;

Inserted: (iii) take advantage of dynamic habitat suitability models that help to discern the likelihood of North Atlantic right whale occurrence in core foraging habitat at any given time;

Inserted: (iv) coordinate with the Integrated Ocean Observing System to leverage monitoring assets;

Inserted: (v) integrate new near real-time monitoring methods and technologies as they become available;

Inserted: (vi) accurately verify and rapidly communicate detection data; and

Inserted: (vii) allow for ocean users to contribute data that is verified to be collected using comparable near real-time monitoring methods and technologies.

Inserted: (B) National security considerations.--All monitoring methods, technologies, and protocols under subparagraph (A) shall be consistent with national security considerations and interests.

Inserted: (3) Pilot program mitigation protocols.--The Secretary shall, in consultation with the Secretary of Homeland Security, Secretary of Defense, Secretary of Transportation, and Secretary of the Interior, and with input from affected stakeholders, develop and deploy mitigation protocols that make use of the near real-time monitoring system to direct sector-specific mitigation measures that avoid and significantly reduce risk of injury and mortality to North Atlantic right whales.

Inserted: (4) Pilot program access to data.--The Administrator shall provide access to data generated by the monitoring system for purposes of scientific research and evaluation, and public awareness and education, through the NOAA Right Whale Sighting Advisory System and WhaleMap or other successive public web portals, subject to review for national security considerations.

Inserted: (5) Pilot program reporting.--

Inserted: (A) Interim report.--Not later than two years after the date of the enactment of this Act, the Administrator shall submit to the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate, and make available to the public, an interim report that assesses the benefits and efficacy of the North Atlantic right whale near real-time monitoring and mitigation pilot program. The report shall include--

Inserted: (i) a description of the monitoring methods and technology in use or planned for deployment;

Inserted: (ii) analyses of the efficacy of the methods and technology in use or planned for deployment in detecting North Atlantic right whales both individually and in combination;

Inserted: (iii) how the monitoring system is directly informing and improving species management and mitigation in near real-time across ocean sectors whose activities pose a risk to North Atlantic right whales;

Inserted: (iv) a prioritized identification of gaps in technology or methods requiring future research and development.

Inserted: (B) Final report.--Not later than three years after the date of the enactment of this Act, the Administrator, in coordination with the Secretary of Defense and the heads of other relevant Federal departments and agencies, shall submit to the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate, and make available to the public, a final report, addressing the components in subparagraph (A) for the subsequent one year following the publication of the interim report, and including the following--

Inserted: (i) a strategic plan to expand the pilot program to provide near real-time monitoring and mitigation measures to additional large whale species, including a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies, and the locations or species for which the plan would apply; and

Inserted: (ii) a budget and description of appropriations necessary to carry out the strategic plan pursuant to the requirements of clause (i).

Inserted: (c) Additional Authority.--In carrying out this section, including, the Administrator may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Administrator considers appropriate, consistent with Federal acquisition regulations.

Inserted: (d) Reporting.--Not later than one year after the deployment of the program described in subsection (b) (and after completion of the reporting requirements pursuant to paragraph (5) of such subsection), and annually thereafter through 2029, the Administrator shall submit to the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate, and make available to the public, a report that assess the benefits and efficacy of the near real-time monitoring and mitigation program.

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

Inserted: (1) The term "core foraging habitats" means areas with biological and physical oceanographic features that aggregate Calanus finmarchicus and where North Atlantic right whales foraging aggregations have been well documented.

Inserted: (2) The term "near real-time" means that visual, acoustic, or other detections of North Atlantic right whales are transmitted and reported as soon as technically feasible, and no longer than 24 hours, after they have occurred.

Inserted: (3) The term "large whale" means all Mysticeti species and species within the genera Physeter and Orcinus.

Inserted: (f) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator, to support development, deployment, application and ongoing maintenance of the monitoring system as required by this section, $5,000,000 for each of fiscal years 2022 through 2026.

Inserted: SEC. 5406. GRANTS TO SUPPORT TECHNOLOGY THAT REDUCES UNDERWATER NOISE FROM VESSELS.

Inserted: (a) In General.--Not later than six months after the date of the enactment of this Act, the Administrator of the Maritime Administration shall establish a grant program, to be administered in consultation with the heads of other appropriate Federal departments and agencies, to provide assistance for the development and implementation of new or improved technologies that quantifiably reduce underwater noise from marine vessels.

Inserted: (b) Eligible Uses.--Grants provided under this section may be used to develop, assess and implement new or improved technologies that materially reduce underwater noise from marine vessels.

Inserted: (c) Outreach.--The Administrator of the Maritime Administration shall conduct outreach to eligible persons to provide information on how to apply for assistance under this section, the benefits of the program under this section, and facilitation of best practices and lessons learned.

Inserted: (d) Eligible Entities.--A person shall be eligible for assistance under this section if the person--

Inserted: (1) is--

Inserted: (A) a corporation established under the laws of the United States;

Inserted: (B) an individual, partnership, association, organization or any other combination of individuals, provided, however, that each such individual shall be a citizen of the United States or lawful permanent resident of the United States or a protected individual as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act (9 U.S.C. 1324b(a)(3)); or

Inserted: (C) an academic or research organization; and

Inserted: (2) is cleared through the Department of Defense.

Inserted: (e) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Maritime Administration for carrying out this section, $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.

Inserted: SEC. 5407. TECHNOLOGY ASSESSMENT FOR QUIETING UNITED STATES GOVERNMENT VESSELS.

Inserted: (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Administrator of the United States Maritime Administration, in consultation with the Commandant of the Coast Guard, the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the appropriate committees of Congress and publish, a report that includes--

Inserted: (1) an identification of existing unclassified technologies that reduce underwater noise; and

Inserted: (2) an evaluation of the effectiveness and feasibility of incorporating such technologies in the design, procurement, and construction of non-military vessels of the United States Government.

Inserted: (b) Appropriate Committees of Congress.--In this section, the term "appropriate committees of Congress" means--

Inserted: (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Homeland Security and Governmental Affairs of the Senate; and

Inserted: (2) the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Homeland Security, the Committee on Natural Resources; and the Committee on Transportation and Infrastructure of the House of Representatives.

Inserted: amendment no. 19 offered by mr. mccaul of texas

Inserted: (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.).

Inserted: (ii) Current visas revoked.--

Inserted: (I) In general.--The visa or other entry documentation of an alien described in paragraph (1)(A) shall be revoked, regardless of when such visa or other entry documentation is or was issued.

Inserted: (II) Immediate effect.--A revocation under subclause (I) shall--

Inserted: (aa) take effect immediately; and

Inserted: (bb) automatically cancel any other valid visa or entry documentation that is in the alien's possession.

Inserted: (3) Blocking of property of identified persons.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of an entity described in paragraph (1)(B) 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.

Inserted: (4) Implementation; penalties.--

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

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

Inserted: (5) Exceptions.--

Inserted: (A) Exception for intelligence, law enforcement, and national security activities.--Sanctions under this subsection shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.

Inserted: (B) Exception to comply with united nations headquarters agreement.--Sanctions under this subsection shall not apply with respect to the admission of an alien to the United States if the admission of the alien is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.

Inserted: (C) Exception relating to importation of goods.--

Inserted: (i) In general.--Notwithstanding any other provision of this subsection, the authorities and requirements to impose sanctions under this subsection shall not include the authority or a requirement to impose sanctions on the importation of goods.

Inserted: (ii) Good defined.--In this subparagraph, the term "good" means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

Inserted: (6) Sunset.--The authority to impose sanctions under this subsection shall terminate on the date that is 5 years after the date of the enactment of this Act.

Inserted: (7) Definitions.--In this subsection:

Inserted: (A) Admission; admitted; alien.--The terms "admission", "admitted", and "alien" have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

Inserted: (B) United states person.--The term "United States person" means--

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

Inserted: (ii) 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

Inserted: (iii) any person within the United States.

Inserted: (b) Repeal of National Interest Waiver Under Protecting Europe's Energy Security Act of 2019.--Section 7503 of the Protecting Europe's Energy Security Act of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 note) is amended--

Inserted: (1) in subsection (a)(1)(C), by striking "subsection (i)" and inserting "subsection (h)";

Inserted: (2) by striking subsection (f);

Inserted: (3) by redesignating subsections (g) through (k) as subsections (f) through (j), respectively; and

Inserted: (4) in subsection (i), as redesignated by paragraph (3), by striking "subsection (h)" and inserting "subsection (g)".

Inserted: amendment no. 21 offered by mr. cardenas of california

Inserted: (J) Armenia has fulfilled its obligations under the November 9 statement and international law by returning Azerbaijani prisoners of war.

Inserted: (K) The United States is a co-chair, along with France and Russia, of the Organization for Security and Co-operation in Europe Minsk Group, which was created to seek a durable and peaceful solution to the Nagorno-Karabakh conflict.

Inserted: (2) Sense of congress.--It is the sense of Congress that--

Inserted: (A) Azerbaijan must immediately and unconditionally return all Armenian prisoners of war and captured civilians; and

Inserted: (B) the Biden Administration should engage at all levels with Azerbaijani authorities, including through the Organization for Security and Co-operation in Europe Minsk Group process, to make clear the importance of adhering to their obligations, under the November 9 statement and international law, to immediately release all prisoners of war and captured civilians.

Inserted: (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the relevant congressional committees a report on the following:

Inserted: (1) United States-origin parts and technology discovered in Turkish Bayraktar unmanned aerial vehicles deployed by Azerbaijan against Nagorno Karabakh between September 27, 2020 and November 9, 2020, including an assessment of any potential violations of violations of the Arms Export Control Act or other applicable laws, sanctions policies, or other provisions of United States law related to the discovery of such parts and technology.

Inserted: (2) Azerbaijan's use of white phosphorous, cluster bombs, and prohibited munitions deployed by Azerbaijan against civilians and civilian infrastructure in Nagorno Karabakh between September 27, 2020, and November 9, 2020, including an assessment of any potential violations of United States or international law related to the use of such munitions.

Inserted: (3) Turkey's and Azerbaijan's recruitment of foreign terrorist fighters to participate in Azerbaijan's offensive military operations against Nagorno Karabakh between September 27, 2020, and November 9, 2020, including an assessment of any related potential violations of United States law, the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, or other international or multilateral treaties.

Inserted: (c) Relevant Congressional Committees.--In this section, the term "relevant congressional committees" means the Committee on Foreign Affairs and Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and Committee on Armed Services of the Senate.

Inserted: (1) Azerbaijan must immediately and unconditionally return all Armenian prisoners of war and captured civilians; and

Inserted: (2) the Biden Administration should engage at all levels with Azerbaijani authorities, including through the Organization for Security and Co-operation in Europe Minsk Group process, to make clear the importance of adhering to their obligations, under the November 9 statement and international law, to immediately release all prisoners of war and captured civilians.

Inserted: amendment no. 22 offered by mr. cleaver of missouri In division E, insert after title LIII the following:

Inserted: TITLE LIV--ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR INCLUSIVE TRANSATLANTIC ENGAGEMENT

Inserted: SEC. 5401. ESTABLISHMENT OF ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR INCLUSIVE TRANSATLANTIC ENGAGEMENT AS PILOT PROGRAM.

Inserted: (a) Establishment.--There is established as a pilot program in the Library of Congress the Alcee L. Hastings Leadership Institute for Inclusive Transatlantic Engagement.

Inserted: (b) Advisory Board.--The Institute shall be subject to the supervision and direction of an Advisory Board which shall be composed of seven members as follows:

Inserted: (1) Two members appointed by the Speaker of the House of Representatives from among the members of the House of Representatives, one of whom shall be designated by the majority leader of the House of Representatives and one of whom shall be designated by the minority leader of the House of Representatives.

Inserted: (2) Two members appointed by the President pro tempore of the Senate from among the members of the Senate, one of whom shall be designated by the majority leader of the Senate and one of whom shall be designated by the minority leader of the Senate.

Inserted: (3) Two members appointed by the President, one of whom shall be an officer or employee of the Department of State and one of whom shall be an officer or employee of the Department of the Treasury.

Inserted: (4) The Executive Director of the Institute, who shall serve as an ex officio member of the Board.

Inserted: (c) Term.--Each member of the Board appointed under this section shall serve for a term of three years. Any vacancy shall be filled in the same manner as the original appointment and the individual so appointed shall serve for the remainder of the term. A Member of Congress appointed to the Board may not consecutively serve as a member of the Board for more than a total of six years.

Inserted: (d) Chair and Vice-Chair.--At the first meeting and at its first regular meeting in each calendar year thereafter the Board shall elect a Chair and Vice-Chair from among the members of the Board. The Chair and Vice-Chair may not be members of the same political party.

Inserted: (e) Pay Not Authorized; Expenses.--Members of the Board (other than the Executive Director) shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.

Inserted: (f) Location of Institute.--The Institute shall be located in Washington, DC.

Inserted: SEC. 5402. PURPOSES AND AUTHORITY OF ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR INCLUSIVE TRANSATLANTIC ENGAGEMENT.

Inserted: (a) Purposes.--The purposes of the Institute shall be to develop a diverse community of transatlantic leaders, including emerging leaders, committed to democratic institutions, processes, and values by--

Inserted: (1) providing training and professional development opportunities for racially and ethnically diverse leaders on democratic governance and international affairs;

Inserted: (2) enabling international exchanges between leaders to increase understanding and knowledge of democratic models of governance; and

Inserted: (3) increasing awareness of the importance of international public service careers in racially and ethnically diverse communities.

Inserted: (b) Authority.--The Institute is authorized, consistent with this title, to develop such programs, activities, and services as it considers appropriate to carry out the purposes described in subsection (a).

Inserted: SEC. 5403. ADMINISTRATIVE PROVISIONS.

Inserted: (a) Executive Director.--The Board shall appoint an Executive Director who shall be the chief executive officer and principal executive of the Institute and who shall supervise the affairs of, assist the directions of, and carry out the functions of the Board to administer the Institute. The Executive Director of the Institute shall be compensated at an annual rate specified by the Board.

Inserted: (b) Other Duties.--The Executive Director, in consultation with the Board shall appoint and fix the compensation of such personnel as may be necessary to carry out this title.

Inserted: (c) Institute Personnel.--

Inserted: (1) Staff appointments.--All staff appointments shall be made 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.

Inserted: (2) Treatment as congressional employees.--For purposes of pay and other employment benefits, rights, and privileges and for all other purposes, any employee of the Institute shall be considered to be a Congressional employee under section 2107 of title 5, United States Code.

Inserted: (3) Coverage under congressional accountability act of 1995.--

Inserted: (A) Treatment of employees as covered employees.--Section 101(3) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(3)) is amended--

Inserted: (i) by striking "or" at the end of subparagraph (J);

Inserted: (ii) by striking the period at the end of subparagraph (K) and inserting "; or"; and

Inserted: (iii) by adding at the end the following new subparagraph:

Inserted: "(L) the Alcee L. Hastings Leadership Institute for Inclusive Transatlantic Engagement.".

Inserted: (B) Treatment of institute as employing office.--Section 101(9)(D) of such Act (2 U.S.C. 1301(9)(D)) is amended by striking "and the John C. Stennis Center" and inserting "the Alcee L. Hastings Leadership Institute for Inclusive Transatlantic Engagement, and the John C. Stennis Center".

Inserted: SEC. 5404. ADMINISTRATIVE PROVISIONS.

Inserted: In order to carry out this title, the Institute may carry out any of the following:

Inserted: (1) Prescribe such regulations as it considers necessary for governing the manner in which its functions shall be carried out.

Inserted: (2) Procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code.

Inserted: (3) Request and utilize the assignment of any Federal officer or employee from a department, agency, or Congressional office to the Institute, including on a rotating basis, by entering into an agreement for such assignment.

Inserted: (4) Enter into contracts, grants, or other arrangements, or modifications thereof, to carry out the provisions of this title, including with any office of the Federal government or of any State or any subdivision thereof.

Inserted: (5) Make expenditures for any expenses in connection with official training sessions or other authorized programs or activities of the Institute.

Inserted: (6) Apply for, receive, and use for the purposes of the Institute grants or other assistance from Federal sources.

Inserted: (7) Establish, receive, and use for the purposes of the Institute fees or other charges for goods or services provided in fulfilling the Institute's purposes.

Inserted: (8) Respond to the request of offices of Congress and other departments or agencies of the Federal government to examine, study, or report on any issue within the Institute's competence, including the use of classified materials if necessary.

Inserted: (9) Work with the appropriate security offices of the House of Representatives and Senate to obtain or retain need-based security clearances for Institute personnel.

Inserted: (10) Assign Institute personnel to temporary duty with offices of the Federal government, international organizations, agencies and other entities to fulfill this title.

Inserted: (11) Make other necessary expenditures.

Inserted: SEC. 5405. DEFINITIONS.

Inserted: In this title:

Inserted: (1) The term "Institute" means the "Alcee L. Hastings Leadership Institute for Inclusive Transatlantic Engagement" established as a pilot program under section 5401.

Inserted: (2) The term "Board" means the Advisory Board of the Institute.

Inserted: SEC. 5406. AUTHORIZATION OF APPROPRIATIONS; DISBURSEMENTS.

Inserted: (a) Authorization of Appropriations.--

Inserted: (1) In general.--There are authorized to be appropriated for fiscal year 2022 and each of the 4 succeeding fiscal years such sums as may be necessary to carry out this title.

Inserted: (2) Availability.--Amounts authorized to be appropriated under paragraph (1) are authorized to remain available until expended.

Inserted: (b) Disbursements.--Amounts made available to the Institute shall be disbursed on vouchers approved by the Chair and Vice-Chair of the Board or by a majority vote of the Board.

Inserted: (c) Use of Foreign Currencies.--For purposes of section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)), the Institute shall be deemed to be a standing committee of the Congress and shall be entitled to use funds in accordance with such section.

Inserted: (d) Foreign Travel.--Foreign travel for official purposes by Members of the Institute who are Members of Congress and Institute staff may be authorized by the Chair, Vice-Chair, or Executive Director of the Institute.

Inserted: (e) Effective Date.--This section shall take effect on the date of enactment of this Act.

Inserted: amendment no. 27 offered by ms. omar of minnesota

Inserted: (B) describes the vetting process used; and

Inserted: (C) describes how such assistance is impacting United States policy and how the relevant country is taking effective steps to prevent any misuse of such assistance.

Inserted: (3) Transfer authority.--The Secretary of Defense and the Secretary of State, respectively, may make available amounts withheld from obligation or expenditure pursuant to the limitation under paragraph (1) for programs in El Salvador, Honduras, or Guatemala that do not support the central governments of such countries.

Inserted: (4) Report on northern triangle countries.--

Inserted: (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, and shall submit to the appropriate congressional committees a report that includes the following:

Inserted: (i) A description of any ongoing or planned activities in cooperation with the security forces of the Northern Triangle countries.

Inserted: (ii) An assessment of the adherence of the security forces of the Northern Triangle countries to human rights norms and the rule of law, and a description of any ongoing or planned activities between the United States and the Northern Triangle countries focused on protection of human rights and adherence to the rule of law, as well as the response by the Department to any serious violations of human rights or anti-democratic actions by the security forces of such countries.

Inserted: (iii) A list of all United States training and equipment provided to the security forces of the Northern Triangle countries within the 2 years prior to the date of the enactment of this Act, the number of inspections of the use of such equipment that have occurred during that period, and the nature of those inspections.

Inserted: (iv) An evaluation of the current vetting process used to ensure that any such equipment is not provided to a unit or individual that is ineligible to receive such equipment under paragraph (1).

Inserted: (v) A list of any such units or individuals that are credibly alleged to have engaged in serious violations of human rights, significant corruption, or anti-democratic activities that have received United States assistance within the two years prior to the date of the enactment of this Act.

Inserted: (vi) A list of any such units that are known to the Secretary to have used United States equipment for any purpose other than the purpose for which the equipment was provided by the United States.

Inserted: (B) Form.--The report required by subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.

Inserted: (C) Definitions.--In this paragraph--

Inserted: (i) the term "Northern Triangle countries" means El Salvador, Honduras, and Guatemala; and

Inserted: (ii) the term "appropriate congressional committees" means the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate.

Inserted: (c) State Department Fellowships for Rule of Law Activities in Central America.--

Inserted: (1) Establishment.--There is established in the Department of State a fellowship program, to be known as the "Central American Network for Democracy", to support a regional corps of civil society, activists, lawyers (including members of the judiciary and prosecutors' offices), journalists, and investigators to leverage lessons learned in order to contribute to regional democracy and rule of law activities in Central America, including electoral and transition support, institutional reform, anti-corruption investigations, and local engagement.

Inserted: (2) Regional and international support.--The Secretary of State shall take such steps as may be necessary to obtain support for such fellowships from international foundations, regional and United States governmental and nongovernmental organizations, and regional and United States universities.

Inserted: (3) Focus; safety.--Activities carried out under the fellowship--

Inserted: (A) should focus on coordination and consultation with key bodies to continue their democracy efforts, including the Department of Justice, Department of Treasury, Department of State, the United States Agency for International Development, the Organization of American States, the Inter-American Court for Human Rights, and the United Nations; and

Inserted: (B) may include strengthened protection for the physical safety of individuals who must leave their home country to participate in the program, including assistance for temporary relocation, English language learning, and mental health support.

Inserted: (d) Reports and Briefing Required.--

Inserted: (1) Annual progress report.--

Inserted: (A) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report entitled "Rule of Law and Democratic Stability in Central America," that includes--

Inserted: (i) a description of the efforts of the Department of State, working with the United States Agency for International Development, to address whole-of-government approaches to counter democratic deficiencies or backsliding, endemic corruption, efforts to weaken the rule of law, and attacks against independent media and civil society organizations that threaten political instability and prevent equitable development opportunities in the preceding year; and

Inserted: (ii) a description of all economic sanctions, visa restrictions, or other measures taken by the United States to achieve the goals described in paragraph (1), and the impact of such actions.

Inserted: (B) Form; publication.--

Inserted: (i) Form.--The report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex.

Inserted: (ii) Publication.--The unclassified portion of each report required by subparagraph (A) shall be made publicly available by the committee or committees of Congress receiving such report.

Inserted: (2) Inclusion of corruption concerns in other reporting.--The Secretary of State shall include consideration of measures against corruption in the context of all required reporting with respect to human rights, including in the annual Country Reports on Human Rights Practices submitted pursuant to section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n).

Inserted: (3) International financial institution funding assessment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a review of all United States funding made available to international financial institutions in the previous fiscal year that includes a determination whether any such funding has been provided to any individual or any institution led by an individual credibly alleged to have engaged in acts of corruption or the obstruction of democratic processes or institutions. Such review shall also include a description of the actions taken in the instance that funds are misused, abused, or assessed to be misused, abused, or otherwise used for corrupt or undemocratic actions, and how the public procurement process played a role in the matter.

Inserted: (4) Central america intelligence assessment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Director of National Intelligence and the heads of other applicable Federal departments and agencies shall conduct and submit to Congress an intelligence assessment examining improper influence or interference by persons comprising corrupt power structures and illicit networks, such as organized crime, over the security sector, judicial sector, legislative bodies, and public finance and procurement processes in Central American countries, in order to prioritize investigations of individuals who play a significant role in enabling high level corruption and obstruction of democratic processes, including--

Inserted: (A) current or former officials of the security sector or the justice sector, including officials of any sector or ministry involved in the selection of prosecutors or other judicial officers, who have willfully cooperated or colluded with such corrupt structures or illicit networks;

Inserted: (B) private citizens, entities, and nongovernmental organizations involved in--

Inserted: (i) the bribery of or threats against, personnel of the justice sector, journalists, or activists; or

Inserted: (ii) the misuse of disciplinary proceedings and formal and informal sanctions with respect to the justice sector with the intention of harassing, punishing, or otherwise interfering with the legitimate exercise of a judge's professional activities

Inserted: (C) any other persons directly involved in, financing, or otherwise supporting, the activities described in subparagraph (A) or (B).

Inserted: (5) Quarterly briefings.--

Inserted: (A) In general.--The Secretary of State shall provide quarterly briefings, including in classified form as appropriate, to the appropriate congressional committees to discuss the strategy of the Department to leverage all United States tools, including non-public and public visa restrictions or revocations, economic sanctions, asset forfeitures, or criminal charges, to sanction the foreign persons described in subparagraph (B), any actions taken in the preceding quarter against corrupt and undemocratic foreign persons, and the outcome of such actions to date. Such briefings shall also include a discussion of actions proposed to be taken in the forthcoming quarter with respect to such persons.

Inserted: (B) Targeted foreign nationals.--The foreign persons described in this subparagraph are the following:

Inserted: (i) Foreign persons identified in the intelligence assessment required by paragraph (4), including persons providing material support for acts of significant corruption such as influence peddling, illicit enrichment, abuse of power, or acts that serve to protect and maintain impunity.

Inserted: (ii) Foreign persons engaging in a pattern or practice of threatening justice sector personnel, witnesses, victims or their representatives in an official proceeding, including through direct communications, public defamation campaigns, or the intentional misuse of legal process to harass such persons with the purpose or effect of intimidating and obstructing the judicial process, except that speech, including through social media, that would be protected in the United States under the First Amendment to the United States Constitution may not be construed to constitute such a pattern or practice.

Inserted: (iii) Foreign persons providing a thing of value in exchange for an official act, including--

Inserted: (I) providing campaign funds for the purpose of securing lax enforcement of the law or access to public resources; or

Inserted: (II) supporting appointment to an official post in exchange for favorable treatment.

Inserted: (iv) Foreign persons obstructing justice in human rights or corruption investigations or prosecutions, including by filing legal claims for an improper purpose such as to harass, delay or increase the cost of litigation.

Inserted: (v) Foreign persons repressing free speech, assembly, or organization.

Inserted: (vi) Foreign persons threatening or committing violence or intimidation against investigators, activists, journalists, or human rights defenders.

Inserted: (vii) Foreign persons committing actions or policies that undermine democratic processes or institutions.

Inserted: (viii) Foreign persons attempting to manipulate elections or suppress votes, including through the misuse of administrative resources, corrupt interference in the regulation or administration of elections, intimidation at the polls, or the intentional publication of false information pertaining to elections, candidates, or parties.

Inserted: (ix) Foreign persons interfering in any election for public office in Central America or in the United States, including official candidate selection processes or campaign finance.

Inserted: (x) Foreign officials or groups providing financial support or indirect support to any other person engaged in one or more of the activities described in this paragraph.

Inserted: (e) Authorization of Appropriations to Support Rule of Law and Anti-corruption Activities.--There is authorized to be appropriated $10,000,000 for the Secretary of State and the Administrator of the United States Agency for International Development to strengthen the rule of law, combat corruption, consolidate democratic governance, and protect and defend human rights, including for activities carried out with respect to Central American countries.

Inserted: Amendment No. 32 Offered by Mr. Langevin of Rhode Island

Inserted: (4) in May 2021, the Department of Homeland Security announced that the Department was initiating a 60 day sprint to hire 200 cybersecurity personnel across the Department, with 100 of those hires for the Cybersecurity and Infrastructure Security Agency, to address a cybersecurity workforce shortage; and

Inserted: (5) the Federal Government needs to--

Inserted: (A) expand the cybersecurity workforce pipeline of the Federal Government to sustainably close a Federal cybersecurity workforce shortage; and

Inserted: (B) work cooperatively with the private sector and State and local government authorities to expand opportunities for new cybersecurity professionals.

Inserted: SEC. 5402. CYBERSECURITY AND INFRASTRUCTURE SECURITY APPRENTICESHIP PROGRAM.

Inserted: Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following:

Inserted: "SEC. 2202A. APPRENTICESHIP PROGRAM.

Inserted: "(a) Definitions.--In this section:

Inserted: "(1) Area career and technical education school.--The term 'area career and technical education school' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

Inserted: "(2) Community college.--The term 'community college' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree, including--

Inserted: "(A) a 2-year Tribal College or and University, as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and

Inserted: "(B) a public 2-year State institution of higher education.

Inserted: "(3) Cybersecurity work roles.--The term 'cybersecurity work roles' means the work roles outlined in the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework (NIST Special Publication 800-181), or any successor framework.

Inserted: "(4) Education and training provider.--The term 'education and training provider' means--

Inserted: "(A) an area career and technical education school;

Inserted: "(B) an early college high school;

Inserted: "(C) an educational service agency;

Inserted: "(D) a high school;

Inserted: "(E) a local educational agency or State educational agency;

Inserted: "(F) a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution;

Inserted: "(G) a postsecondary educational institution;

Inserted: "(H) a minority-serving institution;

Inserted: "(I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.);

Inserted: "(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741);

Inserted: "(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency;

Inserted: "(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or

Inserted: "(M) a consortium of entities described in any of subparagraphs (A) through (L).

Inserted: "(5) Eligible entity.--

Inserted: "(A) In general.--The term 'eligible entity' means--

Inserted: "(i) a program sponsor;

Inserted: "(ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency;

Inserted: "(iii) an education and training provider;

Inserted: "(iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency;

Inserted: "(v) an Indian Tribe or Tribal organization;

Inserted: "(vi) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system;

Inserted: "(vii) a Governor of a State;

Inserted: "(viii) a labor organization or joint labor-management organization; or

Inserted: "(ix) a qualified intermediary.

Inserted: "(B) Sponsor requirement.--Not fewer than 1 entity described in subparagraph (A) shall be the sponsor of a program under the national apprenticeship system.

Inserted: "(6) Institution of higher education.--The term 'institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

Inserted: "(7) Local educational agency; secondary school.--The terms 'local educational agency' and 'secondary school' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Inserted: "(8) Local workforce development board.--The term 'local workforce development board' has the meaning given the term 'local board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

Inserted: "(9) Nonprofit organization.--The term 'nonprofit organization' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.

Inserted: "(10) Provider of adult education.--The term 'provider of adult education' has the meaning given the term 'eligible provider' in section 203 of the Adult Education and Family Literacy Act (29 U.S.C. 3272).

Inserted: "(11) Related instruction.--The term 'related instruction' means an organized and systematic form of instruction designed to provide an individual in an apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program.

Inserted: "(12) Sponsor.--The term 'sponsor' means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved.

Inserted: "(13) State apprenticeship agency.--The term 'State apprenticeship agency' has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any corresponding similar regulation or ruling.

Inserted: "(14) State workforce development board.--The term 'State workforce development board' has the meaning given the term 'State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

Inserted: "(15) WIOA terms.--The terms 'career planning', 'community-based organization', 'economic development agency', 'industry or sector partnership', 'on-the-job training', 'recognized postsecondary credential', and 'workplace learning advisor' have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

Inserted: "(16) Qualified intermediary.--

Inserted: "(A) In general.--The term 'qualified intermediary' means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by--

Inserted: "(i) connecting employers to programs under the national apprenticeship system;

Inserted: "(ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction;

Inserted: "(iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act;

Inserted: "(iv) providing professional development activities such as training to mentors;

Inserted: "(v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment;

Inserted: "(vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising;

Inserted: "(vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or

Inserted: "(viii) serving as a program sponsor.

Inserted: "(B) Partnerships.--The term 'partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including--

Inserted: "(i) industry or sector partnerships;

Inserted: "(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or

Inserted: "(iii) partnerships among 1 or more of the entities described in clauses (i) and (ii).

Inserted: "(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c).

Inserted: "(c) Apprenticeship Programs Described.--An apprenticeship program described in this subsection is an apprenticeship program that--

Inserted: "(1) leads directly to employment in--

Inserted: "(A) a cybersecurity work role with the Agency; or

Inserted: "(B) a position with a company or other entity provided that the position is--

Inserted: "(i) certified by the Director as contributing to the national cybersecurity of the United States; and

Inserted: "(ii) funded at least in majority part through a contract, grant, or cooperative agreement with the Agency;

Inserted: "(2) is focused on competencies and related learning necessary, as determined by the Director, to meet the immediate and ongoing needs of cybersecurity work roles at the Agency; and

Inserted: "(3) is registered with and approved by the Office of Apprenticeship of the Department of Labor or a State apprenticeship agency pursuant to the Act of August 16, 1937 (commonly known as the 'National Apprenticeship Act'; 29 U.S.C. 50 et seq.).

Inserted: "(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs.

Inserted: "(e) Optional Use of Grants or Cooperative Agreements.--An apprenticeship program under this section may include entering into a contract or cooperative agreement with or making a grant to an eligible entity if determined appropriate by the Director based on the eligible entity--

Inserted: "(1) demonstrating experience in implementing and providing career planning and career pathways toward apprenticeship programs;

Inserted: "(2) having knowledge of cybersecurity workforce development;

Inserted: "(3) being eligible to enter into a contract or cooperative agreement with or receive grant funds from the Agency as described in this section;

Inserted: "(4) providing students who complete the apprenticeship program with a recognized postsecondary credential;

Inserted: "(5) using related instruction that is specifically aligned with the needs of the Agency and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and

Inserted: "(6) demonstrating successful outcomes connecting graduates of the apprenticeship program to careers relevant to the program.

Inserted: "(f) Applications.--If the Director enters into an arrangement as described in subsection (e), an eligible entity seeking a contract, cooperative agreement, or grant under the program shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.

Inserted: "(g) Priority.--In selecting eligible entities to receive a contract, grant, or cooperative agreement under this section, the Director may prioritize an eligible entity that--

Inserted: "(1) is a member of an industry or sector partnership;

Inserted: "(2) provides related instruction for an apprenticeship program through--

Inserted: "(A) a local educational agency, a secondary school, a provider of adult education, an area career and technical education school, or an institution of higher education; or

Inserted: "(B) an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the grant under subsection (g);

Inserted: "(3) works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to apprenticeship programs in a relevant sector; or

Inserted: "(4) plans to use the grant to carry out the apprenticeship program with an entity that receives State funding or is operated by a State agency.

Inserted: "(h) Technical Assistance.--The Director shall provide technical assistance to eligible entities to leverage the existing job training and education programs of the Agency and other relevant programs at appropriate Federal agencies.

Inserted: "(i) Excepted Service.--Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208.

Inserted: "(j) Report.--

Inserted: "(1) In general.--Not less than once every 2 years after the establishment of an apprenticeship program under this section, the Director shall submit to Congress a report on the program, including--

Inserted: "(A) a description of--

Inserted: "(i) any activity carried out by the Agency under this section;

Inserted: "(ii) any entity that enters into a contract or agreement with or receives a grant from the Agency under subsection (e);

Inserted: "(iii) any activity carried out using a contract, agreement, or grant under this section as described in subsection (e); and

Inserted: "(iv) best practices used to leverage the investment of the Federal Government under this section; and

Inserted: "(B) an assessment of the results achieved by the program, including the rate of continued employment at the Agency for participants after completing an apprenticeship program carried out under this section.

Inserted: "(k) Performance Reports.--Not later than 1 year after the establishment of an apprenticeship program under this section, and annually thereafter, the Director shall submit to Congress and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)).

Inserted: "(l) Authorization of Appropriations.--There is authorized to be appropriated to the Agency such sums as necessary to carry out this section.".

Inserted: SEC. 5403. PILOT PROGRAM ON CYBER TRAINING FOR VETERANS AND MEMBERS OF THE ARMED FORCES TRANSITIONING TO CIVILIAN LIFE.

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

Inserted: (1) Eligible individual.--The term "eligible individual" means an individual who is--

Inserted: (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or

Inserted: (B) a veteran.

Inserted: (2) Portable credential.--The term "portable credential"--

Inserted: (A) means a documented award by a responsible and authorized entity that has determined that an individual has achieved specific learning outcomes relative to a given standard; and

Inserted: (B) includes a degree, diploma, license, certificate, badge, and professional or industry certification that--

Inserted: (i) has value locally and nationally in labor markets, educational systems, or other contexts;

Inserted: (ii) is defined publicly in such a way that allows educators, employers, and other individuals and entities to understand and verify the full set of skills represented by the credential; and

Inserted: (iii) enables a holder of the credential to move vertically and horizontally within and across training and education systems for the attainment of other credentials.

Inserted: (3) Veteran.--The term "veteran" has the meaning given the term in section 101 of title 31, United States Code.

Inserted: (4) Work-based learning.--The term "work-based learning" has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

Inserted: (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program under which the Secretary shall provide cyber-specific training for eligible individuals.

Inserted: (c) Elements.--The pilot program established under subsection (b) shall incorporate--

Inserted: (1) virtual platforms for coursework and training;

Inserted: (2) hands-on skills labs and assessments;

Inserted: (3) Federal work-based learning opportunities and programs; and

Inserted: (4) the provision of portable credentials to eligible individuals who graduate from the pilot program.

Inserted: (d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800-181), or any successor framework.

Inserted: (e) Coordination.--

Inserted: (1) Training, platforms, and frameworks.--In developing the pilot program under subsection (b), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cyber education and training to prevent duplication of efforts.

Inserted: (2) Federal work-based learning opportunities and programs.--In developing the Federal work-based learning opportunities and programs required under subsection (c)(3), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies to identify or create interagency opportunities that will enable the pilot program established under subsection (b) to--

Inserted: (A) bridge the gap between knowledge acquisition and skills application for participants; and

Inserted: (B) give participants the experience necessary to pursue Federal employment.

Inserted: (f) Resources.--

Inserted: (1) In general.--In any case in which the pilot program established under subsection (b)--

Inserted: (A) uses a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to ensure that those programs, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or

Inserted: (B) does not use a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to develop or procure programs, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program.

Inserted: (2) Actions.--Actions described in paragraph (1) may include providing additional funding, staff, or other resources to--

Inserted: (A) provide administrative support for basic functions of the pilot program;

Inserted: (B) ensure the success and ongoing engagement of eligible individuals participating in the pilot program;

Inserted: (C) connect graduates of the pilot program to job opportunities within the Federal Government; and

Inserted: (D) allocate dedicated positions for term employment to enable Federal work-based learning opportunities and programs for participants to gain the experience necessary to pursue permanent Federal employment.

Inserted: SEC. 5404. FEDERAL WORKFORCE ASSESSMENT EXTENSION.

Inserted: Section 304(a) of the Federal Cybersecurity Workforce Assessment Act of 2015 (5 U.S.C. 301 note) is amended, in the matter preceding paragraph (1), by striking "2022" and inserting "2025".

Inserted: SEC. 5405. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.

Inserted: (a) Technical Amendments.--

Inserted: (1) Homeland security act of 2002.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--

Inserted: (A) in the first section 2215 (6 U.S.C. 665; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.";

Inserted: (B) in the second section 2215 (6 U.S.C. 665b; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2216. JOINT CYBER PLANNING OFFICE.";

Inserted: (C) in the third section 2215 (6 U.S.C. 665c; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2217. CYBERSECURITY STATE COORDINATOR.";

Inserted: (D) in the fourth section 2215 (6 U.S.C. 665d; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.";

Inserted: (E) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE."; AND

Inserted: (F) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.".

Inserted: (2) Consolidated appropriations act, 2021.--Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended, in the matter preceding subparagraph (A), by inserting "of 2002" after "Homeland Security Act".

Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to sections 2214 through 2217 and inserting the following new items:

Inserted: "Sec. 2214. National Asset Database.

Inserted: "Sec. 2215. Duties and authorities relating to .gov internet domain.

Inserted: "Sec. 2216. Joint cyber planning office.

Inserted: "Sec. 2217. Cybersecurity State Coordinator.

Inserted: "Sec. 2218. Sector Risk Management Agencies.

Inserted: "Sec. 2219. Cybersecurity Advisory Committee.

Inserted: "Sec. 2220. Cybersecurity Education and Training Programs.

Inserted: "Sec. 2220A. Apprenticeship program.".

Inserted: Amendment No. 43 Offered by Ms. Spanberger of Virginia In title LI of division E, after section 5105, insert the following:

Inserted: SEC. 5106. CHINA FINANCIAL THREAT MITIGATION.

Inserted: (a) Report.--The Secretary of the Treasury shall conduct a study and issue a report that includes a description and analysis of any risks to the financial stability of the United States and the global economy emanating from the People's Republic of China, along with any recommendations to the United States representatives at the International Monetary Fund and the Financial Stability Board to strengthen international cooperation to monitor and mitigate such financial stability risks through the work of the International Monetary Fund and the Financial Stability Board.

Inserted: (b) Transmission of Report.--The Secretary of the Treasury shall transmit the report required under subsection (a) no later than December 31, 2022, to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, the United States Executive Director at the International Monetary Fund, and any person representing the United States at the Financial Stability Board.

Inserted: (c) Publication of Report.--The Secretary of the Treasury shall publish the report required under subsection (a) on the website of the Department of the Treasury no later than December 31, 2022.

Inserted: Amendment No. 44 Offered by Mr. Gottheimer of New Jersey In title LI, add at the end the following:

Inserted: SEC. 5106. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.

Inserted: (a) Report on Financial Services Benefitting State Sponsors of Terrorism, Human Rights Abusers, and Corrupt Officials.--

Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that includes--

Inserted: (A) a copy of any license issued by the Secretary in the preceding 180 days that authorizes a financial institution to provide financial services benefitting a state sponsor of terrorism; and

Inserted: (B) a list of any foreign financial institutions that, in the preceding 180 days, knowingly conducted a significant transaction or transactions, directly or indirectly, for a sanctioned person included on the Department of the Treasury's Specially Designated Nationals And Blocked Persons List who--

Inserted: (i) is owned or controlled by, or acts on behalf of, the government of a state sponsor of terrorism; or

Inserted: (ii) is designated pursuant to any of the following:

Inserted: (I) Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112208).

Inserted: (II) Subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328, the Global Magnitsky Human Rights Accountability Act).

Inserted: (III) Executive Order No. 13818.

Inserted: (2) Form of report.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

Inserted: (b) Waiver.--The Secretary of the Treasury may waive the requirements of subsection (a) with respect to a foreign financial institution described in paragraph (1)(B) of such subsection--

Inserted: (1) upon receiving credible assurances that the foreign financial institution has ceased, or will imminently cease, to knowingly conduct any significant transaction or transactions, directly or indirectly, for a person described in clause (i) or (ii) of such subparagraph (B); or

Inserted: (2) upon certifying to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that the waiver is important to the national interest of the United States, with an explanation of the reasons therefor.

Inserted: (c) Definitions.--For purposes of this section:

Inserted: (1) Financial institution.--The term "financial institution" means a United States financial institution or a foreign financial institution.

Inserted: (2) Foreign financial institution.--The term "foreign financial institution" has the meaning given that term under section 561.308 of title 31, Code of Federal Regulations.

Inserted: (3) Knowingly.--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.

Inserted: (4) United states financial institution.--The term "United States financial institution" has the meaning given the term "U.S. financial institution" under section 561.309 of title 31, Code of Federal Regulations.

Inserted: (d) Sunset.--The reporting requirement under this section shall terminate on the date that is the end of the 7-year period beginning on the date of the enactment of this Act.

Inserted: Amendment No. 45 Offered by Ms. Adams of North Carolina

Inserted: (a) Determination.--If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with Afghan illicit finance, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law--

Inserted: (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures described in section 5318A(b) of title 31, United States Code; or

Inserted: (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) involving any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of account.

Inserted: (b) Report Required.--

Inserted: (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate a report that shall identify any additional regulations, statutory changes, enhanced due diligence, and reporting requirements that are necessary to better identify, prevent, and combat money laundering linked to Afghanistan, including related to--

Inserted: (A) identifying the beneficial ownership of anonymous companies;

Inserted: (B) strengthening current, or enacting new, reporting requirements and customer due diligence requirements for sectors and entities that support illicit financial activity related to Afghanistan; and

Inserted: (C) enhanced know-your-customer procedures and screening for transactions involving Afghan political leaders, Afghan state-owned or -controlled enterprises, and known Afghan transnational organized crime figures.

Inserted: (2) Format.--The report required under this subsection shall be made available to the public, including on the website of the Department of the Treasury, but may contain a classified annex and be accompanied by a classified briefing.

Inserted: (c) Sense of Congress on International Cooperation.--It is the sense of the Congress that the Secretary of the Treasury and other relevant cabinet members (such as the Secretary of State, Secretary of Homeland Security, and Attorney General) should work jointly with European, E.U., and U.K. financial intelligence units, trade transparency units, and appropriate law enforcement authorities to present, both in the report required under subsection (b) and in future analysis of suspicious transaction reports, cash transaction reports, currency and monetary instrument reports, and other relevant data to identify trends and assess risks in the movement of illicit funds from Afghanistan through the United States, British, and European financial systems.

Inserted: (d) Classified Information.--In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section.

Inserted: (e) Availability of Information.--The exemptions from, and prohibitions on, search and disclosure provided in section 5319 of title 31, United States Code, shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a) of this section. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section.

Inserted: (f) Penalties.--The penalties provided for in sections 5321 and 5322 of title 31, United States Code, that apply to violations of special measures imposed under section 5318A of title 31,United States Code, shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section, in the same manner and to the same extent as described in sections 5321 and 5322.

Inserted: (g) Injunctions.--The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section in the same manner and to the same extent as described in section 5320 of title 31, United States Code.

Inserted: Amendment No. 50 Offered by Mr. auchincloss of Massachusetts

Inserted: amendment no. 54 offered by mr. barr of kentucky

Inserted: (E) is an on-site training platform for Federal, State, and local law enforcement personnel to use for a variety of training exercises, including urban search and rescue and maritime security exercises;

Inserted: (F) is a partner with the Navy in carrying out Defense Support of Civil Authorities efforts by supporting training exercises and responses to crises, including the COVID-19 pandemic;

Inserted: (G) is a science, technology, engineering, and mathematics education platform for thousands of students each year;

Inserted: (H) is an instrumental partner in the economic development efforts along the Los Angeles waterfront by attracting hundreds of thousands of visitors annually and improving the quality of life for area residents; and

Inserted: (I) provides a safe place for--

Inserted: (i) veteran engagement and reintegration into the community through programs and activities that provide a sense of belonging to members of the Armed Forces and veterans; and

Inserted: (ii) proud Americans to come together in common purpose to highlight the importance of service to community for the future of the United States.

Inserted: (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles.

Inserted: (6) The National Museum of the Surface Navy will--

Inserted: (A) be the official museum to honor millions of Americans who have proudly served and continue to serve in the Surface Navy since the founding of the Navy on October 13, 1775;

Inserted: (B) be a community-based and future-oriented museum that will raise awareness and educate the public on the important role of the Surface Navy in ensuring international relations, maintaining safe sea transit for free trade, preventing piracy, providing humanitarian assistance, and enhancing the role of the United States throughout the world;

Inserted: (C) build on successes of the Battleship IOWA Museum by introducing new exhibits and programs with a focus on education, veterans, and community;

Inserted: (D) borrow and exhibit artifacts from the Navy and other museums and individuals throughout the United States; and

Inserted: (E) work with individuals from the Surface Navy community and the public to ensure that the story of the Surface Navy community is accurately interpreted and represented.

Inserted: (b) Designation.--

Inserted: (1) In general.--The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the "National Museum of the Surface Navy".

Inserted: (2) Purposes.--The purposes of the National Museum of the Surface Navy shall be to--

Inserted: (A) provide and support--

Inserted: (i) a museum dedicated to the United States Surface Navy community; and

Inserted: (ii) a platform for education, community, and veterans programs;

Inserted: (B) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and

Inserted: (C) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States.

Inserted: Amendment No. 56 Offered by Ms. Barragan of California

Inserted: (2) Coordination and consultation.--In conducting the study required under paragraph (1), the United States Interagency Council on Homelessness shall--

Inserted: (A) coordinate with--

Inserted: (i) the Interagency Task Force to Monitor and Combat Trafficking established under section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103);

Inserted: (ii) the United States Advisory Council on Human Trafficking;

Inserted: (iii) the Secretary of Housing and Urban Development;

Inserted: (iv) the Secretary of Health and Human Services; and

Inserted: (v) the Attorney General; and

Inserted: (B) consult with--

Inserted: (i) the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States;

Inserted: (ii) survivors of trafficking;

Inserted: (iii) direct service providers, including--

Inserted: (I) organizations serving runaway and homeless youth;

Inserted: (II) organizations serving survivors of trafficking through community-based programs; and

Inserted: (III) organizations providing housing services to survivors of trafficking; and

Inserted: (iv) housing and homelessness assistance providers, including recipients of grants under--

Inserted: (I) the continuum of care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.); and

Inserted: (II) the Emergency Solutions Grants Program authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.).

Inserted: (3) Contents.--The study conducted under paragraph (1) shall include--

Inserted: (A) with respect to the individuals described in that paragraph--

Inserted: (i) an evaluation of formal assessments and outreach methods used to identify and assess the housing and service needs of those individuals, including outreach methods to--

Inserted: (I) ensure effective communication with individuals with disabilities; and

Inserted: (II) reach individuals with limited English proficiency;

Inserted: (ii) a review of the availability and accessibility of homelessness or housing services for those individuals, including the family members of those individuals who are minors involved in foster care systems, that identifies the disability-related needs of those individuals, including the need for housing with accessibility features;

Inserted: (iii) the effect of any policies and procedures of mainstream homelessness or housing services that facilitate or limit the availability of those services and accessibility for those individuals, including those individuals who are involved in the legal system, as those services are in effect as of the date on which the study is conducted;

Inserted: (iv) an identification of best practices in meeting the housing and service needs of those individuals; and

Inserted: (v) an assessment of barriers to fair housing and housing discrimination against survivors of trafficking who are members of a protected class under the Fair Housing Act (42 U.S.C. 3601 et seq.);

Inserted: (B) an assessment of the ability of mainstream homelessness or housing services to meet the specialized needs of survivors of trafficking, including trauma responsive approaches specific to labor and sex trafficking survivors; and

Inserted: (C) an evaluation of the effectiveness of, and infrastructure considerations for, housing and service-delivery models that are specific to survivors of trafficking, including survivors of severe forms of trafficking, including emergency rental assistance models.

Inserted: (c) Report.--Not later than 1 year after the date of enactment of this Act, the United States Interagency Council on Homelessness shall--

Inserted: (1) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing the information described in subparagraphs (A) through (C) of subsection (b)(3); and

Inserted: (2) make the report submitted under paragraph (1) publicly available.

Inserted: Amendment No. 58 Offered by Mr. Bera of California

Inserted: (d) United States Contributions.--Amounts authorized to be appropriated under chapters 1 and 10 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) are authorized to be made available for United States contributions to the Coalition.

Inserted: (e) Appropriate Congressional Committees.--In this section, the term "appropriate congressional committees" means--

Inserted: (1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

Inserted: (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Inserted: Amendment No. 59 Offered by Mr. Bera of California

Inserted: (A) technical or management challenges; and

Inserted: (B) changes in requirements for the program.

Inserted: (c) Submission to Congress.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the study under subsection (a), without change.

Inserted: (d) Form.--The study under subsection (a) shall be in unclassified form, but may include a classified annex.

Inserted: Amendment No. 64 offered by mr. blumenauer of oregon

Inserted: (11) While the recent tragedy that befell our heroes in Afghanistan was the most recent dignified transfer, it is important to not forget that the Center for Mortuary Affairs has conducted over 8,150 dignified transfers since September 11, 2001.

Inserted: (12) This sacred mission has been entrusted to Dover Air Force Base since 1955 and the Center is currently the only Department of Defense mortuary in the continental United States.

Inserted: (13) Service members who serve at the Center for Mortuary Affairs are often so moved by their work that they voluntarily elect to serve multiple tours because they feel called to serve our fallen heroes.

Inserted: (b) Sense of Congress.--It is the sense of the Congress that the people of the United States should--

Inserted: (1) honor and express sincerest gratitude to the women and men of the Dover Air Force Base for their distinguished service;

Inserted: (2) acknowledge the incredible sacrifice and service of the families of active-duty members of the United States military;

Inserted: (3) keep in their thoughts and their prayers the women and men of the United States Armed Forces; and

Inserted: (4) recognize the incredibly unique and important work of the Air Force Mortuary Affairs Operations and the role they play in honoring our fallen heroes.

Inserted: Amendment no. 66 offered by ms. bourdeaux of georgia

Inserted: (c) Publication.--The Secretary of Defense shall--

Inserted: (1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (a); and

Inserted: (2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.

Inserted: (d) Termination.--The requirement under this section shall terminate on December 31, 2026.

Inserted: amendment no. 72 offered by ms. brownley of california

Inserted: (11) By 1976, all regulations that permitted involuntary separation or discharge of a member of the Armed Forces because of pregnancy or any form of parenthood were rescinded.

Inserted: (12) Today, women comprise 17 percent of the Armed Forces, and many are parents, including 12 percent of whom are single parents.

Inserted: (13) While military parents face many hardships, today's Armed Forces provides various lengths of paid family leave for mothers and fathers. for both birth and adoption of children.

Inserted: (b) Sense of Congress.--

Inserted: (1) Sense of congress.--It is the sense of Congress that women who served in the Armed Forces before February 23, 1976 should not have been involuntarily separated or discharged due to pregnancy or parenthood.

Inserted: (2) Expression of remorse.--Congress hereby expresses deep remorse for the women who patriotically served in the Armed Forces, but were forced, by official United States policy, to endure unnecessary and discriminatory actions, including the violation of their constitutional right to due process of law, simply because they became pregnant or became a parent while a member of the Armed Forces.

Inserted: (c) GAO Study of Women Involuntarily Separated or Discharged Due to Pregnancy or Parenthood.--

Inserted: (1) Study required.--The Comptroller General of the United States shall conduct a study regarding women involuntarily separated or discharged from the Armed Forces due to pregnancy or parenthood during the period of 1951 through 1976. The study shall identify--

Inserted: (A) the number of such women, disaggregated by--

Inserted: (i) Armed Force;

Inserted: (ii) grade;

Inserted: (iii) race; and

Inserted: (iv) ethnicity;

Inserted: (B) the characters of such discharges or separations;

Inserted: (C) discrepancies in uniformity of such discharges or separations;

Inserted: (D) how such discharges or separations affected access of such women to health care and benefits through the Department of Veterans Affairs; and

Inserted: (E) recommendations for improving access of such women to resources through the Department of Veterans Affairs.

Inserted: (2) Briefing and report.--

Inserted: (A) Briefing.--Not later than 6 months after the date of enactment of this Act, the Comptroller General shall brief the Committees on Armed Services and the Committees on Veterans' Affairs of the Senate and the House of Representatives on the study.

Inserted: (B) Report.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committees on Armed Services and the Committees on Veterans' Affairs of the Senate and the House of Representatives on the results of the study conducted under paragraph (1).

Inserted: amendment no. 74 offered by ms. brownley of california

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

Inserted: (1) Esea definitions.--The terms "English learner", "secondary school", and "State" have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Inserted: (2) Native american languages.--The term "Native American languages" has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).

Inserted: (3) Seal of biliteracy program.--The term "Seal of Biliteracy program" means any program described in section 4(a) that is established or improved, and carried out, with funds received under this section.

Inserted: (4) Second language.--The term "second language" means any language other than English (or a Native American language, pursuant to section 4(a)(2)), including Braille, American Sign Language, or a Classical language.

Inserted: (5) Secretary.--The term "Secretary" means the Secretary of Education.

Inserted: (c) Grants for State Seal of Biliteracy Programs.--

Inserted: (1) Establishment of program.--

Inserted: (A) In general.--From amounts made available under paragraph (6), the Secretary shall award grants, on a competitive basis, to States to enable the States to establish or improve, and carry out, Seal of Biliteracy programs to recognize student proficiency in speaking, reading, and writing in both English and a second language.

Inserted: (B) Inclusion of native american languages.--Notwithstanding subparagraph (A), each Seal of Biliteracy program shall contain provisions allowing the use of Native American languages, including allowing speakers of any Native American language recognized as official by any American government, including any Tribal government, to use equivalent proficiency in speaking, reading, and writing in the Native American language in lieu of proficiency in speaking, reading, and writing in English.

Inserted: (C) Duration.--A grant awarded under this section shall be for a period of 2 years, and may be renewed at the discretion of the Secretary.

Inserted: (D) Renewal.--At the end of a grant term, a State that receives a grant under this section may reapply for a grant under this section.

Inserted: (E) Limitations.--A State shall not receive more than 1 grant under this section at any time.

Inserted: (F) Return of unspent grant funds.--Each State that receives a grant under this section shall return any unspent grant funds not later than 6 months after the date on which the term for the grant ends.

Inserted: (2) Grant application.--A State that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including--

Inserted: (A) a description of the criteria a student must meet to demonstrate the proficiency in speaking, reading, and writing in both languages necessary for the State Seal of Biliteracy program;

Inserted: (B) a detailed description of the State's plan--

Inserted: (i) to ensure that English learners and former English learners are included in the State Seal of Biliteracy program;

Inserted: (ii) to ensure that--

Inserted: (I) all languages, including Native American languages, can be tested for the State Seal of Biliteracy program; and

Inserted: (II) Native American language speakers and learners are included in the State Seal of Biliteracy program, including students at tribally controlled schools and at schools funded by the Bureau of Indian Education; and

Inserted: (iii) to reach students, including eligible students described in paragraph (3)(B) and

Inserted: English learners, their parents, and schools with information regarding the State Seal of Biliteracy program;

Inserted: (C) an assurance that a student who meets the requirements under subparagraph (A) and paragraph (3) receives--

Inserted: (i) a permanent seal or other marker on the student's secondary school diploma or its equivalent; and

Inserted: (ii) documentation of proficiency on the student's official academic transcript; and

Inserted: (D) an assurance that a student is not charged a fee for providing information under paragraph (3)(A).

Inserted: (3) Student participation in a seal of biliteracy program.--

Inserted: (A) In general.--To participate in a Seal of Biliteracy program, a student shall provide information to the State that serves the student at such time, in such manner, and including such information and assurances as the State may require, including an assurance that the student has met the criteria established by the State under paragraph (2)(A).

Inserted: (B) Student eligibility for participation.--A student who gained proficiency in a second language outside of school may apply under subparagraph (A) to participate in a Seal of Biliteracy program.

Inserted: (4) Use of funds.--Grant funds made available under this section shall be used for--

Inserted: (A) the administrative costs of establishing or improving, and carrying out, a Seal of Biliteracy program that meets the requirements of paragraph (2); and

Inserted: (B) public outreach and education about the Seal of Biliteracy program.

Inserted: (5) Report.--Not later than 18 months after receiving a grant under this section, a State shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program for which the State received the grant.

Inserted: (6) Authorization of appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.

Inserted: amendment no. 75 offered by ms. brownley of california

Inserted: (f) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Manufacturing Technology Program, line 051 is hereby increased by $3,000,000.

Inserted: (g) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for Office of the Secretary of Defense, line 540 is hereby reduced by $3,000,000.

Inserted: amendment no. 83 offered by mrs. bustos of illinois

Inserted: (1) The term "appropriate congressional committees" means--

Inserted: (A) the Committee on Homeland Security, the Committee on Finance, and the Committee on Ways and Means of the House of Representatives; and

Inserted: (B) the Committee on Commerce, Science, and Transportation, the Committee on Finance, and the Joint Committee on Taxation of the Senate.

Inserted: (2) The term "CBP" means U.S. Customs and Border Protection.

Inserted: amendment no. 85 offered by mrs. cammack of florida

Inserted: "(B) In this paragraph, the term 'Pacific Island region' includes the Republic of Fiji, the Republic Kiribati, the Marshall Islands, the Federated States of Micronesia, the Republic of Nauru, the Republic of Palau, the Independent State of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic of Vanuatu.".

Inserted: amendment no. 89 offered by mr. case of hawaii

Inserted: (B) The military, intelligence, diplomatic, developmental, and humanitarian efforts of the People's Republic of China and Russia in Indo-Pacific countries.

Inserted: (C) The ability of the United States and its allies and partners to combat violent extremist organizations operating in the Indo-Pacific region.

Inserted: (D) Any other matters the Secretary of Defense determines to be relevant.

Inserted: (c) Form.--The report required under subsection (a) may be submitted in classified form, but shall include an unclassified summary.

Inserted: (d) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--

Inserted: (1) the congressional defense committees; and

Inserted: (2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

Inserted: amendment no. 91 offered by mr. case of hawaii

Inserted: (B) Major milestones and expected timelines for maintaining access to the land covered by each lease and easement.

Inserted: (C) Actions completed over the preceding two years for each lease and easement.

Inserted: (D) Department-wide and service-specific authorities governing each lease and easement extension.

Inserted: (E) A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments.

Inserted: (F) The status of efforts to develop an inventory of military land in Hawai'i, including current and possible future uses of the land, that would assist in land negotiations with the State of Hawai'i.

Inserted: (G) The risks and potential solutions to ensure the renewability of required and critical leases and easements.

Inserted: amendment no. 92 offered by mr. case of hawaii

Inserted: (B) in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards.

Inserted: (3) Exception.--The inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility.

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

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

Inserted: (1) the results of the inspection conducted under subsection (c);

Inserted: (2) the life-cycle sustainment plan prepared under subsection (d); and

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

Inserted: amendment no. 93 offered by mr. case of hawaii

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

Inserted: (c) Required Update of Master Plan.--

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

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

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

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

Inserted: (C) A summary of all leases and easements held by the Department.

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

Inserted: (i) The location and size of facilities.

Inserted: (ii) Any tenet commands.

Inserted: (iii) Training lands.

Inserted: (iv) Purpose of the asset.

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

Inserted: (E) A summary of encroachment planning efforts.

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

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

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

Inserted: amendment no. 95 offered by mr. case of hawaii

Inserted: (c) Migrant.--For the purposes of this section and the amendments made by this section, the term "migrant" includes economic migrants, guest workers, refugees, asylum-seekers, stateless persons, trafficked persons, undocumented migrants, and unaccompanied children, in addition to other individuals who change their country of usual residence temporarily or permanently.

Inserted: amendment no. 99 offered by mr. chabot of ohio

Inserted: (B) the adequacy of the Department of State's public affairs elements, including the Global Engagement Center, for conducting and responding to information operations conducted as part of a gray zone campaign.

Inserted: (e) Elements With Respect to Interagency.--The study shall examine the following with respect to interagency coordination of and capacity to conduct and respond to gray zone campaigns:

Inserted: (1) The capacity of the interagency to marshal disparate elements of national power to effectively respond in a coordinated manner to adversary gray zone campaigns against the United States or partner nations.

Inserted: (2) The capacity to recognize adversary campaigns from weak signals, including rivals' intent, capability, impact, interactive effects, and impact on United States interests.

Inserted: (3) A description of the process for determining the tolerance for adversary gray zone activity, including the methods and mechanisms for--

Inserted: (A) determining which adversary gray zone activities are unacceptable;

Inserted: (B) communicating these positions to adversaries;

Inserted: (C) developing theories of deterrence; and

Inserted: (D) establishing and regularly reviewing protocols with allies and partners to respond to such activities.

Inserted: (4) Recommendations for addressing gaps between covered agencies as well as inadequacies and inefficiencies in the interagency coordination of covered agencies and their elements including a discussion of how such recommendations will be sufficient to achieve United States gray zone objectives and to counter adversary gray zone campaigns.

Inserted: (f) Form.--The report described in this subsection shall be submitted in an unclassified format insofar as possible and shall include a classified annex.

Inserted: (g) Covered Agencies Defined.--For purposes of the review and report described in paragraph (1), the term "covered agencies" means the following:

Inserted: (1) The Department of State.

Inserted: (2) The Department of Defense.

Inserted: (3) The Department of Justice.

Inserted: (4) The Department of Commerce.

Inserted: (5) The Department of Homeland Security.

Inserted: (6) The Department of the Treasury.

Inserted: (7) The Office of the Director of National Intelligence.

Inserted: (8) The Central Intelligence Agency.

Inserted: (9) The National Security Agency.

Inserted: (10) The United States International Development Finance Corporation.

Inserted: (11) The United States Agency for Global Media.

Inserted: (12) The United States Trade Representative.

Inserted: (h) Definition.--For purposes of this section:

Inserted: (1) The term "gray zone operations" is defined as state-directed operations against another state that are not associated with routine statecraft and are meant to advance a country's foreign objectives without crossing a threshold that results in a conventional military response or open hostilities. Such activities include the following:

Inserted: (A) Information warfare, including the spreading of disinformation or propaganda.

Inserted: (B) Encouraging internal strife within target countries.

Inserted: (C) Coordinated efforts to unduly influence democratic elections or related political activities.

Inserted: (D) Economic coercion.

Inserted: (E) Cyber operations, below the threshold of conflict, aimed at coercion, espionage, or otherwise undermining a target.

Inserted: (F) Support of domestic or foreign proxy forces.

Inserted: (G) Coercive investment and bribery for political aims.

Inserted: (H) Industrial policy designed to monopolize a strategic industry or to destroy such an industry in other nations, especially when coordinated with other gray zone operations.

Inserted: (I) Military, paramilitary, or similar provocations and operations short of war.

Inserted: (J) Government financing or sponsorship of activities described in subparagraphs (A) through (I).

Inserted: (2) The term "gray zone campaigns" is the use of gray zone operations, including the coordination of gray zone operations against multiple domains, with the goal of achieving a political or military objective.

Inserted: amendment no. 100 offered by ms. cheney of wyoming

Inserted: (I) by striking "January 31, 2021" and inserting "January 31, 2027"; and

Inserted: (II) by striking "each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary," and inserting "the Secretary of Defense";

Inserted: (ii) in subparagraph (A), by inserting "or bullying" after "hazing";

Inserted: (iii) in subparagraph (B), by inserting "formally, informally, and" before "anonymously"; and

Inserted: (iv) in subparagraph (C), by inserting "and anti-bullying" after "anti-hazing"; and

Inserted: (C) in amending paragraph (2) to read as follows:

Inserted: "(2) Additional elements.--Each report required by this subsection shall include the following:

Inserted: "(A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces, including formal, informal, and anonymous reports.

Inserted: "(B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying.

Inserted: "(C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary.

Inserted: "(D) An assessment by the Office of the Secretary of Defense of--

Inserted: "(i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying;

Inserted: "(ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year.

Inserted: "(E) Recommendations of the Secretary to improve--

Inserted: "(i) elements described in subparagraphs (A) through (D).

Inserted: "(ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces.

Inserted: "(F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces.

Inserted: "(G) Data on allegations of hazing and bullying in the Armed Forces, including--

Inserted: "(i) number of formal, informal, and anonymous reports; and

Inserted: "(ii) final disposition of investigations.

Inserted: "(H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.".

Inserted: amendment no. 103 offered by ms. chu of california

Inserted: amendment no. 106 offered by ms. clark of massachusetts

Inserted: "(2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws.

Inserted: "(d) Report to Congress.--Not later than one year after the date of the enactment of this Act, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section.

Inserted: "(e) Savings.--Nothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code.

Inserted: "(f) Definitions.--In this section:

Inserted: "(1) Cybersecurity risk.--The term 'cybersecurity risk' has the meaning given such term in section 2209(a).

Inserted: "(2) Industrial control system.--The term 'industrial control system' means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes.

Inserted: "(3) Information system.--The term 'information system' has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501(9)).".

Inserted: (b) Responsibilities of the CISA Director Relating to Industrial Control Systems That Support National Critical Functions.--

Inserted: (1) In general.--Subsection (c) of section 2202 of the Homeland Security Act of 2002 (6 U.S.C. 652) is amended--

Inserted: (A) in paragraph (11), by striking "and" after the semicolon;

Inserted: (B) in the first paragraph (12) (relating to appointment of a Cybersecurity State Coordinator) by striking "as described in section 2215; and" and inserting "as described in section 2217;";

Inserted: (C) by redesignating the second paragraph (12) (relating to the .gov internet domain) as paragraph (13);

Inserted: (D) in such redesignated paragraph (13), by striking "and" after the semicolon;

Inserted: (E) by inserting after such redesignated paragraph (13) the following new paragraph:

Inserted: "(14) maintain voluntary partnerships with critical infrastructure entities that own or operate industrial control systems that support national critical functions, which may include, upon request and subject to the consent of the owner or operator, providing technical assistance in the form of continuous monitoring and detection of cybersecurity risks (as such term is defined in section 2209(a)) in furtherance of section 2220A; and"; and

Inserted: (F) by redesignating the third paragraph (12) (relating to carrying out such other duties and responsibilities) as paragraph (15).

Inserted: (2) Continuous monitoring and detection.--Section 2209(c)(6) of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended by inserting ", which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions" after "mitigation, and remediation".

Inserted: (c) Title XXII Technical and Clerical Amendments.--

Inserted: (1) Technical amendments.--

Inserted: (A) Homeland security act of 2002.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--

Inserted: (i) in the first section 2215 (6 U.S.C. 665; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.";

Inserted: (ii) in the second section 2215 (6 U.S.C. 665b; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2216. JOINT CYBER PLANNING OFFICE.";

Inserted: (iii) in the third section 2215 (6 U.S.C. 665c; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2217. CYBERSECURITY STATE COORDINATOR.";

Inserted: (iv) in the fourth section 2215 (6 U.S.C. 665d; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.";

Inserted: (v) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE."; AND

Inserted: (vi) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.".

Inserted: (B) Consolidated appropriations act, 2021.--Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended, in the matter preceding subparagraph (A), by inserting "of 2002" after "Homeland Security Act".

Inserted: (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to sections 2214 through 2217 and inserting the following new items:

Inserted: "Sec. 2214. National Asset Database.

Inserted: "Sec. 2215. Duties and authorities relating to .gov internet domain.

Inserted: "Sec. 2216. Joint cyber planning office.

Inserted: "Sec. 2217. Cybersecurity State Coordinator.

Inserted: "Sec. 2218. Sector Risk Management Agencies.

Inserted: "Sec. 2219. Cybersecurity Advisory Committee.

Inserted: "Sec. 2220. Cybersecurity Education and Training Programs.

Inserted: "Sec. 2220A. CyberSentry program.".

Inserted: Amendment No. 108 offered by Ms. Clarke of New York

Inserted: "(9) Information system.--The term 'information system' has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501(9)).

Inserted: "(10) 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)).

Inserted: "(11) Managed service provider.--The term 'managed service provider' means an entity that delivers services, such as network, application, infrastructure, or security services, via ongoing and regular support and active administration on customers' premises, in the managed service provider's data center (such as hosting), or in a third-party data center.

Inserted: "(12) Security control.--The term 'security control' has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)).

Inserted: "(13) Security vulnerability.--The term 'security vulnerability' has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)).

Inserted: "(14) Significant cyber incident.--The term 'significant cyber incident' means a cyber incident, or a group of related cyber incidents, that the Director determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the American people.

Inserted: "(15) Supply chain attack.--The term 'supply chain attack' means an attack that allows an adversary to utilize implants or other vulnerabilities inserted into information technology hardware, software, operating systems, peripherals (such as information technology products), or services at any point during the life cycle in order to infiltrate the networks of third parties where such products, services, or technologies are deployed.

Inserted: "(b) Cyber Incident Review Office.--There is established in the Agency a Cyber Incident Review Office (in this section referred to as the 'Office') to receive, aggregate, and analyze reports related to covered cybersecurity incidents submitted by covered entities in furtherance of the activities specified in subsection (c) of this section and sections 2202(e), 2209(c), and 2203 to enhance the situational awareness of cybersecurity threats across critical infrastructure sectors.

Inserted: "(c) Activities.--The Office shall, in furtherance of the activities specified in sections 2202(e), 2209(c), and 2203--

Inserted: "(1) receive, aggregate, analyze, and secure reports from covered entities related to a covered cybersecurity incident to assess the effectiveness of security controls and identify tactics, techniques, and procedures adversaries use to overcome such controls;

Inserted: "(2) facilitate the timely sharing between relevant critical infrastructure owners and operators and, as appropriate, the intelligence community of information relating to covered cybersecurity incidents, particularly with respect to an ongoing cybersecurity threat or security vulnerability;

Inserted: "(3) for a covered cybersecurity incident that also satisfies the definition of a significant cyber incident, or are part of a group of related cyber incidents that together satisfy such definition, conduct a review of the details surrounding such covered cybersecurity incident or group of such incidents and identify ways to prevent or mitigate similar incidents in the future;

Inserted: "(4) with respect to covered cybersecurity incident reports under subsection (d) involving an ongoing cybersecurity threat or security vulnerability, immediately review such reports for cyber threat indicators that can be anonymized and disseminated, with defensive measures, to appropriate stakeholders, in coordination with other Divisions within the Agency, as appropriate;

Inserted: "(5) publish quarterly unclassified, public reports that describe aggregated, anonymized observations, findings, and recommendations based on covered cybersecurity incident reports under subsection (d);

Inserted: "(6) leverage information gathered regarding cybersecurity incidents to enhance the quality and effectiveness of bi-directional information sharing and coordination efforts with appropriate stakeholders, including sector coordinating councils, information sharing and analysis organizations, technology providers, cybersecurity and incident response firms, and security researchers, including by establishing mechanisms to receive feedback from such stakeholders regarding how the Agency can most effectively support private sector cybersecurity; and

Inserted: "(6) proactively identify opportunities, in accordance with the protections specified in subsections (e) and (f), to leverage and utilize data on cybersecurity incidents in a manner that enables and strengthens cybersecurity research carried out by academic institutions and other private sector organizations, to the greatest extent practicable.

Inserted: "(d) Covered Cybersecurity Incident Reporting Requirements and Procedures.--

Inserted: "(1) In general.--Not later than 270 days after the date of the enactment of this section, the Director, in consultation with Sector Risk Management Agencies and the heads of other Federal departments and agencies, as appropriate, shall, after a 60 day consultative period, followed by a 90 day comment period with appropriate stakeholders, including sector coordinating councils, publish in the Federal Register an interim final rule implementing this section. Notwithstanding section 553 of title 5, United States Code, such rule shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for comment. The Director shall issue a final rule not later than one year after publication of such interim final rule. Such interim final rule shall--

Inserted: "(A) require covered entities to submit to the Office reports containing information relating to covered cybersecurity incidents; and

Inserted: "(B) establish procedures that clearly describe--

Inserted: "(i) the types of critical infrastructure entities determined to be covered entities;

Inserted: "(ii) the types of cybersecurity incidents determined to be covered cybersecurity incidents;

Inserted: "(iii) the mechanisms by which covered cybersecurity incident reports under subparagraph (A) are to be submitted, including--

Inserted: "(I) the contents, described in paragraph (4), to be included in each such report, including any supplemental reporting requirements;

Inserted: "(II) the timing relating to when each such report should be submitted; and

Inserted: "(III) the format of each such report;

Inserted: "(iv) describe the manner in which the Office will carry out enforcement actions under subsection (g), including with respect to the issuance of subpoenas, conducting examinations, and other aspects relating to noncompliance; and

Inserted: "(v) any other responsibilities to be carried out by covered entities, or other procedures necessary to implement this section.

Inserted: "(2) Covered entities.--In determining which types of critical infrastructure entities are covered entities for purposes of this section, the Secretary, acting through the Director, in consultation with Sector Risk Management Agencies and the heads of other Federal departments and agencies, as appropriate, shall consider--

Inserted: "(A) the consequences that disruption to or compromise of such an entity could cause to national security, economic security, or public health and safety;

Inserted: "(B) the likelihood that such an entity may be targeted by a malicious cyber actor, including a foreign country;

Inserted: "(C) the extent to which damage, disruption, or unauthorized access to such and entity will disrupt the reliable operation of other critical infrastructure assets; and

Inserted: "(D) the extent to which an entity or sector is subject to existing regulatory requirements to report cybersecurity incidents, and the possibility of coordination and sharing of reports between the Office and the regulatory authority to which such entity submits such other reports.

Inserted: "(3) Outreach to covered entities.--

Inserted: "(A) In general.--The Director shall conduct an outreach and education campaign to inform covered entities of the requirements of this section.

Inserted: "(B) Elements.--The outreach and education campaign under subparagraph (A) shall include the following:

Inserted: "(i) Overview of the interim final rule and final rule issued pursuant to this section.

Inserted: "(ii) Overview of reporting requirements and procedures issued pursuant to paragraph (1).

Inserted: "(iii) Overview of mechanisms to submit to the Office covered cybersecurity incident reports and information relating to the disclosure, retention, and use of incident reports under this section.

Inserted: "(iv) Overview of the protections afforded to covered entities for complying with requirements under subsection (f).

Inserted: "(v) Overview of the steps taken under subsection (g) when a covered entity is not in compliance with the reporting requirements under paragraph (1).

Inserted: "(C) Coordination.--The Director may conduct the outreach and education campaign under subparagraph (A) through coordination with the following:

Inserted: "(i) The Critical Infrastructure Partnership Advisory Council established pursuant to section 871.

Inserted: "(ii) Information Sharing and Analysis Organizations.

Inserted: "(iii) Any other means the Director determines to be effective to conduct such campaign.

Inserted: "(4) Covered cybersecurity incidents.--

Inserted: "(A) Considerations.--In accordance with subparagraph (B), in determining which types of incidents are covered cybersecurity incidents for purposes of this section, the Director shall consider--

Inserted: "(i) the sophistication or novelty of the tactics used to perpetrate such an incident, as well as the type, volume, and sensitivity of the data at issue;

Inserted: "(ii) the number of individuals directly or indirectly affected or potentially affected by such an incident; and

Inserted: "(iii) potential impacts on industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers.

Inserted: "(B) Minimum thresholds.--For a cybersecurity incident to be considered a covered cybersecurity incident a cybersecurity incident shall, at a minimum, include at least one of the following:

Inserted: "(i) Unauthorized access to an information system or network that leads to loss of confidentiality, integrity, or availability of such information system or network, or has a serious impact on the safety and resiliency of operational systems and processes.

Inserted: "(ii) Disruption of business or industrial operations due to a denial of service attack, a ransomware attack, or exploitation of a zero-day vulnerability, against--

Inserted: "(I) an information system or network; or

Inserted: "(II) an operational technology system or process.

Inserted: "(iii) Unauthorized access or disruption of business or industrial operations due to loss of service facilitated through, or caused by a compromise of, a cloud service provider, managed service provider, other third-party data hosting provider, or supply chain attack.

Inserted: "(5) Reports.--

Inserted: "(A) Timing.--

Inserted: "(i) In general.--The Director, in consultation with Sector Risk Management Agencies and the heads of other Federal departments and agencies, as appropriate, shall establish reporting timelines for covered entities to submit promptly to the Office covered cybersecurity incident reports, as the Director determines reasonable and appropriate based on relevant factors, such as the nature, severity, and complexity of the covered cybersecurity incident at issue and the time required for investigation, but in no case may the Director require reporting by a covered entity earlier than 72 hours after confirmation that a covered cybersecurity incident has occurred.

Inserted: "(ii) Considerations.--In determining reporting timelines under clause (i), the Director shall--

Inserted: "(I) consider any existing regulatory reporting requirements, similar in scope purpose, and timing to the reporting requirements under this section, to which a covered entity may also be subject, and make efforts to harmonize the timing and contents of any such reports to the maximum extent practicable; and

Inserted: "(II) balance the Agency's need for situational awareness with a covered entity's ability to conduct incident response and investigations.

Inserted: "(B) Third party reporting.--

Inserted: "(i) In general.--A covered entity may submit a covered cybersecurity incident report through a third party entity or Information Sharing and Analysis Organization.

Inserted: "(ii) Duty to ensure compliance.--Third party reporting under this subparagraph does not relieve a covered entity of the duty to ensure compliance with the requirements of this paragraph.

Inserted: "(C) Supplemental reporting.--A covered entity shall submit promptly to the Office, until such date that such covered entity notifies the Office that the cybersecurity incident investigation at issue has concluded and the associated covered cybersecurity incident has been fully mitigated and resolved, periodic updates or supplements to a previously submitted covered cybersecurity incident report if new or different information becomes available that would otherwise have been required to have been included in such previously submitted report. In determining reporting timelines, the Director may choose to establish a flexible, phased reporting timeline for covered entities to report information in a manner that aligns with investigative timelines and allows covered entities to prioritize incident response efforts over compliance.

Inserted: "(D) Contents.--Covered cybersecurity incident reports submitted pursuant to this section shall contain such information as the Director prescribes, including the following information, to the extent applicable and available, with respect to a covered cybersecurity incident:

Inserted: "(i) A description of the covered cybersecurity incident, including identification of the affected information systems, networks, or devices that were, or are reasonably believed to have been, affected by such incident, and the estimated date range of such incident.

Inserted: "(ii) Where applicable, a description of the vulnerabilities exploited and the security defenses that were in place, as well as the tactics, techniques, and procedures relevant to such incident.

Inserted: "(iii) Where applicable, any identifying information related to the actor reasonably believed to be responsible for such incident.

Inserted: "(iv) Where applicable, identification of the category or categories of information that was, or is reasonably believed to have been, accessed or acquired by an unauthorized person.

Inserted: "(v) Contact information, such as telephone number or electronic mail address, that the Office may use to contact the covered entity or, where applicable, an authorized agent of such covered entity, or, where applicable, the service provider, acting with the express permission, and at the direction, of such covered entity, to assist with compliance with the requirements of this section.

Inserted: "(6) Responsibilities of covered entities.--Covered entities that experience a covered cybersecurity incident shall coordinate with the Office to the extent necessary to comply with this section, and, to the extent practicable, cooperate with the Office in a manner that supports enhancing the Agency's situational awareness of cybersecurity threats across critical infrastructure sectors.

Inserted: "(7) Harmonizing reporting requirements.--In establishing the reporting requirements and procedures under paragraph (1), the Director shall, to the maximum extent practicable--

Inserted: "(A) review existing regulatory requirements, including the information required in such reports, to report cybersecurity incidents that may apply to covered entities, and ensure that any such reporting requirements and procedures avoid conflicting, duplicative, or burdensome requirements; and

Inserted: "(B) coordinate with other regulatory authorities that receive reports relating to cybersecurity incidents to identify opportunities to streamline reporting processes, and where feasible, enter into agreements with such authorities to permit the sharing of such reports with the Office, consistent with applicable law and policy, without impacting the Office's ability to gain timely situational awareness of a covered cybersecurity incident or significant cyber incident.

Inserted: "(e) Disclosure, Retention, and Use of Incident Reports.--

Inserted: "(1) Authorized activities.--No information provided to the Office in accordance with subsections (d) or (h) may be disclosed to, retained by, or used by any Federal department or agency, or any component, officer, employee, or agent of the Federal Government, except if the Director determines such disclosure, retention, or use is necessary for--

Inserted: "(A) a cybersecurity purpose;

Inserted: "(B) the purpose of identifying--

Inserted: "(i) a cybersecurity threat, including the source of such threat; or

Inserted: "(ii) a security vulnerability;

Inserted: "(C) the purpose of responding to, or otherwise preventing, or mitigating a specific threat of--

Inserted: "(i) death;

Inserted: "(ii) serious bodily harm; or

Inserted: "(iii) serious economic harm, including a terrorist act or a use of a weapon of mass destruction;

Inserted: "(D) the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating a serious threat to a minor, including sexual exploitation or threats to physical safety; or

Inserted: "(E) the purpose of preventing, investigating, disrupting, or prosecuting an offense related to a threat--

Inserted: "(i) described in subparagraphs (B) through (D); or

Inserted: "(ii) specified in section 105(d)(5)(A)(v) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1504(d)(5)(A)(v))).

Inserted: "(2) Exceptions.--

Inserted: "(A) Rapid, confidential, bi-directional sharing of cyber threat indicators.--Upon receiving a covered cybersecurity incident report submitted pursuant to this section, the Office shall immediately review such report to determine whether the incident that is the subject of such report is connected to an ongoing cybersecurity threat or security vulnerability and where applicable, use such report to identify, develop, and rapidly disseminate to appropriate stakeholders actionable, anonymized cyber threat indicators and defensive measures.

Inserted: "(B) Principles for sharing security vulnerabilities.--With respect to information in a covered cybersecurity incident report regarding a security vulnerability referred to in paragraph (1)(B)(ii), the Director shall develop principles that govern the timing and manner in which information relating to security vulnerabilities may be shared, consistent with common industry best practices and United States and international standards.

Inserted: "(3) Privacy and civil liberties.--Information contained in reports submitted to the Office pursuant to subsections (d) and (h) shall be retained, used, and disseminated, where permissible and appropriate, by the Federal Government in a manner consistent with processes for the protection of personal information adopted pursuant to section 105 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1504)).

Inserted: "(4) Prohibition on use of information in regulatory actions.--

Inserted: "(A) In general.--Information contained in reports submitted to the Office pursuant to subsections (d) and (h) may not be used by any Federal, State, Tribal, or local government to regulate, including through an enforcement action, the lawful activities of any non-Federal entity.

Inserted: "(B) Exception.--A report submitted to the Agency pursuant to subsection (d) or (h) may, consistent with Federal or State regulatory authority specifically relating to the prevention and mitigation of cybersecurity threats to information systems, inform the development or implementation of regulations relating to such systems.

Inserted: "(f) Protections for Reporting Entities and Information.--Reports describing covered cybersecurity incidents submitted to the Office by covered entities in accordance with subsection (d), as well as voluntarily-submitted cybersecurity incident reports submitted to the Office pursuant to subsection (h), shall be--

Inserted: "(1) entitled to the protections against liability described in section 106 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1505));

Inserted: "(2) exempt from disclosure under section 552 of title 5, United States Code, as well as any provision of State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records; and

Inserted: "(3) considered the commercial, financial, and proprietary information of the covered entity when so designated by the covered entity.

Inserted: "(g) Noncompliance With Required Reporting.--

Inserted: "(1) Purpose.--In the event a covered entity experiences a cybersecurity incident but does not comply with the reporting requirements under this section, the Director may obtain information about such incident by engaging directly such covered entity in accordance with paragraph (2) to request information about such incident, or, if the Director is unable to obtain such information through such engagement, by issuing a subpoena to such covered entity, subject to paragraph (3), to gather information sufficient to determine whether such incident is a covered cybersecurity incident, and if so, whether additional action is warranted pursuant to paragraph (4).

Inserted: "(2) Initial request for information.--

Inserted: "(A) In general.--If the Director has reason to believe, whether through public reporting, intelligence gathering, or other information in the Federal Government's possession, that a covered entity has experienced a cybersecurity incident that may be a covered cybersecurity incident but did not submit pursuant to subsection (d) to the Office a covered cybersecurity incident report relating thereto, the Director may request information from such covered entity to confirm whether the cybersecurity incident at issue is a covered cybersecurity incident, and determine whether further examination into the details surrounding such incident are warranted pursuant to paragraph (4).

Inserted: "(B) Treatment.--Information provided to the Office in response to a request under subparagraph (A) shall be treated as if such information was submitted pursuant to the reporting procedures established in accordance with subsection (d).

Inserted: "(3) Authority to issue subpoenas.--

Inserted: "(A) In general.--If, after the date that is seven days from the date on which the Director made a request for information in paragraph (2), the Director has received no response from the entity from which such information was requested, or received an inadequate response, the Director may issue to such entity a subpoena to compel disclosure of information the Director considers necessary to determine whether a covered cybersecurity incident has occurred and assess potential impacts to national security, economic security, or public health and safety, determine whether further examination into the details surrounding such incident are warranted pursuant to paragraph (4), and if so, compel disclosure of such information as is necessary to carry out activities described in subsection (c).

Inserted: "(B) Civil action.--If a covered entity does not comply with a subpoena, the Director may bring a civil action in a district court of the United States to enforce such subpoena. An action under this paragraph may be brought in the judicial district in which the entity against which the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena as a contempt of court.

Inserted: "(C) Non-applicability of protections.--The protections described in subsection (f) do not apply to a covered entity that is the recipient of a subpoena under this paragraph (3).

Inserted: "(4) Additional actions.--

Inserted: "(A) Examination.--If, based on the information provided in response to a subpoena issued pursuant to paragraph (3), the Director determines that the cybersecurity incident at issue is a significant cyber incident, or is part of a group of related cybersecurity incidents that together satisfy the definition of a significant cyber incident, and a more thorough examination of the details surrounding such incident is warranted in order to carry out activities described in subsection (c), the Director may direct the Office to conduct an examination of such incident in order to enhance the Agency's situational awareness of cybersecurity threats across critical infrastructure sectors, in a manner consistent with privacy and civil liberties protections under applicable law.

Inserted: "(B) Provision of certain information to attorney general.--Notwithstanding subsection (e)(4) and paragraph (2)(B), if the Director determines, based on the information provided in response to a subpoena issued pursuant to paragraph (3) or identified in the course of an examination under subparagraph (A), that the facts relating to the cybersecurity incident at issue may constitute grounds for a regulatory enforcement action or criminal prosecution, the Director may provide such information to the Attorney General or the appropriate regulator, who may use such information for a regulatory enforcement action or criminal prosecution.

Inserted: "(h) Voluntary Reporting of Cyber Incidents.--The Agency shall receive cybersecurity incident reports submitted voluntarily by entities that are not covered entities, or concerning cybersecurity incidents that do not satisfy the definition of covered cybersecurity incidents but may nevertheless enhance the Agency's situational awareness of cybersecurity threats across critical infrastructure sectors. The protections under this section applicable to covered cybersecurity incident reports shall apply in the same manner and to the same extent to voluntarily-submitted cybersecurity incident reports under this subsection.

Inserted: "(i) Notification to Impacted Covered Entities.--If the Director receives information regarding a cybersecurity incident impacting a Federal agency relating to unauthorized access to data provided to such Federal agency by a covered entity, and with respect to which such incident is likely to undermine the security of such covered entity or cause operational or reputational damage to such covered entity, the Director shall, to the extent practicable, notify such covered entity and provide to such covered entity such information regarding such incident as is necessary to enable such covered entity to address any such security risk or operational or reputational damage arising from such incident.

Inserted: "(j) Exemption.--Subchapter I of chapter 35 of title 44, United States Code, does not apply to any action to carry out this section.

Inserted: "(k) Saving Provision.--Nothing in this section may be construed as modifying, superseding, or otherwise affecting in any manner any regulatory authority held by a Federal department or agency, including Sector Risk Management Agencies, existing on the day before the date of the enactment of this section, or any existing regulatory requirements or obligations that apply to covered entities.".

Inserted: (b) Reports.--

Inserted: (1) On stakeholder engagement.--Not later than 30 days before the date on which that the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security intends to issue an interim final rule under subsection (d)(1) of section 2220A of the Homeland Security Act of 2002 (as added by subsection (a)), the Director shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that describes how the Director engaged stakeholders in the development of such interim final rules.

Inserted: (2) On opportunities to strengthen cybersecurity research.--Not later than one year after the date of the enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report describing how the Cyber Incident Review Office of the Department of Homeland Security (established pursuant to section 2220A of the Homeland Security Act of 2002, as added by subsection (a)) has carried out activities under subsection (c)(6) of such section 2220A by proactively identifying opportunities to use cybersecurity incident data to inform and enable cybersecurity research carried out by academic institutions and other private sector organizations.

Inserted: (c) Title XXII Technical and Clerical Amendments.--

Inserted: (1) Technical amendments.--

Inserted: (A) Homeland security act of 2002.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--

Inserted: (i) in section 2202 (6 U.S.C. 652)--

Inserted: (I) in paragraph (11), by striking "and" after the semicolon;

Inserted: (II) in the first paragraph (12) (relating to appointment of a Cybersecurity State Coordinator) by striking "as described in section 2215; and" and inserting "as described in section 2217;";

Inserted: (III) by redesignating the second paragraph (12) (relating to the .gov internet domain) as paragraph (13); and

Inserted: (IV) by redesignating the third paragraph (12) (relating to carrying out such other duties and responsibilities) as paragraph (14);

Inserted: (ii) in the first section 2215 (6 U.S.C. 665; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.";

Inserted: (iii) in the second section 2215 (6 U.S.C. 665b; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2216. JOINT CYBER PLANNING OFFICE.";

Inserted: (iv) in the third section 2215 (6 U.S.C. 665c; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2217. CYBERSECURITY STATE COORDINATOR.";

Inserted: (v) in the fourth section 2215 (6 U.S.C. 665d; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.";

Inserted: (vi) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE."; AND

Inserted: (vii) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows:

Inserted: "SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.".

Inserted: (B) Consolidated appropriations act, 2021.--Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended, in the matter preceding subparagraph (A), by inserting "of 2002" after "Homeland Security Act".

Inserted: (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to sections 2214 through 2217 and inserting the following new items:

Inserted: "Sec. 2214. National Asset Database.

Inserted: "Sec. 2215. Duties and authorities relating to .gov internet domain.

Inserted: "Sec. 2216. Joint cyber planning office.

Inserted: "Sec. 2217. Cybersecurity State Coordinator.

Inserted: "Sec. 2218. Sector Risk Management Agencies.

Inserted: "Sec. 2219. Cybersecurity Advisory Committee.

Inserted: "Sec. 2220. Cybersecurity Education and Training Programs.

Inserted: "Sec. 2220A. Cyber Incident Review Office.".

Inserted: amendment no. 109 offered by mr. cleaver of missouri In title LI of division E, after section 5105, insert the following:

Inserted: SEC. 5106. AML EXAMINATION AUTHORITY DELEGATION STUDY.

Inserted: (a) Study.--The Secretary of the Treasury shall carry out a study, in consultation with State bank supervisors (as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), and other relevant stakeholders, on the Secretary's delegation of examination authority under the Bank Secrecy Act, including--

Inserted: (1) an evaluation of the efficacy of the delegation, especially with respect to the mission of the Bank Secrecy Act;

Inserted: (2) whether the delegated agencies have appropriate resources to perform their delegated responsibilities; and

Inserted: (3) whether the examiners in delegated agencies have sufficient training and support to perform their responsibilities.

Inserted: (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing--

Inserted: (1) all findings and determinations made in carrying out the study required under subsection (a); and

Inserted: (2) recommendations to improve the efficacy of delegation authority, including the potential for de-delegation of any or all such authority where it may be appropriate.

Inserted: (c) Bank Secrecy Act Defined.--The term "Bank Secrecy Act" has the meaning given that term under section 5312 of title 31, United States Code.

Inserted: amendment no. 110 offered by mr. cohen of tennessee

Inserted: (B) supporting and strengthening INTERPOL's coordination with the Commission for Control of INTERPOL's Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts;

Inserted: (C) increasing, to the extent practicable, dedicated funding to the CCF and the Notices and Diffusions Task Force in order to further expand operations related to the review of requests for red notices and red diffusions;

Inserted: (D) supporting candidates for positions within INTERPOL's structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law;

Inserted: (E) seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of--

Inserted: (i) the number of Notice requests, disaggregated by color, that it received;

Inserted: (ii) the number of Notice requests, disaggregated by color, that it rejected;

Inserted: (iii) the category of violation identified in each instance of a rejected Notice;

Inserted: (iv) the number of Diffusions that it cancelled without reference to decisions by the CCF; and

Inserted: (v) the sources of all INTERPOL income during the reporting period; and

Inserted: (F) supporting greater transparency by the CCF in its annual report by providing a detailed account, disaggregated by country, of--

Inserted: (i) the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications; and

Inserted: (ii) the category of violation alleged in each such complaint;

Inserted: (2) inform the INTERPOL General Secretariat about incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken by INTERPOL; and

Inserted: (3) request to censure member countries that repeatedly abuse and misuse INTERPOL's red notice and red diffusion mechanisms, including restricting the access of those countries to INTERPOL's data and information systems.

Inserted: (d) Report on Interpol.--

Inserted: (1) In general.--Not later than 180 days after the date of enactment of this Act, and biannually thereafter for a period of 4 years, the Attorney General and the Secretary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years.

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

Inserted: (A) A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes.

Inserted: (B) A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited.

Inserted: (C) An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL's Files (CCF), an assessment of the CCF's March 2017 Operating Rules, and any shortcoming the United States believes should be addressed.

Inserted: (D) A description of how INTERPOL's General Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL's rules and how INTERPOL reviews and addresses cases in which a member country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes.

Inserted: (E) A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents.

Inserted: (F) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.

Inserted: (G) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity.

Inserted: (H) A description of United States advocacy for reform and good governance within INTERPOL.

Inserted: (I) A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.

Inserted: (3) Form of report.--Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice.

Inserted: (4) Briefing.--Not later than 30 days after the submission of each report under paragraph (1), the Department of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL.

Inserted: (e) Prohibition Regarding Basis for Extradition.--No United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual.

Inserted: (f) Definitions.--In this section:

Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--

Inserted: (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and

Inserted: (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.

Inserted: (2) Interpol communications.--The term "INTERPOL communications" means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL.

Inserted: (g) Interpol Red Notices.--Chapter 53 of title 31, United States Code, is amended by adding at the end the following:

Inserted: "SEC. 5337 INTERPOL RED NOTICES.

Inserted: "(b) Termination.--A financial institution may not terminate any service such financial institution offers to a person with respect to whom the International Criminal Police Organization has issued a Red Notice solely on the basis of the issuance of such Red Notice.

Inserted: "(c) Exclusion.--A financial institution may not exclude from any service offered by such financial institution a person with respect to whom the International Criminal Police Organization issued a Red Notice solely on the basis of the issuance of such Red Notice.".

Inserted: SEC. ___. COMBATING GLOBAL CORRUPTION.

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

Inserted: (1) Corrupt actor.--The term "corrupt actor" means--

Inserted: (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and

Inserted: (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.

Inserted: (2) Corruption.--The term "corruption" means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

Inserted: (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:

Inserted: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance.

Inserted: (B) Involves economically or socially large-scale government activities.

Inserted: (b) Publication of Tiered Ranking List.--

Inserted: (1) In general.--The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries.

Inserted: (2) Tier 1 countries.--A country shall be ranked as a tier 1 country in the ranking published under paragraph (1) if the government of such country is complying with the minimum standards set forth in section 4.

Inserted: (3) Tier 2 countries.--A country shall be ranked as a tier 2 country in the ranking published under paragraph (1) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country.

Inserted: (4) Tier 3 countries.--A country shall be ranked as a tier 3 country in the ranking published under paragraph (1) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in subsection (c).

Inserted: (c) Minimum Standards for the Elimination of Corruption and Assessment of Efforts to Combat Corruption.--

Inserted: (1) In general.--The government of a country is complying with the minimum standards for the elimination of corruption if the government--

Inserted: (A) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption;

Inserted: (B) enforces the laws described in subparagraph (A) by punishing any person who is found, through a fair judicial process, to have violated such laws;

Inserted: (C) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and

Inserted: (D) is making serious and sustained efforts to address corruption, including through prevention.

Inserted: (2) Factors for assessing government efforts to combat corruption.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as--

Inserted: (A) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts;

Inserted: (B) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption;

Inserted: (C) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption;

Inserted: (D) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or

Inserted: condoning corruption, including the investigation, prosecution, and conviction of such officials;

Inserted: (E) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring;

Inserted: (F) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect);

Inserted: (G) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors;

Inserted: (H) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others;

Inserted: (I) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons;

Inserted: (J) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption;

Inserted: (K) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements;

Inserted: (L) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and

Inserted: (M) such other information relating to corruption as the Secretary of State considers appropriate.

Inserted: (3) Assessing government efforts to combat corruption in relation to relevant international commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant:

Inserted: (A) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996.

Inserted: (B) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the "Anti-Bribery Convention").

Inserted: (C) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000.

Inserted: (D) The United Nations Convention against Corruption, done at New York October 31, 2003.

Inserted: (E) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate.

Inserted: (d) Imposition of Sanctions Under Global Magnitsky Human Rights Accountability Act.--

Inserted: (1) In general.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)--

Inserted: (A) in all countries identified as tier 3 countries under subsection (b); or

Inserted: (B) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline.

Inserted: (2) Report required.--Not later than 180 days after publishing the list required by subsection (b)(1) and annually thereafter, the Secretary of State shall submit to the committees specified in paragraph (6) a report that includes--

Inserted: (A) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under paragraph (1);

Inserted: (B) the dates on which such sanctions were imposed;

Inserted: (C) the reasons for imposing such sanctions; and

Inserted: (D) a list of all foreign persons found to have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline.

Inserted: (3) Form of report.--Each report required by paragraph (2) shall be submitted in unclassified form but may include a classified annex.

Inserted: (4) Briefing in lieu of report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by paragraph (2)(D)) provide a briefing to the committees specified in paragraph (6) instead of submitting a written report required under paragraph (2), if doing so would better serve existing United States anti-corruption efforts or the national interests of the United States.

Inserted: (5) Termination of requirements relating to nord stream 2.--The requirements under paragraphs (1)(B) and (2)(D) shall terminate on the date that is 5 years after the date of the enactment of this Act.

Inserted: (6) Committees specified.--The committees specified in this subsection are--

Inserted: (A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and

Inserted: (B) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.

Inserted: (e) Designation of Embassy Anti-corruption Points of Contact.--

Inserted: (1) In general.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, 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.

Inserted: (2) Responsibilities.--Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to--

Inserted: (A) promote good governance in foreign countries; and

Inserted: (B) enhance the ability of such countries--

Inserted: (i) to combat public corruption; and

Inserted: (ii) to develop and implement corruption risk assessment tools and mitigation strategies.

Inserted: (3) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under paragraph (1).

Inserted: amendment no. 111 offered by mr. cohen of tennessee

Inserted: (B) the defense of United States military or diplomatic personnel or United States facilities located in Saudi Arabia.

Inserted: (4) Waiver.--

Inserted: (A) In general.--The President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains--

Inserted: (i) a determination of the President that such a waiver is in the vital national security interests of the United States; and

Inserted: (ii) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met.

Inserted: (B) Form.--The report required by this paragraph shall be submitted in unclassified form, but may contain a classified annex.

Inserted: (5) Sunset.--This subsection shall terminate on the date that is 3 years after the date of the enactment of this Act.

Inserted: (6) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--

Inserted: (A) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Armed Services of the House of Representatives; and

Inserted: (B) the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Armed Services of the Senate.

Inserted: (b) Report on Consistent Pattern of Acts of Intimidation or Harassment Directed Against Individuals in the United States.--

Inserted: (1) Findings.--Congress finds the following:

Inserted: (A) Section 6 of the Arms Export Control Act (22 U.S.C. 2756) states that "no transfers or letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued under this Act with respect to any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States".

Inserted: (B) Section 6 of the Arms Export Control Act further requires the President to report any such determination promptly to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate.

Inserted: (2) Report.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on--

Inserted: (A) whether any official of the Government of Saudi Arabia engaged in a consistent pattern of acts of intimidation or harassment directed against Jamal Khashoggi or any individual in the United States; and

Inserted: (B) whether any United States-origin defense articles were used in the activities described in subparagraph (A).

Inserted: (3) Form.--The report required by paragraph (2) shall be submitted in unclassified form but may contain a classified annex.

Inserted: (4) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--

Inserted: (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

Inserted: (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

Inserted: (c) Report and Certification With Respect to Saudi Diplomats and Diplomatic Facilities in the United States.--

Inserted: (1) Report.--Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report covering the three-year period preceding such date of enactment regarding whether and to what extent covered persons used diplomatic credentials, visas, or covered facilities to facilitate monitoring, tracking, surveillance, or harassment of, or harm to, other nationals of Saudi Arabia living in the United States.

Inserted: (2) Certification.--

Inserted: (A) In general.--Not later than 120 days after the date of the enactment of this Act, and each 120-day period thereafter, the President shall, if the President determines that such is the case, submit to the appropriate congressional committees a certification that the United States Government has not determined covered persons to be using diplomatic credentials, visas, or covered facilities to facilitate serious harassment of, or harm to, other nationals of Saudi Arabia living in the United States during the time period covered by each such certification.

Inserted: (B) Failure to submit certification.--If the President does not submit a certification under subparagraph (A), the President shall--

Inserted: (i) close one or more covered facilities for such period of time until the President does submit such a certification; and

Inserted: (ii) submit to the appropriate congressional committee a report that contains--

Inserted: (I) a detailed explanation of why the President is unable to make such a certification;

Inserted: (II) a list and summary of engagements of the United States Government with the Government of Saudi Arabia regarding the use of diplomatic credentials, visas, or covered facilities described in subparagraph (A); and

Inserted: (III) a description of actions the United States Government has taken or intends to take in response to the use of diplomatic credentials, visas, or covered facilities described in subparagraph (A).

Inserted: (3) Form.--The report required by paragraph (1) and the certification and report required by paragraph (2) shall be submitted in unclassified form but may contain a classified annex.

Inserted: (4) Waiver.--

Inserted: (A) In general.--The President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains--

Inserted: (i) a determination of the President that such a waiver is in the vital national security interests of the United States; and

Inserted: (ii) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met.

Inserted: (B) Form.--The report required by this paragraph shall be submitted in unclassified form, but may contain a classified annex.

Inserted: (5) Sunset.--This subsection shall terminate on the date that is 3 years after the date of the enactment of this Act.

Inserted: (6) Definitions.--In this subsection:

Inserted: (A) Appropriate congressional committees.--The term "appropriate congressional committees" means--

Inserted: (i) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

Inserted: (ii) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

Inserted: (B) Covered facility.--The term "covered facility" means a diplomatic or consular facility of Saudi Arabia in the United States.

Inserted: (C) Covered person.--The term "covered person" means a national of Saudi Arabia credentialed to a covered facility.

Inserted: (d) Report on the Duty to Warn Obligation of the Government of the United States.--

Inserted: (1) Findings.--Congress finds that Intelligence Community Directive 191 provides that--

Inserted: (A) when an element of the intelligence community of the United States collects or acquires credible and specific information indicating an impending threat of intentional killing, serious bodily injury, or kidnapping directed at a person, the agency must "warn the intended victim or those responsible for protecting the intended victim, as appropriate" unless an applicable waiver of the duty is granted by the appropriate official within the element; and

Inserted: (B) when issues arise with respect to whether the threat information rises to the threshold of "duty to warn", the directive calls for resolution in favor of warning the intended victim.

Inserted: (2) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of other relevant United States intelligence agencies, shall submit to the appropriate congressional committees a report with respect to--

Inserted: (A) whether and how the intelligence community fulfilled its duty to warn Jamal Khashoggi of threats to his life and liberty pursuant to Intelligence Community Directive 191; and

Inserted: (B) in the case of the intelligence community not fulfilling its duty to warn as described in paragraph (1), why the intelligence community did not fulfill this duty.

Inserted: (3) Form.--The report required by paragraph (2) shall be submitted in unclassified form but may contain a classified annex.

Inserted: (4) Definitions.--In this subsection:

Inserted: (A) Appropriate congressional committees.--The term "appropriate congressional committees" means--

Inserted: (i) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

Inserted: (ii) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

Inserted: (B) Duty to warn.--The term "duty to warn" has the meaning given that term in Intelligence Community Directive 191, as in effect on July 21, 2015.

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

Inserted: (D) Relevant united states intelligence agency.--The term "relevant United States intelligence agency" means any element of the intelligence community that may have possessed intelligence reporting regarding threats to Jamal Khashoggi.

Inserted: amendment No. 114 offered by Mr. Connolly of virginia

Inserted: (III) The external evaluations of United States and partner country capabilities to address infectious disease threats, including the ability to achieve the targets outlined within the WHO Joint External Evaluation tool, as well as gaps identified by such external evaluations.

Inserted: (4) Participation.--The Council shall be headed by the Assistant to the President for National Security Affairs, in coordination with the heads of relevant Federal agencies. The Council shall consist of representatives from the following agencies:

Inserted: (A) The Department of State.

Inserted: (B) The Department of Defense.

Inserted: (C) The Department of Justice.

Inserted: (D) The Department of Agriculture.

Inserted: (E) The Department of Health and Human Services.

Inserted: (F) The Department of the Treasury.

Inserted: (G) The Department of Labor.

Inserted: (H) The Department of Homeland Security.

Inserted: (I) The Office of Management and Budget.

Inserted: (J) The Office of the Director of National Intelligence.

Inserted: (K) The United States Agency for International Development.

Inserted: (L) The Environmental Protection Agency.

Inserted: (M) The Centers for Disease Control and Prevention.

Inserted: (N) The Office of Science and Technology Policy.

Inserted: (O) The National Institutes of Health.

Inserted: (P) The National Institute of Allergy and Infectious Diseases.

Inserted: (Q) Such other agencies as the Council determines to be appropriate.

Inserted: (5) Specific roles and responsibilities.--

Inserted: (A) In general.--The heads of agencies described in paragraph (4) shall--

Inserted: (i) make the GHSA and its implementation and global pandemic preparedness a high priority within their respective agencies, and include GHSA- and global pandemic preparedness-related activities within their respective agencies' strategic planning and budget processes;

Inserted: (ii) designate a senior-level official to be responsible for the implementation of this Act;

Inserted: (iii) designate, in accordance with paragraph (4), an appropriate representative at the Assistant Secretary level or higher to participate on the Council;

Inserted: (iv) keep the Council apprised of GHSA-related activities undertaken within their respective agencies;

Inserted: (v) maintain responsibility for agency-related programmatic functions in coordination with host governments, country teams, and GHSA in-country teams, and in conjunction with other relevant agencies;

Inserted: (vi) coordinate with other agencies that are identified in this section to satisfy programmatic goals, and further facilitate coordination of country teams, implementers, and donors in host countries; and

Inserted: (vii) coordinate across national health security action plans and with GHSA and other partners, as appropriate, to which the United States is providing assistance.

Inserted: (B) Additional roles and responsibilities.--In addition to the roles and responsibilities described in subparagraph (A), the heads of agencies described in paragraph (4) shall carry out their respective roles and responsibilities described in subsections (b) through (i) of section 3 of Executive Order 13747 (81 Fed. Reg. 78701; relating to Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats), as in effect on the day before the date of the enactment of this Act.

Inserted: (b) United States Coordinator for Global Health Security.--

Inserted: (1) In general.--The President shall appoint an individual to the position of United States Coordinator for Global Health Security, who shall be responsible for the coordination of the interagency process for responding to global health security emergencies. As appropriate, the designee shall coordinate with the President's Special Coordinator for International Disaster Assistance.

Inserted: (2) Congressional briefing.--Not less frequently than twice each year, the employee designated under this section shall provide to the appropriate congressional committees a briefing on the responsibilities and activities of the individual under this section.

Inserted: (c) Strategy and Reports.--

Inserted: (1) Statement of policy.--It is the policy of the United States to--

Inserted: (A) promote and invest in global health security and pandemic preparedness as a core national security interest;

Inserted: (B) advance the aims of the Global Health Security Agenda;

Inserted: (C) collaborate with other countries to detect and mitigate outbreaks early to prevent the spread of disease;

Inserted: (D) encourage and support other countries to advance pandemic preparedness by investing in basic resilient and sustainable health care systems; and

Inserted: (E) strengthen global health security across the intersection of human and animal health to prepare for and prevent infectious disease outbreaks and combat the growing threat of antimicrobial resistance.

Inserted: (2) Strategy.--The President shall coordinate the development and implementation of a strategy to implement the policy aims described in paragraph (1), which shall--

Inserted: (A) seek to strengthen United States diplomatic leadership and improve the effectiveness of United States foreign assistance for global health security to prevent, detect, and respond to infectious disease threats, including through advancement of the Global Health Security Agenda (GHSA), the International Health Regulations (2005), and other relevant frameworks that contribute to global health security and pandemic preparedness;

Inserted: (B) establish specific and measurable goals, benchmarks, timetables, performance metrics, and monitoring and evaluation plans for United States foreign assistance for global health security that promote learning and reflect international best practices relating to global health security, transparency, and accountability;

Inserted: (C) establish mechanisms to improve coordination and avoid duplication of effort between the United States Government and partner countries, donor countries, the private sector, multilateral organizations, and other key stakeholders;

Inserted: (D) prioritize working with partner countries with demonstrated--

Inserted: (i) need, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, national action plans for health security, GHSA Action Packages, and other complementary or successor indicators of global health security and pandemic preparedness; and

Inserted: (ii) commitment to transparency, including budget and global health data transparency, complying with the International Health Regulations (2005), investing in domestic health systems, and achieving measurable results;

Inserted: (E) reduce long-term reliance upon United States foreign assistance for global health security by promoting partner country ownership, improved domestic resource mobilization, co-financing, and appropriate national budget allocations for global health security and pandemic preparedness and response;

Inserted: (F) assist partner countries in building the technical capacity of relevant ministries, systems, and networks to prepare, execute, monitor, and evaluate effective national action plans for health security, including mechanisms to enhance budget and global health data transparency, as necessary and appropriate;

Inserted: (G) support and be aligned with country-owned global health security policy and investment plans developed with input from key stakeholders, as appropriate;

Inserted: (H) facilitate communication and collaboration, as appropriate, among local stakeholders in support of a multi-sectoral approach to global health security;

Inserted: (I) support the long-term success of programs by building the capacity of local organizations and institutions in target countries and communities;

Inserted: (J) develop community resilience to infectious disease threats and emergencies;

Inserted: (K) support global health budget and workforce planning in partner countries, including training in financial management and budget and global health data transparency;

Inserted: (L) align United States foreign assistance for global health security with national action plans for health security in partner countries, developed with input from key stakeholders, including the private sector, to the greatest extent practicable and appropriate;

Inserted: (M) strengthen linkages between complementary bilateral and multilateral foreign assistance programs, including efforts of the World Bank, the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and Gavi, the Vaccine Alliance, that contribute to the development of more resilient health systems and supply chains in partner countries with the capacity, resources, and personnel required to prevent, detect, and respond to infectious disease threats;

Inserted: (N) support innovation and public-private partnerships to improve pandemic preparedness and response, including for the development and deployment of effective, accessible, and affordable infectious disease tracking tools, diagnostics, therapeutics, and vaccines;

Inserted: (O) support collaboration with and among relevant public and private research entities engaged in global health security; and

Inserted: (P) support collaboration between United States universities and public and private institutions in partner countries that promote global health security and innovation.

Inserted: (3) Strategy submission.--

Inserted: (A) In general.--Not later than 180 days after the date of the enactment of this Act, the President, in consultation with the head of each relevant Federal department and agency, shall submit to the appropriate congressional committees the strategy required under paragraph (2) that provides a detailed description of how the United States intends to advance the policy set forth in paragraph (1) and the agency-specific plans described in subparagraph (B).

Inserted: (B) Agency-specific plans.--The strategy required under subsection (a) shall include specific implementation plans from each relevant Federal department and agency that describe--

Inserted: (i) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and

Inserted: (ii) the efforts of the department or agency to ensure that the activities and programs carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability.

Inserted: (4) Report.--

Inserted: (A) In general.--Not later than 1 year after the date on which the strategy required under paragraph (2) is submitted to the appropriate congressional committees under paragraph (3), and not later than October 1 of each year thereafter, the President shall submit to the appropriate congressional committees a report that describes the status of the implementation of the strategy.

Inserted: (B) Contents.--The report required under subparagraph (A) shall--

Inserted: (i) identify any substantial changes made in the strategy during the preceding calendar year;

Inserted: (ii) describe the progress made in implementing the strategy;

Inserted: (iii) identify the indicators used to establish benchmarks and measure results over time, as well as the mechanisms for reporting such results in an open and transparent manner;

Inserted: (iv) contain a transparent, open, and detailed accounting of expenditures by relevant Federal departments and agencies to implement the strategy, including, to the extent practicable, for each Federal department and agency, the statutory source of expenditures, amounts expended, partners, targeted populations, and types of activities supported;

Inserted: (v) describe how the strategy leverages other United States global health and development assistance programs and bilateral and multilateral institutions;

Inserted: (vi) assess efforts to coordinate United States global health security programs, activities, and initiatives with key stakeholders;

Inserted: (vii) incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned with a wide range of stakeholders, including key stakeholders, in an open, transparent manner; and

Inserted: (viii) describe the progress achieved and challenges concerning the United States Government's ability to advance GHSA and pandemic preparedness, including data disaggregated by priority country using indicators that are consistent on a year-to-year basis and recommendations to resolve, mitigate, or otherwise address the challenges identified therein.

Inserted: (5) Form.--The strategy required under paragraph (2) and the report required under paragraph (4) shall be submitted in unclassified form but may contain a classified annex.

Inserted: (d) Establishment of Fund for Global Health Security and Pandemic Preparedness.--

Inserted: (1) Negotiations for establishment of a fund for global health security and pandemic preparedness.--The Secretary of State, in coordination with the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Secretary of Health and Human Services, and the heads of other relevant Federal departments and agencies as necessary and appropriate, should seek to enter into negotiations with donors, relevant United Nations agencies, including the World Health Organization, and other key multilateral stakeholders, for the establishment of--

Inserted: (A) a multilateral, catalytic financing mechanism for global health security and pandemic preparedness, which may be known as the Fund for Global Health Security and Pandemic Preparedness (in this title referred to as "the Fund"), in accordance with the provisions of this section; and

Inserted: (B) an Advisory Board to the Fund in accordance with subsection (g).

Inserted: (2) Purpose.--The purpose of the Fund should be to close critical gaps in global health security and pandemic preparedness and build capacity in eligible partner countries in the areas of global health security, infectious disease control, and pandemic preparedness, such that it--

Inserted: (A) prioritizes capacity building and financing availability in eligible partner countries;

Inserted: (B) incentivizes countries to prioritize the use of domestic resources for global health security and pandemic preparedness;

Inserted: (C) leverages government, nongovernment, and private sector investments;

Inserted: (D) regularly responds to and evaluates progress based on clear metrics and benchmarks, such as the Joint External Evaluation and Global Health Security Index;

Inserted: (E) aligns with and complements ongoing bilateral and multilateral efforts and financing, including through the World Bank, the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and Gavi, the Vaccine Alliance; and

Inserted: (F) accelerates country compliance with the International Health Regulations (2005) and fulfillment of the Global Health Security Agenda 2024 Framework, in coordination with the ongoing Joint External Evaluation national action planning process.

Inserted: (3) Executive board.--

Inserted: (A) In general.--The Fund should be governed by an Executive Board, which should be composed of not more than 20 representatives of donor governments, foundations, academic institutions, civil society, and the private sector that meet a minimum threshold in annual contributions and agree to uphold transparency measures.

Inserted: (B) Duties.--The Executive Board should be charged with approving strategies, operations, and grant-making authorities, such that it is able to conduct effective fiduciary, monitoring, and evaluation efforts, and other oversight functions. In addition, the Executive Board should--

Inserted: (i) be comprised only of contributors to the Fund at not less than the minimum threshold to be established pursuant to subparagraph (A);

Inserted: (ii) determine operational procedures such that the Fund is able to effectively fulfill its mission; and

Inserted: (iii) provide oversight and accountability for the Fund in collaboration with the Inspector General to be established pursuant to subsection (f)(5)(A).

Inserted: (C) Composition.--The Executive Board should include--

Inserted: (i) representatives of the governments of founding permanent member countries who, in addition to the requirements in subparagraph (A), qualify based upon meeting an established initial contribution threshold, which should be not less than 10 percent of total initial contributions, and a demonstrated commitment to supporting the International Health Regulations (2005);

Inserted: (ii) term members, who are from academic institutions, civil society, and the private sector and are selected by the permanent members on the basis of their experience and commitment to innovation, best practices, and the advancement of global health security objectives; and

Inserted: (iii) representatives of the World Health Organization, and the chair of the Global Health Security Steering Group.

Inserted: (D) Qualifications.--Individuals appointed to the Executive Board should have demonstrated knowledge and experience across a variety of sectors, including human and animal health, agriculture, development, defense, finance, research, and academia.

Inserted: (E) Conflicts of interest.--

Inserted: (i) Technical experts.--The Executive Board may include independent technical experts, provided they are not affiliated with or employed by a recipient country or organization.

Inserted: (ii) Multilateral bodies and institutions.--Executive Board members appointed under subparagraph (C)(iii) should recuse themselves from matters presenting conflicts of interest, including financing decisions relating to such bodies and institutions.

Inserted: (F) United states representation.--

Inserted: (i) In general.--

Inserted: (I) Founding permanent member.--The Secretary of State shall seek to establish the United States as a founding permanent member of the Fund.

Inserted: (II) United states representation.--The United States shall be represented on the Executive Board by an officer or employee of the United States appointed by the President.

Inserted: (ii) Effective and termination dates.--

Inserted: (I) Effective date.--This paragraph shall take effect upon the date the Secretary of State certifies and transmits to Congress an agreement establishing the Fund.

Inserted: (II) Termination date.--The membership established pursuant to clause (i) shall terminate upon the date of termination of the Fund.

Inserted: (G) Removal procedures.--The Fund should establish procedures for the removal of members of the Executive Board who engage in a consistent pattern of human rights abuses, fail to uphold global health data transparency requirements, or otherwise violate the established standards of the Fund, including in relation to corruption.

Inserted: (H) Enforceability.--Any agreement concluded under the authorities provided by this section shall be legally effective and binding upon the United States, as may be provided in the agreement, upon--

Inserted: (i) the enactment of appropriate implementing legislation which provides for the approval of the specific agreement or agreements, including attachments, annexes, and supporting documentation, as appropriate; or

Inserted: (ii) if concluded and submitted as a treaty, receiving the necessary consent of the Senate.

Inserted: (I) Eligible partner country defined.--In this section, the term "eligible partner country" means a country with demonstrated--

Inserted: (i) need, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, national action plans for health security, and other complementary or successor indicators of global health security and pandemic preparedness; and

Inserted: (ii) commitment to transparency, including budget and global health data transparency, complying with the International Health Regulations (2005), investing in domestic health systems, and achieving measurable results, and in which the Fund for Global Health Security and Pandemic Preparedness established under this section may finance global health security and pandemic preparedness assistance programs under this Act.

Inserted: (e) Fund Authorities.--

Inserted: (1) Program objectives.--

Inserted: (A) In general.--In carrying out the purpose set forth in subsection (d), the Fund, acting through the Executive Board, should provide grants, including challenge grants, technical assistance, concessional lending, catalytic investment funds, and other innovative funding mechanisms, as appropriate, to--

Inserted: (i) help eligible partner countries close critical gaps in health security, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, and national action plans for health security and other complementary or successor indicators of global health security and pandemic preparedness; and

Inserted: (ii) support measures that enable such countries, at both national and sub-national levels, and in partnership with civil society and the private sector, to strengthen and sustain resilient health systems and supply chains with the resources, capacity, and personnel required to prevent, detect, mitigate, and respond to infectious disease threats before they become pandemics.

Inserted: (B) Activities supported.--The activities to be supported by the Fund should include efforts to--

Inserted: (i) enable eligible partner countries to formulate and implement national health security and pandemic preparedness action plans, advance action packages under the Global Health Security Agenda, and adopt and uphold commitments under the International Health Regulations (2005) and other related international health agreements, as appropriate;

Inserted: (ii) support global health security budget planning in eligible partner countries, including training in financial management and budget and global health data transparency;

Inserted: (iii) strengthen the health security workforce, including hiring, training, and deploying experts to improve frontline preparedness for emerging epidemic and pandemic threats;

Inserted: (iv) improve infection control and the protection of healthcare workers within healthcare settings;

Inserted: (v) combat the threat of antimicrobial resistance;

Inserted: (vi) strengthen laboratory capacity and promote biosafety and biosecurity through the provision of material and technical assistance;

Inserted: (vii) reduce the risk of bioterrorism, zoonotic disease spillover, and accidental biological release;

Inserted: (viii) build technical capacity to manage global health security related supply chains, including for personal protective equipment, oxygen, testing reagents, and other lifesaving supplies, through effective forecasting, procurement, warehousing, and delivery from central warehouses to points of service in both the public and private sectors;

Inserted: (ix) enable bilateral, regional, and international partnerships and cooperation, including through pandemic early warning systems and emergency operations centers, to identify and address transnational infectious disease threats exacerbated by natural and man-made disasters, human displacement, and zoonotic infection;

Inserted: (x) establish partnerships for the sharing of best practices and enabling eligible countries to meet targets and indicators under the Joint External Evaluation process, the Global Health Security Index classification of health systems, and national action plans for health security relating to the detection, treatment, and prevention of neglected tropical diseases;

Inserted: (xi) build the technical capacity of eligible partner countries to prepare for and respond to second order development impacts of infectious disease outbreaks, while accounting for the differentiated needs and vulnerabilities of marginalized populations;

Inserted: (xii) develop and utilize metrics to monitor and evaluate programmatic performance and identify best practices, including in accordance with Joint External Evaluation benchmarks, Global Health Security Agenda targets, and Global Health Security Index indicators;

Inserted: (xiii) develop and deploy mechanisms to enhance the transparency and accountability of global health security and pandemic preparedness programs and data, in compliance with the International Health Regulations (2005), including through the sharing of trends, risks, and lessons learned; and

Inserted: (xiv) develop and implement simulation exercises, produce and release after action reports, and address related gaps.

Inserted: (C) Implementation of program objectives.--In carrying out the objectives of this paragraph, the Fund should work to eliminate duplication and waste by upholding strict transparency and accountability standards and coordinating its programs and activities with key partners working to advance global health security and pandemic preparedness, including--

Inserted: (i) governments, civil society, faith-based, and nongovernmental organizations, research and academic institutions, and private sector entities in eligible partner countries;

Inserted: (ii) the pandemic early warning systems and emergency operations centers to be established under subparagraph (B)(ix);

Inserted: (iii) the World Health Organization;

Inserted: (iv) the Global Health Security Agenda;

Inserted: (v) the Global Health Security Initiative;

Inserted: (vi) the Global Fund to Fight AIDS, Tuberculosis, and Malaria;

Inserted: (vii) the United Nations Office for the Coordination of Humanitarian Affairs, UNICEF, and other relevant funds, programs, and specialized agencies of the United Nations;

Inserted: (viii) Gavi, the Vaccine Alliance;

Inserted: (ix) the Coalition for Epidemic Preparedness Innovations;

Inserted: (x) the Global Polio Eradication Initiative; and

Inserted: (xi) the United States Coordinator for Global Health Security and Diplomacy established under subsection (b).

Inserted: (2) Priority.--In providing assistance under this section, the Fund should give priority to low-and lower-middle income countries with--

Inserted: (A) low scores on the Global Health Security Index classification of health systems;

Inserted: (B) measurable gaps in global health security and pandemic preparedness identified under Joint External Evaluations and national action plans for health security;

Inserted: (C) demonstrated political and financial commitment to pandemic preparedness; and

Inserted: (D) demonstrated commitment to upholding global health budget and data transparency and accountability standards, complying with the International Health Regulations (2005), investing in domestic health systems, and achieving measurable results.

Inserted: (3) Eligible grant recipients.--Governments and nongovernmental organizations should be eligible to receive grants as described in this section.

Inserted: (f) Fund Administration.--

Inserted: (1) Appointment of an administrator.--The Executive Board of the Fund should appoint an Administrator who should be responsible for managing the day-to-day operations of the Fund.

Inserted: (2) Authority to solicit and accept contributions.--The Fund should be authorized to solicit and accept contributions from governments, the private sector, foundations, individuals, and nongovernmental entities of all kinds.

Inserted: (3) Accountability of funds and criteria for programs.--As part of the negotiations described in subsection (d)(1), the Secretary of the State, shall, consistent with paragraph (4)--

Inserted: (A) take such actions as are necessary to ensure that the Fund will have in effect adequate procedures and standards to account for and monitor the use of funds contributed to the Fund, including the cost of administering the Fund; and

Inserted: (B) seek agreement on the criteria that should be used to determine the programs and activities that should be assisted by the Fund.

Inserted: (4) Selection of partner countries, projects, and recipients.--The Executive Board should establish--

Inserted: (A) eligible partner country selection criteria, to include transparent metrics to measure and assess global health security and pandemic preparedness strengths and vulnerabilities in countries seeking assistance;

Inserted: (B) minimum standards for ensuring eligible partner country ownership and commitment to long-term results, including requirements for domestic budgeting, resource mobilization, and co-investment;

Inserted: (C) criteria for the selection of projects to receive support from the Fund;

Inserted: (D) standards and criteria regarding qualifications of recipients of such support;

Inserted: (E) such rules and procedures as may be necessary for cost-effective management of the Fund; and

Inserted: (F) such rules and procedures as may be necessary to ensure transparency and accountability in the grant-making process.

Inserted: (5) Additional transparency and accountability requirements.--

Inserted: (A) Inspector general.--

Inserted: (i) In general.--The Secretary of State shall seek to ensure that the Fund maintains an independent Office of the Inspector General and ensure that the office has the requisite resources and capacity to regularly conduct and publish, on a publicly accessible website, rigorous financial, programmatic, and reporting audits and investigations of the Fund and its grantees.

Inserted: (ii) Sense of congress on corruption.--It is the sense of Congress that--

Inserted: (I) corruption within global health programs contribute directly to the loss of human life and cannot be tolerated; and

Inserted: (II) in making financial recoveries relating to a corrupt act or criminal conduct under a grant, as determined by the Inspector General, the responsible grant recipient should be assessed at a recovery rate of up to 150 percent of such loss.

Inserted: (B) Administrative expenses.--The Secretary of State shall seek to ensure the Fund establishes, maintains, and makes publicly available a system to track the administrative and management costs of the Fund on a quarterly basis.

Inserted: (C) Financial tracking systems.--The Secretary of State shall ensure that the Fund establishes, maintains, and makes publicly available a system to track the amount of funds disbursed to each grant recipient and sub-recipient during a grant's fiscal cycle.

Inserted: (g) Fund Advisory Board.--

Inserted: (1) In general.--There should be an Advisory Board to the Fund.

Inserted: (2) Appointments.--The members of the Advisory Board should be composed of--

Inserted: (A) individuals with experience and leadership in the fields of development, global health, epidemiology, medicine, biomedical research, and social sciences; and

Inserted: (B) representatives of relevant United Nations agencies, including the World Health Organization, and nongovernmental organizations with on-the-ground experience in implementing global health programs in low and lower-middle income countries.

Inserted: (3) Responsibilities.--The Advisory Board should provide advice and guidance to the Executive Board of the Fund on the development and implementation of programs and projects to be assisted by the Fund and on leveraging donations to the Fund.

Inserted: (4) Prohibition on payment of compensation.--

Inserted: (A) In general.--Except for travel expenses (including per diem in lieu of subsistence), no member of the Advisory Board should receive compensation for services performed as a member of the Board.

Inserted: (B) United states representative.--Notwithstanding any other provision of law (including an international agreement), a representative of the United States on the Advisory Board may not accept compensation for services performed as a member of the Board, except that such representative may accept travel expenses, including per diem in lieu of subsistence, while away from the representative's home or regular place of business in the performance of services for the Board.

Inserted: (5) Conflicts of interest.--Members of the Advisory Board should be required to disclose any potential conflicts of interest prior to serving on the Advisory Board.

Inserted: (h) Reports to Congress on the Fund.--

Inserted: (1) Status report.--Not later than 180 days after the date of enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, and the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report detailing the progress of international negotiations to establish the Fund.

Inserted: (2) Annual report.--

Inserted: (A) In general.--Not later than 1 year after the date of the establishment of the Fund, and annually thereafter for the duration of the Fund, the Secretary of State, shall submit to the appropriate congressional committees a report on the Fund.

Inserted: (B) Report elements.--The report shall include a description of--

Inserted: (i) the goals of the Fund;

Inserted: (ii) the programs, projects, and activities supported by the Fund;

Inserted: (iii) private and governmental contributions to the Fund; and

Inserted: (iv) the criteria utilized to determine the programs and activities that should be assisted by the Fund.

Inserted: (3) Gao report on effectiveness.--Not later than 2 years after the date that the Fund comes into effect, the Comptroller General of the United States shall submit to the appropriate congressional committees a report evaluating the effectiveness of the Fund, including--

Inserted: (A) the effectiveness of the programs, projects, and activities supported by the Fund; and

Inserted: (B) an assessment of the merits of continued United States participation in the Fund.

Inserted: (i) United States Contributions.--

Inserted: (1) In general.--Subject to submission of the certification under this section, the President is authorized to make available for United States contributions to the Fund such funds as may be authorized to be made available for such purpose.

Inserted: (2) Notification.--The Secretary of State shall notify the appropriate congressional committees not later than 15 days in advance of making a contribution to the Fund, including--

Inserted: (A) the amount of the proposed contribution;

Inserted: (B) the total of funds contributed by other donors; and

Inserted: (C) the national interests served by United States participation in the Fund.

Inserted: (3) Limitation.--At no point during the 5 years after the date of the enactment of this Act shall a United States contribution to the Fund cause the cumulative total of United States contributions to the Fund to exceed 33 percent of the total contributions to the Fund from all sources.

Inserted: (4) Withholdings.--

Inserted: (A) Support for acts of international terrorism.--If at any time the Secretary of State determines that the Fund has provided assistance to a country, the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) has repeatedly provided support for acts of international terrorism, the United States shall withhold from its contribution to the Fund for the next fiscal year an amount equal to the amount expended by the Fund to the government of such country.

Inserted: (B) Excessive salaries.--If at any time during the five years after enactment of this Act, the Secretary of State determines that the salary of any individual employed by the Fund exceeds the salary of the Vice President of the United States for that fiscal year, then the United States should withhold from its contribution for the next fiscal year an amount equal to the aggregate amount by which the salary of each such individual exceeds the salary of the Vice President of the United States.

Inserted: (C) Accountability certification requirement.--The Secretary of State may withhold not more than 20 percent of planned United States contributions to the Fund until the Secretary certifies to the appropriate congressional committees that the Fund has established procedures to provide access by the Office of Inspector General of the Department of State, as cognizant Inspector General, the Inspector General of the Department of Health and Human Services, the Inspector General of the United States Agency for International Development, and the Comptroller General of the United States to the Fund's financial data and other information relevant to United States contributions to the Fund (as determined by the Inspector General of the Department of State, in consultation with the Secretary of State).

Inserted: (j) Compliance With the Foreign Aid Transparency and Accountability Act of 2016.--Section 2(3) of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114-191; 22 U.S.C. 2394c note) is amended--

Inserted: (1) in subparagraph (C), by striking "and" at the end;

Inserted: (2) in subparagraph (D), by striking the period at the end and inserting "; and"; and

Inserted: (3) by adding at the end the following:

Inserted: "(E) section [__] of the National Defense Authorization Act for Fiscal Year 2022.".

Inserted: (k) Definitions.--In this section:

Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional Committees" means--

Inserted: (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

Inserted: (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Inserted: (2) Global health security.--The term "global health security" means activities supporting epidemic and pandemic preparedness and capabilities at the country and global levels in order to minimize vulnerability to acute public health events that can endanger the health of populations across geographical regions and international boundaries.

Inserted: (l) Sunset.--This section, and the amendments made by this section, shall cease to have force or effect on the date that is 5 years after the date of the enactment of this Act.

Inserted: amendment no. 115 offered by mr. connolly of virginia

Inserted: (iv) any other provision of law; or

Inserted: (C) have been subject to United States sanctions relating to involvement in a military coup under any provision of law.

Inserted: (b) Update.--The Secretary of State and the Secretary of Defense, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees an annual update of the report required by subsection (a) on individuals and units of security forces of foreign countries that--

Inserted: (1) have participated in security cooperation training programs or received security assistance training authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or title 10, United States Code; and

Inserted: (2) at any time during the preceding year, any of the provisions of subparagraph (A),(B), or (C) of subsection (a)(2) have applied with respect to such individuals or units.

Inserted: (c) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.--Not later than 30 days after receiving a written request from the chairperson and ranking member of the one of the appropriate congressional committees with respect to whether an individual or unit of security forces of foreign countries has received training described in subsection (a)(1), the Secretary of State and the Secretary of Defense, in consultation with the heads of other appropriate agencies, shall--

Inserted: (1) determine if that individual or unit has received such training; and

Inserted: (2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes a detailed description of the training the individual received.

Inserted: (d) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

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

Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

Inserted: (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

Inserted: (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

Inserted: (2) Good.--The term "good" means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

Inserted: amendment no. 116 offered by mr. connolly of virginia

Inserted: "(8) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during an assessment process;

Inserted: "(9) regularly review, in consultation with the FedRAMP Board, the costs associated with the independent assessment services of third-party organizations referenced in section 3610;

Inserted: "(10) support the Federal Secure Cloud Advisory Committee, established pursuant to subsection 3615; and

Inserted: "(11) such other actions as the Administrator may determine necessary to improve the program.

Inserted: "(b) Website.--

Inserted: "(1) In general.--The Administrator shall maintain a public website to serve as the authoritative repository for the program, including the timely publication and updates for all relevant information, guidance, determinations, and other materials required under subsection (a).

Inserted: "(2) Criteria and process for fedramp authorization priorities.--The Administrator shall develop and make publicly available on the website described in paragraph (1) the criteria and process for prioritizing and selecting cloud computing products and services that will receive a FedRAMP authorization, in consultation with the FedRAMP Board and the Chief Information Officers Council established in section 3603.

Inserted: "(c) Evaluation of Automation Procedures.--

Inserted: "(1) In general.--The Administrator shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations, including continuous monitoring of cloud computing products and services.

Inserted: "(2) Means for automation.--Not later than 1 year after the date of the enactment of this section, and updated regularly thereafter, the Administrator shall establish a means for the automation of security assessments and reviews.

Inserted: "(d) Metrics for Authorization.--The Administrator shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden.

Inserted: "Sec. 3609. FedRAMP board

Inserted: "(a) Establishment.--There is established a FedRAMP board to provide input and recommendations to the Administrator regarding the requirements and guidelines for security assessments of cloud computing products and services developed under subsection (d) of this section.

Inserted: "(b) Membership.--The board shall consist of not more than seven senior officials or experts from agencies , appointed by the Director, in consultation with the Administrator, from each of the following:

Inserted: "(1) The Department of Defense.

Inserted: "(2) The Department of Homeland Security.

Inserted: "(3) The General Services Administration.

Inserted: "(4) Such other agencies as determined by the Director, in consultation with the Administrator.

Inserted: "(c) Qualifications.--Members of the FedRAMP board appointed under subsection (b) shall have technical expertise in domains relevant to the program, such as--

Inserted: "(1) cloud computing;

Inserted: "(2) cybersecurity;

Inserted: "(3) privacy;

Inserted: "(4) risk management; and

Inserted: "(5) other competencies identified by the Director to support the secure authorization of cloud services and products.

Inserted: "(d) Duties.--The FedRAMP board shall--

Inserted: "(1) in consultation with the Administrator, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization;

Inserted: "(2) review and approve requirements and guidelines for security authorizations of cloud computing products and services, consistent with standards defined by the National Institute of Standards and Technology, to be used in the determination of FedRAMP authorizations;

Inserted: "(3) monitor and oversee, to the greatest extent practicable, the processes and procedures by which agencies determine and validate requirements for a FedRAMP authorization, including periodic review of the agency determinations described in section 3611(b), and ensure consistency and transparency between agencies and cloud service providers in a manner that minimizes confusion and engenders trust; and

Inserted: "(4) perform such other roles and responsibilities as the Director may assign, with concurrence from the Administrator.

Inserted: "(e) Determinations of Demand for Cloud Computing Products and Services.--The FedRAMP Board may consult with the Chief Information Officers Council established in section 3603 to establish a process, that may be made available the website referenced in section 3608, for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP authorization.

Inserted: "Sec. 3610. Independent assessment organizations

Inserted: "(a) Requirements for Accreditation.--The Administrator may, consistent with guidance issued by the Director, determine the requirements for accreditation of a third-party organization to perform independent assessments and other activities that will improve the overall performance of the program and reduce the cost of FedRAMP authorizations for cloud service providers. Such requirements may include developing or requiring certification programs for individuals employed by the third-party organization seeking accreditation.

Inserted: "(b) Certification.--The Administrator or their designee may accredit any third-party organization that meets the requirements for accreditation. If accredited pursuant to the requirements defined pursuant to subsection (a), a certified independent assessment organization may assess, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers.

Inserted: "Sec. 3611. Roles and responsibilities of agencies

Inserted: "(a) In General.--In implementing the requirements of the program, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3612--

Inserted: "(1) promote the use of cloud computing products and services which meet FedRAMP security requirements and other risk-based performance requirements as defined by the Director;

Inserted: "(2) confirm whether there is a FedRAMP authorization in the secure mechanism established under section 3608(b)(10) before beginning the process to grant a FedRAMP authorization for a cloud computing product or service;

Inserted: "(3) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization, use the existing assessments of security controls and materials within the FedRAMP authorization package; and

Inserted: "(4) provide data and information required to the Director pursuant to section 3612 to determine how agencies are meeting metrics as defined by the Administrator.

Inserted: "(b) Attestation.--To the extent an agency determines that the information and data they have reviewed pursuant to subsection (a)(2) is wholly or substantially deficient for the purposes of performing an authorization of cloud computing products or services, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination upon completion of any assessment or authorization activities for that particular cloud computing product or service.

Inserted: "(c) Submission of Authorizations to Operate Required.--Upon issuance of an agency authorization to operate based on a FedRAMP authorization, the head of the agency shall provide a copy of its authorization to operate letter and any supplementary information required pursuant to section 3608(a) to the Administrator.

Inserted: "(d) Submission of Policies Required.--Not later than 6 months after the date on which the Director issues guidance in accordance with section 3612, the head of each agency, acting through the agency Chief Information Officer, shall submit to the Director all agency policies created related to the authorization of cloud computing products and services.

Inserted: "(e) Presumption of Adequacy.--

Inserted: "(1) In general.--The assessment of security controls and materials within the authorization package for a FedRAMP authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services.

Inserted: "(2) Information security requirements.--The presumption under paragraph (1) does not modify or alter the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing products or services used by the agency.

Inserted: "Sec. 3612. Roles and responsibilities of the office of management and budget

Inserted: "(a) Roles and Responsibilities.--The Director shall:

Inserted: "(1) Issue guidance to specify the categories or characteristics of cloud computing products and services, in consultation with the Administrator, for which agencies must obtain or use a FedRAMP authorization before operating such a product or service as a Federal information system. Such guidance shall encompass, to the greatest extent practicable, all necessary and appropriate cloud computing products and services.

Inserted: "(2) Issue guidance describing additional responsibilities of the FedRAMP program and board to accelerate the adoption of secure cloud computing services in the Federal Government.

Inserted: "(3) Oversee the effectiveness of the FedRAMP program and board, including compliance by the FedRAMP board with its duties as described in section 3609.

Inserted: "(4) To the greatest extent practicable, encourage and promote consistency of guidance on the adoption, security, and use of cloud computing products and services used within agencies.

Inserted: "Sec. 3613. Authorization of appropriations for FedRAMP "There is authorized to be appropriated $20,000,000 each year for the FedRAMP Program and Board.

Inserted: "Sec. 3614. Reports to congress; GAO report

Inserted: "(a) Reports to Congress.--Not later than 12 months after the date of the enactment of this section, and annually thereafter, the Director shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following:

Inserted: "(1) The status, efficiency, and effectiveness of the General Services Administration, pursuant to section 3608, and agencies, pursuant to section 3611, during the preceding year in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for cloud computing products and services.

Inserted: "(2) Progress towards meeting the metrics required pursuant to section 3608(d).

Inserted: "(3) Data on FedRAMP authorizations.

Inserted: "(4) The average length of time to issue FedRAMP authorizations.

Inserted: "(5) The number of FedRAMP authorizations submitted, issued, and denied for the previous year.

Inserted: "(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting as described in this section.

Inserted: "(7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director in section 3612.

Inserted: "(b) GAO Report.--Not later than 6 months after the date of the enactment of this section, the Comptroller General of the United States shall publish a report that includes an assessment of the cost incurred by agencies and cloud service providers related to the issuance of FedRAMP authorizations.

Inserted: "Sec. 3615. Federal secure cloud advisory committee

Inserted: "(a) Establishment, Purposes, and Duties.--

Inserted: "(1) Establishment.--There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the 'Committee') to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities.

Inserted: "(2) Purposes.--The purposes of the Committee are the following:

Inserted: "(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following:

Inserted: "(i) Measures to increase agency re-use of FedRAMP authorizations.

Inserted: "(ii) Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers.

Inserted: "(iii) Measures to increase the number of FedRAMP authorizations for cloud computing services offered by small businesses (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

Inserted: "(iv) Proposed actions that can be adopted to reduce the burden and cost of FedRAMP authorizations for agencies.

Inserted: "(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements.

Inserted: "(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community.

Inserted: "(3) Duties.--The duties of the Committee are, at a minimum, to provide advice and recommendations to the Administrator, the FedRAMP Board, and to agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services.

Inserted: "(b) Members.--

Inserted: "(1) Composition.--The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Director, as follows:

Inserted: "(A) The Administrator or the Administrator's designee, who shall be the Chair of the Committee.

Inserted: "(B) At least one representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology.

Inserted: "(C) At least two officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.

Inserted: "(D) At least one official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.

Inserted: "(E) At least one individual representing an independent assessment organization.

Inserted: "(F) No fewer than five representatives from unique businesses that primarily provide cloud computing services or products, including at least two representatives from a small business (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))).

Inserted: "(G) At least two other Government representatives as the Administrator determines to be necessary to provide sufficient balance, insights, or expertise to the Committee.

Inserted: "(2) Deadline for appointment.--Each member of the Committee shall be appointed not later than 90 days after the date of the enactment of this section.

Inserted: "(3) Period of appointment; vacancies.--

Inserted: "(A) In general.--Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms.

Inserted: "(B) Vacancies.--Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office.

Inserted: "(c) Meetings and Rules of Procedures.--

Inserted: "(1) Meetings.--The Committee shall hold not fewer than three meetings in a calendar year, at such time and place as determined by the Chair.

Inserted: "(2) Initial meeting.--Not later than 120 days after the date of the enactment of this section, the Committee shall meet and begin the operations of the Committee.

Inserted: "(3) Rules of procedure.--The Committee may establish rules for the conduct of the business of the Committee, if such rules are not inconsistent with this section or other applicable law.

Inserted: "(d) Employee Status.--

Inserted: "(1) In general.--A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses.

Inserted: "(2) Pay not permitted.--A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee.

Inserted: "(e) Applicability to the Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.

Inserted: "(f) Detail of Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

Inserted: "(g) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as agencies.

Inserted: "(h) Reports.--

Inserted: "(1) Interim reports.--The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee.

Inserted: "(2) Annual reports.--Not later than 18 months after the date of the enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by the Committee.

Inserted: "Sec. 3616. Definitions

Inserted: "(a) In General.--Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to sections 3607 through this section.

Inserted: "(b) Additional Definitions.--In sections 3607 through this section:

Inserted: "(1) Administrator.--The term 'Administrator' means the Administrator of General Services.

Inserted: "(2) Cloud computing.--The term 'cloud computing' shall have the meaning given by the National Institutes of Standards and Technology Special Publication 800-145.

Inserted: "(3) Cloud service provider.--The term 'cloud service provider' means an entity offering cloud computing products or services to agencies.

Inserted: "(4) Director.--The term 'Director' means the Director of the Office of Management and Budget.

Inserted: "(5) Fedramp.--The term 'FedRAMP' means the Federal Risk and Authorization Management Program established under section 3607(a).

Inserted: "(6) Fedramp authorization.--The term 'FedRAMP authorization' means a certification that a cloud computing product or service has completed a FedRAMP authorization process, as determined by the Administrator or received a FedRAMP provisional authorization to operate as determined by the FedRAMP Board.

Inserted: "(7) Fedramp authorization package.--The term 'FedRAMP authorization package' means the essential information that can be used by an agency to determine whether to authorize the operation of an information system or the use of a designated set of common controls for all cloud computing products and services authorized by the FedRAMP program.

Inserted: "(8) Independent assessment organization.--The term 'independent assessment organization' means a third-party organization accredited by the Administrator to undertake conformity assessments of cloud service providers and their products or services.

Inserted: "(9) Fedramp board.--The term 'FedRAMP board' means the board established under section 3609.".

Inserted: (b) Technical and Conforming Amendment.--The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items:

Inserted: "3607. Federal Risk and Authorization Management Program "3608. Roles and Responsibilities of the General Services Administration "3609. FedRAMP board "3610. Independent assessment organizations "3611. Roles and responsibilities of agencies "3612. Roles and responsibilities of the Office of Management and Budget "3613. Authorization of appropriations for FedRAMP "3614. Reports to Congress "3615. Federal Secure Cloud Advisory Committee "3616. Definitions".

Inserted: (c) Sunset.--This section and any amendment made by this section shall be repealed on the date that is 10 years after the date of the enactment of this section.

Inserted: (d) Rule of Construction.--Nothing in this section or any amendment made by this section shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code.

Inserted: amendment no. 117 offered by mr. correa of california

Inserted: (1) the environment of care standards and inspections at Department of Veterans Affairs medical centers include--

Inserted: (A) an alignment of the requirements for such standards and inspections with the women's health handbook of the Veterans Health Administration;

Inserted: (B) a requirement for the frequency of such inspections;

Inserted: (C) delineation of the roles and responsibilities of staff at the medical center who are responsible for compliance; and

Inserted: (D) the requirement that each medical center submit to the Secretary a report on the compliance of the medical center with the standards; and

Inserted: (2) for the purposes of the End of Year Hospital Star Rating, no medical center is eligible for a five star rating as reported under the Strategic Analytics for Improvement and Learning Value Model unless it meets the environment of care standards.

Inserted: (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives certification in writing that the policy required by subsection (a) has been finalized and disseminated to Department all medical centers.

Inserted: amendment no. 118 offered by ms. craig of minnesota

Inserted: (f) Timeline for Operational Capability.--The Secretary of the Army shall ensure that the EOD Command--

Inserted: (1) achieves early operational capability not later than 90 days after the date of the enactment of this Act; and

Inserted: (2) achieves full operational capability not later than one year after such date of enactment.

Inserted: (g) Treatment as Special Operations Activity.--Consistent with the transfer made under subsection (a)(1), the Secretary of the Army shall treat explosive ordnance disposal as a special operations activity.

Inserted: (h) Explosive Ordnance Disposal Activities Defined.--In this section, the term "explosive ordnance disposal activities" means activities relating to the detection, defeat, disposal, and analysis of explosive ordnance, including--

Inserted: (1) gaining access to anti-access and area-denial munitions;

Inserted: (2) preventing detonation signals via electromagnetic spectrum;

Inserted: (3) identifying manufactured and improvised explosive ordnance, including nuclear, biological, and chemical ordnance;

Inserted: (4) rendering-safe, recovering, exploiting, transporting, and safely disposing of explosive ordnance; and

Inserted: (5) gathering and analyzing technical intelligence with respect to explosive ordnance.

Inserted: amendment no. 120 offered by mr. crawford of arkansas

Inserted: "(5) the Secretary of the Navy shall designate a Navy explosive ordnance disposal-qualified admiral officer to serve as the co-chair of the Program; and

Inserted: "(6) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall designate the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism as the co-chair of the Program.".

Inserted: amendment no. 122 offered by mr. crist of florida

Inserted: (i) Federal law, including this title; or

Inserted: (ii) the laws of the notarial officer's State; and

Inserted: (B) includes any act described in subparagraph (A) and performed by a notarial officer--

Inserted: (i) with respect to--

Inserted: (I) a tangible record; or

Inserted: (II) an electronic record; and

Inserted: (ii) for--

Inserted: (I) an individual in the physical presence of the notarial officer; or

Inserted: (II) a remotely located individual.

Inserted: (7) Notary public.--The term "notary public" means an individual commissioned or appointed as a notary public to perform a notarization under the laws of a State.

Inserted: (8) Personal knowledge.--The term "personal knowledge", with respect to the identity of an individual, means knowledge of the identity of the individual through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

Inserted: (9) Remotely located individual.--The term "remotely located individual", with respect to a notarization, means an individual who is not in the physical presence of the notarial officer performing the notarization.

Inserted: (10) Requirement.--The term "requirement" includes a duty, a standard of care, and a prohibition.

Inserted: (11) Signature.--The term "signature" means--

Inserted: (A) an electronic signature; or

Inserted: (B) a tangible symbol executed or adopted by a person and evidencing the present intent to authenticate or adopt a record.

Inserted: (12) Simultaneously.--The term "simultaneously", with respect to a communication between parties--

Inserted: (A) means that each party communicates substantially simultaneously and without unreasonable interruption or disconnection; and

Inserted: (B) includes any reasonably short delay that is inherent in, or common with respect to, the method used for the communication.

Inserted: (13) State.--The term "State"--

Inserted: (A) means--

Inserted: (i) any State of the United States;

Inserted: (ii) the District of Columbia;

Inserted: (iii) the Commonwealth of Puerto Rico;

Inserted: (iv) any territory or possession of the United States; and

Inserted: (v) any federally recognized Indian Tribe; and

Inserted: (B) includes any executive, legislative, or judicial agency, court, department, board, office, clerk, recorder, register, registrar, commission, authority, institution, instrumentality, county, municipality, or other political subdivision of an entity described in any of clauses (i) through (v) of subparagraph (A).

Inserted: SEC. 6102. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR ELECTRONIC NOTARIZATION.

Inserted: (a) Authorization.--Unless prohibited under section 6109, and subject to subsection (b), a notary public may perform a notarization that occurs in or affects interstate commerce with respect to an electronic record.

Inserted: (b) Requirements of Electronic Notarization.--If a notary public performs a notarization under subsection (a), the following requirements shall apply with respect to the notarization:

Inserted: (1) The electronic signature of the notary public, and all other information required to be included under other applicable law, shall be attached to or logically associated with the electronic record.

Inserted: (2) The electronic signature and other information described in paragraph (1) shall be bound to the electronic record in a manner that renders any subsequent change or modification to the electronic record evident.

Inserted: SEC. 6103. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR REMOTE NOTARIZATION.

Inserted: (a) Authorization.--Unless prohibited under section 6109, and subject to subsection (b), a notary public may perform a notarization that occurs in or affects interstate commerce for a remotely located individual.

Inserted: (b) Requirements of Remote Notarization.--If a notary public performs a notarization under subsection (a), the following requirements shall apply with respect to the notarization:

Inserted: (1) The remotely located individual shall appear personally before the notary public at the time of the notarization by using communication technology.

Inserted: (2) The notary public shall--

Inserted: (A) reasonably identify the remotely located individual-- (i) through personal knowledge of the identity of the remotely located individual; or

Inserted: (ii) by obtaining satisfactory evidence of the identity of the remotely located individual by--

Inserted: (I) using not fewer than 2 distinct types of processes or services through which a third person provides a means to verify the identity of the remotely located individual through a review of public or private data sources; or

Inserted: (II) oath or affirmation of a credible witness who--

Inserted: (aa)(AA) is in the physical presence of the notary public or the remotely located individual; or

Inserted: (BB) appears personally before the notary public and the remotely located individual by using communication technology;

Inserted: (bb) has personal knowledge of the identity of the remotely located individual; and

Inserted: (cc) has been identified by the notary public under clause (i) or subclause (I) of this clause;

Inserted: (B) either directly or through an agent--

Inserted: (i) create an audio and visual recording of the performance of the notarization; and

Inserted: (ii) notwithstanding any resignation from, or revocation, suspension, or termination of, the notary public's commission or appointment, retain the recording created under clause (i) as a notarial record--

Inserted: (I) for a period of not less than--

Inserted: (aa) if an applicable law of the notary public's State specifies a period of retention, the greater of--

Inserted: (AA) that specified period; or

Inserted: (BB) 5 years after the date on which the recording is created; or

Inserted: (bb) if no applicable law of the notary public's State specifies a period of retention, 10 years after the date on which the recording is created; and

Inserted: (II) if any applicable law of the notary public's State govern the content, manner or place of retention, security, use, effect, or disclosure of such recording or any information contained in the recording, in accordance with those laws; and

Inserted: (C) if the notarization is performed with respect to a tangible or electronic record, take reasonable steps to confirm that the record before the notary public is the same record with respect to which the remotely located individual made a statement or on which the individual executed a signature.

Inserted: (3) If a guardian, conservator, executor, personal representative, administrator, or similar fiduciary or successor is appointed for or on behalf of a notary public or a deceased notary public under applicable law, that person shall retain the recording under paragraph (2)(B)(ii), unless--

Inserted: (A) another person is obligated to retain the recording under applicable law of the notary public's State; or

Inserted: (B)(i) under applicable law of the notary public's State, that person may transmit the recording to an office, archive, or repository approved or designated by the State; and

Inserted: (ii) that person transmits the recording to the office, archive, or repository described in clause (i) in accordance with applicable law of the notary public's State.

Inserted: (4) If the remotely located individual is physically located outside the geographic boundaries of a State, or is otherwise physically located in a location that is not subject to the jurisdiction of the United States, at the time of the notarization--

Inserted: (A) the record shall--

Inserted: (i) be intended for filing with, or relate to a matter before, a court, governmental entity, public official, or other entity that is subject to the jurisdiction of the United States; or

Inserted: (ii) involve property located in the territorial jurisdiction of the United States or a transaction substantially connected to the United States; and

Inserted: (B) the act of making the statement or signing the record may not be prohibited by a law of the jurisdiction in which the individual is physically located.

Inserted: (c) Personal Appearance Satisfied.--If a State or Federal law requires an individual to appear personally before or be in the physical presence of a notary public at the time of a notarization, that requirement shall be considered to be satisfied if--

Inserted: (1) the individual--

Inserted: (A) is a remotely located individual; and

Inserted: (B) appears personally before the notary public at the time of the notarization by using communication technology; and

Inserted: (2)(A) the notarization was performed under or relates to a public act, record, or judicial proceeding of the notary public's State; or

Inserted: (B) the notarization occurs in or affects interstate commerce.

Inserted: SEC. 6104. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURT.

Inserted: (a) Recognition of Validity.--Each court of the United States shall recognize as valid under the State or Federal law applicable in a judicial proceeding before the court any notarization performed by a notarial officer of any State if the notarization is valid under the laws of the notarial officer's State or under this title.

Inserted: (b) Legal Effect of Recognized Notarization.--A notarization recognized under subsection (a) shall have the same effect under the State or Federal law applicable in the applicable judicial proceeding as if that notarization was validly performed--

Inserted: (1)(A) by a notarial officer of the State, the law of which is applicable in the proceeding; or

Inserted: (B) under this title or other Federal law; and

Inserted: (2) without regard to whether the notarization was performed--

Inserted: (A) with respect to--

Inserted: (i) a tangible record; or

Inserted: (ii) an electronic record; or

Inserted: (B) for--

Inserted: (i) an individual in the physical presence of the notarial officer; or

Inserted: (ii) a remotely located individual.

Inserted: (c) Presumption of Genuineness.--In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of an individual performing the notarization shall be prima facie evidence in any court of the United States that the signature of the individual is genuine and that the individual holds the designated title.

Inserted: (d) Conclusive Evidence of Authority.--In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of the following notarial officers of a State shall conclusively establish the authority of the officer to perform the notarization:

Inserted: (1) A notary public of that State.

Inserted: (2) A judge, clerk, or deputy clerk of a court of that State.

Inserted: SEC. 6105. RECOGNITION BY STATE OF NOTARIZATIONS PERFORMED UNDER AUTHORITY OF ANOTHER STATE.

Inserted: (a) Recognition of Validity.--Each State shall recognize as valid under the laws of that State any notarization performed by a notarial officer of any other State if--

Inserted: (1) the notarization is valid under the laws of the notarial officer's State or under this title; and

Inserted: (2)(A) the notarization was performed under or relates to a public act, record, or judicial proceeding of the notarial officer's State; or

Inserted: (B) the notarization occurs in or affects interstate commerce.

Inserted: (b) Legal Effect of Recognized Notarization.--A notarization recognized under subsection (a) shall have the same effect under the laws of the recognizing State as if that notarization was validly performed by a notarial officer of the recognizing State, without regard to whether the notarization was performed--

Inserted: (1) with respect to--

Inserted: (A) a tangible record; or

Inserted: (B) an electronic record; or

Inserted: (2) for--

Inserted: (A) an individual in the physical presence of the notarial officer; or

Inserted: (B) a remotely located individual.

Inserted: (c) Presumption of Genuineness.--In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of an individual performing a notarization shall be prima facie evidence in any State court or judicial proceeding that the signature is genuine and that the individual holds the designated title.

Inserted: (d) Conclusive Evidence of Authority.--In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of the following notarial officers of a State conclusively establish the authority of the officer to perform the notarization:

Inserted: (1) A notary public of that State.

Inserted: (2) A judge, clerk, or deputy clerk of a court of that State.

Inserted: SEC. 6106. ELECTRONIC AND REMOTE NOTARIZATION NOT REQUIRED.

Inserted: Nothing in this title may be construed to require a notary public to perform a notarization--

Inserted: (1) with respect to an electronic record;

Inserted: (2) for a remotely located individual; or

Inserted: (3) using a technology that the notary public has not selected.

Inserted: SEC. 6107. VALIDITY OF NOTARIZATIONS; RIGHTS OF AGGRIEVED PERSONS NOT AFFECTED; STATE LAWS ON THE PRACTICE OF LAW NOT AFFECTED.

Inserted: (a) Validity Not Affected.--The failure of a notary public to meet a requirement under section 6102 or 6103 in the performance of a notarization, or the failure of a notarization to conform to a requirement under section 6102 or 6103, shall not invalidate or impair the recognition of the notarization.

Inserted: (b) Rights of Aggrieved Persons.--The validity and recognition of a notarization under this title may not be construed to prevent an aggrieved person from seeking to invalidate a record or transaction that is the subject of a notarization or from seeking other remedies based on State or Federal law other than this title for any reason not specified in this title, including on the basis--

Inserted: (1) that a person did not, with present intent to authenticate or adopt a record, execute a signature on the record;

Inserted: (2) that an individual was incompetent, lacked authority or capacity to authenticate or adopt a record, or did not knowingly and voluntarily authenticate or adopt a record; or (3) of fraud, forgery, mistake, misrepresentation, impersonation, duress, undue influence, or other invalidating cause.

Inserted: (c) Rule of Construction.--Nothing in this title may be construed to affect a State law governing, authorizing, or prohibiting the practice of law.

Inserted: SEC. 6108. EXCEPTION TO PREEMPTION.

Inserted: (a) In General.--A State law may modify, limit, or supersede the provisions of section 6102, or subsections (a) or (b) of section 6103, with respect to State law only if that State law--

Inserted: (1) either--

Inserted: (A) constitutes an enactment or adoption of the Revised Uniform Law on Notarial Acts, as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 2018 or 2021, except that a modification to such Law enacted or adopted by a State shall be preempted to the extent such modification--

Inserted: (i) is inconsistent with a provision of section 6102 or subsections (a) or (b) of section 6103, as applicable; or

Inserted: (ii) would not be permitted under subparagraph (B); or

Inserted: (B) specifies additional or alternative procedures or requirements for the performance of notarizations with respect to electronic records or for remotely located individuals, if those additional or alternative procedures or requirements--

Inserted: (i) are consistent with section 6102 and subsections (a) and (b) of section 6103; and

Inserted: (ii) do not accord greater legal effect to the implementation or application of a specific technology or technical specification for performing those notarizations; and

Inserted: (2) requires the retention of an audio and visual recording of the performance of a notarization for a remotely located individual for a period of not less than 5 years after the recording is created.

Inserted: (b) Rule of Construction.--Nothing in section 6104 or 6105 may be construed to preclude the recognition of a notarization under applicable State law, regardless of whether such State law is consistent with section 6104 or 6105.

Inserted: SEC. 6109. STANDARD OF CARE; SPECIAL NOTARIAL COMMISSIONS.

Inserted: (a) State Standards of Care; Authority of State Regulatory Officials.--Nothing in this title may be construed to prevent a State, or a notarial regulatory official of a State, from--

Inserted: (1) adopting a requirement in this title as a duty or standard of care under the laws of that State or sanctioning a notary public for breach of such a duty or standard of care;

Inserted: (2) establishing requirements and qualifications for, or denying, refusing to renew, revoking, suspending, or imposing a condition on, a commission or appointment as a notary public;

Inserted: (3) creating or designating a class or type of commission or appointment, or requiring an endorsement or other authorization to be received by a notary public, as a condition on the authority to perform notarizations with respect to electronic records or for remotely located individuals; or

Inserted: (4) prohibiting a notary public from performing a notarization under section 6102 or 6103 as a sanction for a breach of duty or standard of care or for official misconduct.

Inserted: (b) Special Commissions or Authorizations Created by a State; Sanction for Breach or Official Misconduct.--A notary public may not perform a notarization under section 6102 or 6103 if--

Inserted: (1)(A) the notary public's State has enacted a law that creates or designates a class or type of commission or appointment, or requires an endorsement or other authorization to be received by a notary public, as a condition on the authority to perform notarizations with respect to electronic records or for remotely located individuals; and

Inserted: (B) the commission or appointment of the notary public is not of the class or type or the notary public has not received the endorsement or other authorization; or

Inserted: (2) the notarial regulatory official of the notary public's State has prohibited the notary public from performing the notarization as a sanction for a breach of duty or standard of care or for official misconduct.

Inserted: SEC. 6110. SEVERABILITY.

Inserted: If any provision of this title or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this title and the application of the provisions thereof to other persons or circumstances shall not be affected by that holding.

Inserted: Amendment No. 128 Offered by Ms. Dean of Pennsylvania In title LI of division E, after section 5105, insert the following:

Inserted: SEC. 5106. COORDINATOR FOR HUMAN TRAFFICKING ISSUES.

Inserted: (a) In General.--The Secretary of the Treasury shall, not later than 180 days after the date of the enactment of this Act, and as required under section 312(a)(8) of title 31, United States Code, designate an office within the Office of Terrorism and Financial Intelligence that shall coordinate efforts to combat the illicit financing of human trafficking.

Inserted: (b) Coordinator for Human Traffficking Issues.--

Inserted: (1) In general.--Subchapter I of chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following:

Inserted: "Sec. 316. Coordinator for human trafficking issues.

Inserted: "(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary.

Inserted: "(b) Duties.--The Coordinator for Human Trafficking Issues--

Inserted: "(1) shall--

Inserted: "(A) coordinate activities, policies, and programs of the Department that relate to human trafficking, including activities, policies, and programs intended to--

Inserted: "(i) prevent, detect, and respond to human trafficking;

Inserted: "(ii) help understand the challenges faced by victims and survivors of human trafficking, including any circumstances that may increase the risk of a person becoming a victim or survivor of human trafficking; and

Inserted: "(iii) support victims and survivors of human trafficking;

Inserted: "(B) promote, advance, and support the consideration of human trafficking issues in the programs, structures, processes, and capacities of bureaus and offices of the Department, where appropriate;

Inserted: "(C) regularly consult human trafficking stakeholders;

Inserted: "(D) serve as the principal advisor to the Secretary with respect to activities and issues relating to human trafficking, including issues relating to victims and survivors of human trafficking;

Inserted: "(E) advise the Secretary of actions that may be taken to improve information sharing between human trafficking stakeholders and Federal, State, Local, Territory, and Tribal government agencies, including law enforcement agencies, while protecting privacy and, as a result, improve societal responses to issues relating to human trafficking, including issues relating to the victims and survivors of human trafficking;

Inserted: "(F) participate in coordination between Federal, State, Local, Territory, and Tribal government agencies on issues relating to human trafficking; and

Inserted: "(G) consult and work with the office within the office within the Office of Terrorism and Financial Intelligence designated by the Secretary under section 312(a)(8) of title 31, United States Code, to coordinate efforts to combat the illicit financing of human trafficking with respect to the efforts of such office to combat the illicit financing of human trafficking; and

Inserted: "(2) may design, support, and implement Department activities relating to human trafficking, including activities designed to prevent, detect, and respond to human trafficking, to include money laundering associated with human trafficking, to include money laundering associated with human trafficking.

Inserted: "(c) Term.--Each Coordinator for Human Trafficking Issues designated by the Secretary shall serve a term of not more than 5 years.

Inserted: "(d) Human Trafficking Defined.--In this section, the term 'human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000.

Inserted: "(e) Human Trafficking Stakeholder.--The term 'human trafficking stakeholder' means--

Inserted: "(1) a non-governmental organization;

Inserted: "(2) a human rights organization;

Inserted: "(3) an anti-human trafficking organization;

Inserted: "(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues;

Inserted: "(5) an industry group;

Inserted: "(6) a financial institution;

Inserted: "(7) a technology firm; and

Inserted: "(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.".

Inserted: (c) Coordination With Coordinator for Human Trafficking Issues.--Section 312(a) of title 31, United States Code, is amended by adding at the end the following:

Inserted: "(9) Coordination with coordinator for human trafficking issues.--The office within the OTFI designated by the Secretary pursuant to paragraph (8) shall coordinate with the Coordinator for Human Trafficking Issues designated by the Secretary pursuant to section 316 of title 31, United States Code.".

Inserted: (d) Conforming Amendment.--The table of sections in chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following:

Inserted: "316. Coordinator for Human Trafficking Issues.".

Inserted: Amendment No. 129 Offered by Mr. Delgado of New York

Inserted: (B) intends to complete such process by September 1, 2022.

Inserted: (3) Implementation of unified facilities criteria amendments.--

Inserted: (A) Implementation.--Any Department of Defense Form 1391 submitted to Congress after September 1, 2022, shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1).

Inserted: (B) Certification.--Not later than March 1, 2023, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph (1) and the full incorporation of the amendments into military construction planning and design.

Inserted: Amendment No. 133 Offered by Ms. Escobar of Texas In subtitle D of title XXVIII, insert after section 2831 the following new section (and redesignate subsequent sections accordingly):

Inserted: SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS.

Inserted: (a) Maximum Interval Between Master Plan Development.--Section 2864(a)(1) of title 10, United States Code, is amended by striking "10 years" and inserting "five years".

Inserted: (b) Consideration of Military Installation Resilience.--Section 2864(a)(2)(E) of title 10, United States Code, is amended by inserting before the period at the end the following: "and military installation resilience".

Inserted: (c) Coordination Related to Military Installation Resilience Component.--Section 2864(c)(6) of title 10, United States Code, is amended by inserting after "Agreements in effect or planned" the following: "and ongoing or planned coordination".

Inserted: (d) Cross Reference to Definition of Military Installation Resilience.--Section 2864(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

Inserted: "(6) The term 'military installation resilience' has the meaning given that term in section 101(e) of this title.".

Inserted: amendment no. 134 offered by ms. escobar of texas

Inserted: amendment no. 138 offered by mr. fortenberry of nebraska

Inserted: (4) Whether the Under Secretary is committed to ensuring adequate funding and continued departmental support for JASON.

Inserted: (5) Any impediments encountered by the Under Secretary in continuing to contract with JASON.

Inserted: Amendment No. 140 offered by mr. gallagher of wisconsin

Inserted: (vi) Three members appointed by the minority leader of the Senate, one of whom shall be a member of the Senate and two of whom shall not be.

Inserted: (vii) Three members appointed by the Speaker of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be.

Inserted: (viii) Three members appointed by the minority leader of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be.

Inserted: (B) Qualifications.--

Inserted: (i) The members of the Commission who are not members of Congress and who are appointed under clauses (v) through (viii) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in--

Inserted: (I) synthetic biology or related bioengineering;

Inserted: (II) genetic developments;

Inserted: (III) use of life sciences technologies by national policymakers and military leaders; or

Inserted: (IV) the implementation, funding, or oversight of the national security policies of the United States.

Inserted: (ii) An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.

Inserted: (iii) All members of the Commission described in clause (i) shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information.

Inserted: (2) Co-chairs.--

Inserted: (A) In general.--The Commission shall have two co-chairs, selected from among the members of the Commission.

Inserted: (B) Party affiliation.--One co-chair of the Commission shall be a member of the Democratic Party, and one co-chair shall be a member of the Republican Party.

Inserted: (C) Selection.--The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.

Inserted: (c) Appointment; Initial Meeting, Terms.--

Inserted: (1) Appointment.--Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act.

Inserted: (2) Initial meeting.--The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act.

Inserted: (3) Terms.--Members shall be appointed for the life of the Commission.

Inserted: (d) Meetings; Quorum; Vacancies.--

Inserted: (1) In general.--After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission.

Inserted: (2) Quorum.--Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony.

Inserted: (3) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

Inserted: (4) Quorum with vacancies.--If vacancies in the Commission occur on any day after 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day.

Inserted: (5) Effect of lack of appointment.--If one or more appointments under subsection (b) is not made by the appointment date specified in subsection (c), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made.

Inserted: (e) Actions of Commission.--

Inserted: (1) In general.--The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.

Inserted: (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 title. 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 shall not be considered the findings and determinations of the Commission unless approved by the Commission.

Inserted: (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 title.

Inserted: (f) Duties.--

Inserted: (1) In general.--The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider the methods and means necessary to advance the development of synthetic biology, bioengineering, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States.

Inserted: (2) Scope of the review.--In conducting the review described in this subsection, the Commission shall consider the following:

Inserted: (A) The competitiveness of the United States in synthetic biology, bioengineering, and associated technologies, including matters related to national security, defense, public-private partnerships, and investments.

Inserted: (B) Means and methods for the United States to maintain a technological advantage in synthetic biology, bioengineering, and other associated technologies related to national security and defense.

Inserted: (C) Developments and trends in international cooperation and competitiveness, including foreign investments in synthetic biology, bioengineering, and genetics fields that are materially related to national security and defense.

Inserted: (D) Means by which to foster greater emphasis and investments in basic and advanced research to stimulate private, public, academic, and combined initiatives in synthetic biology, bioengineering, and other associated technologies, to the extent that such efforts have application materially related to national security and defense.

Inserted: (E) Workforce and education incentives to attract and recruit leading talent in synthetic biology and bioengineering disciplines, including science, technology, engineering, and biology and genetics programs.

Inserted: (F) Risks associated with adversary advances in military employment of synthetic biology and bioengineering, including international law of armed conflict, international humanitarian law, and escalation dynamics.

Inserted: (G) Associated ethical considerations related to synthetic biology, bioengineering, and genetics as it will be used for future applications related to national security and defense.

Inserted: (H) Means to establish international genomic data standards and incentivize the sharing of open training data within related national security and defense synthetic biology-driven industries.

Inserted: (I) Consideration of the evolution of synthetic biology and bioengineering and appropriate mechanisms for managing such technology related to national security and defense.

Inserted: (J) Any other matters the Commission deems relevant to the common defense of the Nation.

Inserted: (g) Powers of Commission.--

Inserted: (1) In general.--(A) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section--

Inserted: (i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and

Inserted: (ii) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary.

Inserted: (B) Subpoenas may be issued under subparagraph (A)(ii) under the signature of the co-chairs of the Commission, and may be served by any person designated by such co-chairs.

Inserted: (C) The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section.

Inserted: (2) Contracting.--The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.

Inserted: (3) Information from federal agencies.--(A) The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title.

Inserted: (B) Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission.

Inserted: (C) The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable statutes and regulations.

Inserted: (4) Assistance from federal agencies.--(A) The Secretary of Defense 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 title.

Inserted: (B) The Director of National Intelligence may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request.

Inserted: (C) In addition to the assistance set forth in paragraphs (1) and (2), other departments and agencies of the United States 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.

Inserted: (D) The Commission shall receive the full and timely cooperation of any official, department, or agency of the United States Government whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses.

Inserted: (5) Postal services.--The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States.

Inserted: (6) Gifts.--No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission.

Inserted: (h) Staff of Commission.--

Inserted: (1) In general.--(A) The co-chairs of the Commission, in accordance with rules agreed upon 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.

Inserted: (B) Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

Inserted: (C) All staff of the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.

Inserted: (2) Consultant services.--(A) The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.

Inserted: (B) All experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.

Inserted: (i) Compensation and Travel Expenses.--

Inserted: (1) Compensation.--(A) Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title.

Inserted: (B) Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission.

Inserted: (2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.

Inserted: (j) Treatment of Information Relating to National Security.--

Inserted: (1) In general.--(A) The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title.

Inserted: (B) Any information related to the national security of the United States that is provided to the Commission by a congressional intelligence committees or the congressional armed services committees may not be further provided or released without the approval of the chairman of such committees.

Inserted: (2) Access after termination of commission.--Notwithstanding any other provision of law, after the termination of the Commission under subsection (k)(2), only the members and designated staff of the congressional intelligence committees, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.

Inserted: (k) Reports; Termination.--

Inserted: (1) Initial report.--Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the President and Congress an initial report on the findings of the Commission and such recommendations that the Commission may have for action by the executive branch and Congress related to synthetic biology, bioengineering, and associated technologies, including recommendations to more effectively organize the Federal Government.

Inserted: (2) Annual comprehensive reports.--Not later than one year after the date of this enactment of this Act, and every year thereafter annually, until the date specified in subsection (e), the Commission shall submit a comprehensive report on the review required under subsection (b).

Inserted: (3) Termination.--The Commission, and all the authorities of this section, shall terminate on October 1, 2023.

Inserted: (l) Assessments of Annual Comprehensive Reports.--Not later than 60 days after receipt of the annual comprehensive report(s) under subsection (k)(2), the Secretary of Defense, the Secretary of Commerce, the Secretary of Health and Human Services, and the Director of National Intelligence shall each submit to congress an assessment by the Director or the Secretary, as the case may be, of the final report. Each assessment shall include such comments on the findings and recommendations contained in the final report as the Director or Secretary, as the case may be, considers appropriate.

Inserted: (m) Inapplicability of Certain Administrative Provisions.--

Inserted: (1) Federal advisory committee act.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section.

Inserted: (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 under this section.

Inserted: (n) Funding.--

Inserted: (1) In general.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for admin & servicewide activities, Office of the Secretary of Defense, line 540, is hereby increased by $10,000,000 (to be made available in support of the Commission under this subtitle).

Inserted: (2) Availability.--Subject to paragraph (1), the Secretary of Defense shall make available to the Commission such amounts as the Commission may require for purposes of the activities of the Commission under this section.

Inserted: (3) Duration of availability.--Amounts made available to the Commission under paragraph (2) shall remain available until expended.

Inserted: (4) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Defense Health Program, for Private Sector Care, as specified in the corresponding funding table in section 4501, is hereby reduced by $10,000,000.

Inserted: (o) Definitions.--In this section--

Inserted: (1) Synthetic biology.--The term "synthetic biology" means the design and construction of new biological parts devices and systems and the re-design of existing, natural biological systems for useful purposes.

Inserted: (2) Biomanufacturing.--The term "biomanufacturing" means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale.

Inserted: (3) Bioengineering.--The term "bioengineering" means the application of engineering design principles and practices to biological systems, including molecular and cellular systems, to advance fundamental understanding of complex natural systems and to enable novel or optimize functions and capabilities.

Inserted: amendment no. 141 offered by mr. gallagher of wisconsin Add at the appropriate place in title LX the following new section:

Inserted: SEC. 60__. REQUIREMENTS RELATING TO UNMANNED AIRCRAFT SYSTEMS.

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

Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

Inserted: (A) the congressional defense committees;

Inserted: (B) the Committee on Science, Space, and Technology, and the Committee on Transportation and Infrastructure of the House of Representatives; and

Inserted: (C) the Committee on Commerce, Science, and Transportation of the Senate.

Inserted: (2) Covered foreign entity.--The term "covered foreign entity" means an entity included on a list developed and maintained by the Federal Acquisition Security Council that includes entities in the following categories:

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

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

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

Inserted: (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.

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

Inserted: (3) Executive agency.--The term "executive agency" has the meaning given that term in section 133 of title 41, United States Code.

Inserted: (4) Unmanned aircraft system; uas.--Except as otherwise provided, the terms "unmanned aircraft system" and "UAS" mean an unmanned aircraft and associated elements (consisting of communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.

Inserted: (b) Prohibition on Procurement of Unmanned Aircraft Systems From Covered Foreign Entities.--

Inserted: (1) In general.--Except as provided under paragraphs (2) and (3), the head of an executive agency may not procure any unmanned aircraft system that is manufactured, assembled, designed, or patented by a covered foreign entity that are required for the operator to operate safely and efficiently 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.

Inserted: (2) Exemption.--The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under paragraph (1) if the operation or procurement--

Inserted: (A) is for the sole purposes of research, evaluation, training, testing, or analysis for--

Inserted: (i) electronic warfare;

Inserted: (ii) information warfare operations;

Inserted: (iii) development of UAS or counter-UAS technology;

Inserted: (iv) counterterrorism or counterintelligence activities; or

Inserted: (v) Federal criminal investigations, including forensic examinations; and

Inserted: (B) is required in the national interest of the United States.

Inserted: (3) Waiver.--The head of an executive agency may waive the prohibition under paragraph (1)--

Inserted: (A) with the approval of the Secretary of Homeland Security or the Secretary of Defense; and

Inserted: (B) upon notification to Congress.

Inserted: (c) Prohibition on Operation of Unmanned Aircraft Systems From Covered Foreign Entities.--

Inserted: (1) Prohibition.--

Inserted: (A) In general.--Beginning on the date that is 2 years after the date of the enactment of this Act, an executive agency may not operate an unmanned aircraft system manufactured, assembled, designed, or patented by a covered foreign entity.

Inserted: (B) Applicability to contracted services.--The prohibition under subparagraph (A) applies to any unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of unmanned aircraft systems.

Inserted: (2) Exemption.--The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under paragraph (1) if the operation or procurement--

Inserted: (A) is for the sole purposes of research, evaluation, training, testing, or analysis for--

Inserted: (i) electronic warfare;

Inserted: (ii) information warfare operations;

Inserted: (iii) development of UAS or counter-UAS technology;

Inserted: (iv) counterterrorism or counterintelligence activities; or

Inserted: (v) Federal criminal investigations, including forensic examinations; and

Inserted: (B) is required in the national interest of the United States.

Inserted: (3) Waiver.--The head of an executive agency may waive the prohibition under paragraph (1) on a case-by-case basis--

Inserted: (A) with the approval of the Secretary of Homeland Security or the Secretary of Defense; and

Inserted: (B) upon notification to Congress.

Inserted: (4) Regulations and guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations or guidance to implement this section.

Inserted: (d) Prohibition on Use of Federal Funds for Purchases and Operation of Unmanned Aircraft Systems From Covered Foreign Entities.--

Inserted: (1) In general.--Beginning on the date that is 2 years after the date of the enactment of this Act, except as provided in paragraphs (2) and (3), Federal funds awarded through a contract, grant, or cooperative agreement entered into on or after such effective date, or otherwise made available, may not be used--

Inserted: (A) to purchase a unmanned aircraft system, or a system to counter unmanned aircraft systems, that is manufactured, assembled, designed, or patented by a covered foreign entity; or

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

Inserted: (2) Exemption.--An executive agency is exempt from the restriction under paragraph (1) if the operation or procurement is for the sole purposes of research, evaluation, training, testing, or analysis, as determined by the Secretary of Homeland Security, the Secretary of Defense, or the Attorney General, for--

Inserted: (A) electronic warfare;

Inserted: (B) information warfare operations;

Inserted: (C) development of UAS or counter-UAS technology;

Inserted: (D) counterterrorism or counterintelligence activities;

Inserted: (E) Federal criminal investigations, including forensic examinations; or

Inserted: (F) the safe integration of UAS in the national airspace (as determined in consultation with the Secretary of Transportation); and

Inserted: (G) is required in the national interest of the United States.

Inserted: (3) Waiver.--The head of an executive agency may waive the prohibition under paragraph (1) on a case-by-case basis--

Inserted: (A) with the approval of the Secretary of Homeland Security or the Secretary of Defense; and

Inserted: (B) upon notification to Congress.

Inserted: (4) 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 relating to Federal contracts.

Inserted: (e) Prohibition on Use of Government-issued Purchase Cards to Purchase Unmanned Aircraft Systems From Covered Foreign Entities.--Effective immediately, Government-issued Purchase Cards may not be used to procure any unmanned aircraft system from a covered foreign entity.

Inserted: (f) Management of Existing Inventories of Unmanned Aircraft Systems From Covered Foreign Entities.--

Inserted: (1) In general.--Effective immediately, all executive agencies must account for existing inventories of unmanned aircraft systems manufactured, assembled, designed, or patented by a covered foreign entity in their personal property accounting systems, 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.

Inserted: (2) Classified tracking.--Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to unmanned aircraft systems manufactured, assembled, designed, or patented by a covered foreign entity may be tracked at a classified level.

Inserted: (3) Exceptions.--The Department of Defense and Department of Homeland Security may exclude from the full inventory process, unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues or that are one-time-use unmanned aircraft system due to requirements and low cost.

Inserted: (g) 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 unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities.

Inserted: (h) Government-wide Policy for Procurement of Unmanned Aircraft Systems.--

Inserted: (1) 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 UAS--