Amendments en bloc No. 4 comprised of amendments numbered 383, 385, 386, 387, 388, 389, 390, 393, 394, 396, 397, 398, 400, 401, 402, 403, 404, 405, 407, 408, 409, 411, 412, 414, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 438, 439, 441, 442, 443, 445, 449, 450, 452, 453, 457, 458, 459, 460, 462, 463, 464, 466, 467, 468, 469. 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, and 542, printed in Part A of House Report 117-405.

Inserted: (A) In general.--The amendments made by this section shall be effective as if included in the Child Status Protection Act (Public Law 107-208).

Inserted: (B) Motion to reopen or reconsider.--

Inserted: (i) In general.--A motion to reopen or reconsider the denial of a petition or application described in paragraph (6) of section 101(b), as amended in paragraph (1), may be granted if--

Inserted: (I) such petition or application would have been approved if the amendments described in such paragraph had been in effect at the time of adjudication of the petition or application;

Inserted: (II) the individual seeking relief pursuant to such motion was in the United States at the time the underlying petition or application was filed; and

Inserted: (III) such motion is filed with the Secretary of Homeland Security or the Attorney General not later than the date that is 2 years after the date of the enactment of this Act.

Inserted: (ii) Numerical limitations.--Notwithstanding any other provision of law, an individual granted relief pursuant to such motion to reopen or reconsider shall be exempt from numerical limitations in sections 201, 202, and 203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153).

Inserted: (b) Age Out Protections for Nonimmigrant Dependent Children.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:

Inserted: "(s)(1) Except as described in paragraph (2), the determination of whether an alien who is the derivative beneficiary of a properly filed pending or approved immigrant petition under section 204 is eligible to be a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or approved application under section 101(a)(15)(E), shall be based on whether the alien is determined to be a child under section 101(b)(6) of the Immigration and Nationality Act.

Inserted: "(2) If otherwise eligible, an alien who is determined to be a child pursuant to section 101(b)(6)(D) may change status to or extend status as a dependent child of a nonimmigrant with an approved employment based petition under this section or an approved application under section 101(a)(15)(E), notwithstanding such alien's marital status.

Inserted: "(3) An alien who is admitted to the United States as a dependent child of a nonimmigrant who is described in this section is authorized to engage in employment in the United States incident to status.".

Inserted: (c) Priority Date Retention.--Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended to read as follows:

Inserted: "(h) Retention of Priority Dates.--

Inserted: "(1) Priority date.--The priority date for an alien shall be the date that is the earliest of--

Inserted: "(A) the date that a petition under section 204 is filed with the Secretary of Homeland Security (or the Secretary of State, if applicable); or

Inserted: "(B) the date on which a labor certification is filed with the Secretary of Labor.

Inserted: "(2) Retention.--The principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification and such priority date shall be applicable to any subsequently approved petition.".

Inserted: SEC. 28__. MEDICARE IMPROVEMENT FUND.

Inserted: Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking "$7,500,000,000" and inserting "$7,279,000,000".

Inserted: Amendment No. 404 Offered by Mr. Cicilline of Rhode Island

Inserted: Amendment No. 405 Offered by Mr. Pappas of New Hampshire

Inserted: (C) During calendar year 2026.--Not later than December 31, 2026, for the following point source categories:

Inserted: (i) Leather tanning and finishing, as identified in part 425 of title 40, Code of Federal Regulations (or successor regulations).

Inserted: (ii) Paint formulating, as identified in part 446 of title 40, Code of Federal Regulations (or successor regulations).

Inserted: (iii) Plastics molding and forming, as identified in part 463 of title 40, Code of Federal Regulations (or successor regulations).

Inserted: (b) Additional Monitoring Requirements.--

Inserted: (1) In general.--Effective beginning on the date of enactment of this Act, the Administrator shall require monitoring of the discharges (including discharges into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances for the point source categories and entities described in paragraph (2). The monitoring requirements under this paragraph shall be included in any permits issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) after the date of enactment of this Act.

Inserted: (2) Categories described.--The point source categories and entities referred to in paragraphs (1) and (3) are each of the following:

Inserted: (A) Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations (or successor regulations).

Inserted: (B) Airports (as defined in section 47102 of title 49, United States Code).

Inserted: (3) Determination.--

Inserted: (A) In general.--Not later than December 31, 2023, the Administrator shall make a determination--

Inserted: (i) to commence developing effluent limitations and standards for the point source categories and entities listed in paragraph (2); or

Inserted: (ii) that effluent limitations and standards are not feasible for those point source categories and entities, including an explanation of the reasoning for this determination.

Inserted: (B) Requirement.--Any effluent limitations and standards for the point source categories and entities listed in paragraph (2) shall be published in the Federal Register by not later than December 31, 2027.

Inserted: (c) Notification.--The Administrator shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each publication made under this section.

Inserted: (d) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for fiscal year 2023, to remain available until expended.

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

Inserted: (1) The term "Administrator" means the Administrator of the Environmental Protection Agency.

Inserted: (2) The term "effluent limitation" has the meaning given the term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).

Inserted: (3) The term "measurable", with respect to a chemical substance or class of chemical substances, means capable of being measured using test procedures established under section 304(h) of the Federal Water Pollution Control Act (33 U.S.C. 1314(h)).

Inserted: (4) The term "perfluoroalkyl substance" means a chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

Inserted: (5) The term "polyfluoroalkyl substance" means a chemical containing at least 1 fully fluorinated carbon atom and at least 1 carbon atom that is not a fully fluorinated carbon atom.

Inserted: (6) The term "treatment works" has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).

Inserted: Amendment No. 407 Offered by Mr. Golden of Maine

Inserted: (iii) by inserting "that is in effect as of the date of the enactment of the Advancing Equality for Wabanaki Nations Act, (2)" after "United States (1)";

Inserted: (iv) by striking "also (2)" and inserting "also (3)"; and

Inserted: (v) by striking "within the State" and inserting "within the State, unless Federal law or the State laws of Maine provide for the application of such Federal law or regulation".

Inserted: (b) Implementation of the Indian Child Welfare Act.--Section 8 of the Maine Indian Claims Settlement Act of 1980 (Public Law 96-420) is amended--

Inserted: (1) in subsection (a)--

Inserted: (A) by striking "or" after "Passamaquoddy Tribe" and inserting a comma;

Inserted: (B) by inserting ", the Houlton Band of Maliseet Indians, or the Mi'kmaq Nation" after "Penobscot Nation"; and

Inserted: (C) in the second sentence, by striking "respective tribe or nation" each place it appears and inserting "respective tribe, nation, or band";

Inserted: (2) in subsection (b)--

Inserted: (A) by striking "or" after "Passamaquoddy Tribe" and inserting a comma; and

Inserted: (B) by inserting ", the Houlton Band of Maliseet Indians, or the Mi'kmaq Nation" after "Penobscot Nation";

Inserted: (3) by striking subsection (e);

Inserted: (4) by redesignating subsection (f) as subsection (e); and

Inserted: (5) in subsection (e), as so redesignated--

Inserted: (A) by striking "or" after "Passamaquoddy Tribe" and inserting a comma;

Inserted: (B) by inserting ", the Houlton Band of Maliseet Indians, or the Mi'kmaq Nation" after "Penobscot Nation"; and

Inserted: (C) by striking "or nation" and inserting ", nation, or band".

Inserted: (c) Construction.--Section 16 of the Maine Indian Claims Settlement Act of 1980 (Public Law 96-420) is amended--

Inserted: (1) by striking "(a)" at the beginning; and

Inserted: (2) by striking subsection (b).

Inserted: (d) Aroostook Band of Micmacs Settlement Act.--Section 8 of the Aroostook Band of Micmacs Settlement Act (Public Law 102-171) is repealed.

Inserted: Amendment No. 408 Offered by Mr. Perlmutter of Colorado

Inserted: Sec. 5429. GAO study on diversity and inclusion.

Inserted: Sec. 5430. GAO study on effectiveness of certain reports on finding certain persons.

Inserted: Sec. 5431. Application of this subtitle with respect to hemp-related legitimate businesses and hemp-related service providers.

Inserted: Sec. 5432. Banking services for hemp-related legitimate businesses and hemp-related service providers.

Inserted: Sec. 5433. Requirements for deposit account termination requests and orders.

Inserted: Sec. 5434. Definitions.

Inserted: Sec. 5435. Discretionary surplus funds.

Inserted: (c) Purpose.--The purpose of this subtitle is to increase public safety by ensuring access to financial services to cannabis-related legitimate businesses and service providers and reducing the amount of cash at such businesses.

Inserted: SEC. 5422. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.

Inserted: (a) In General.--A Federal banking regulator may not--

Inserted: (1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), the Federal Credit Union Act (12 U.S.C. 1751 et seq.), or take any other adverse action against a depository institution under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) solely because the depository institution provides or has provided financial services to a cannabis-related legitimate business or service provider;

Inserted: (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a cannabis-related legitimate business or service provider or to a State, political subdivision of a State, or Indian Tribe that exercises jurisdiction over cannabis-related legitimate businesses;

Inserted: (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder solely because--

Inserted: (A) the account holder is a cannabis-related legitimate business or service provider, or is an employee, owner, or operator of a cannabis-related legitimate business or service provider;

Inserted: (B) the account holder later becomes an employee, owner, or operator of a cannabis-related legitimate business or service provider; or

Inserted: (C) the depository institution was not aware that the account holder is an employee, owner, or operator of a cannabis-related legitimate business or service provider;

Inserted: (4) take any adverse or corrective supervisory action on a loan made to--

Inserted: (A) a cannabis-related legitimate business or service provider, solely because the business is a cannabis-related legitimate business or service provider;

Inserted: (B) an employee, owner, or operator of a cannabis-related legitimate business or service provider, solely because the employee, owner, or operator is employed by, owns, or operates a cannabis-related legitimate business or service provider, as applicable; or

Inserted: (C) an owner or operator of real estate or equipment that is leased to a cannabis-related legitimate business or service provider, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business or service provider, as applicable; or

Inserted: (5) prohibit or penalize a depository institution (or entity performing a financial service for or in association with a depository institution) for, or otherwise discourage a depository institution (or entity performing a financial service for or in association with a depository institution) from, engaging in a financial service for a cannabis-related legitimate business or service provider.

Inserted: (b) Safe Harbor Applicable to De Novo Institutions.--Subsection (a) shall apply to an institution applying for a depository institution charter to the same extent as such subsection applies to a depository institution.

Inserted: SEC. 5423. PROTECTIONS FOR ANCILLARY BUSINESSES.

Inserted: For the purposes of sections 1956 and 1957 of title 18, United States Code, and all other provisions of Federal law, the proceeds from a transaction involving activities of a cannabis-related legitimate business or service provider shall not be considered proceeds from an unlawful activity solely because--

Inserted: (1) the transaction involves proceeds from a cannabis-related legitimate business or service provider; or

Inserted: (2) the transaction involves proceeds from--

Inserted: (A) cannabis-related activities described in section 5434(4)(B) conducted by a cannabis-related legitimate business; or

Inserted: (B) activities described in section 5434(13)(A) conducted by a service provider.

Inserted: SEC. 5424. PROTECTIONS UNDER FEDERAL LAW.

Inserted: (a) In General.--With respect to providing a financial service to a cannabis-related legitimate business (where such cannabis-related legitimate business operates within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable) or a service provider (wherever located), a depository institution, entity performing a financial service for or in association with a depository institution, or insurer that provides a financial service to a cannabis-related legitimate business or service provider, and the officers, directors, and employees of that depository institution, entity, or insurer may not be held liable pursuant to any Federal law or regulation--

Inserted: (1) solely for providing such a financial service; or

Inserted: (2) for further investing any income derived from such a financial service.

Inserted: (b) Protections for Federal Reserve Banks and Federal Home Loan Banks.--With respect to providing a service to a depository institution that provides a financial service to a cannabis-related legitimate business (where such cannabis-related legitimate business operates within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable) or service provider (wherever located), a Federal reserve bank or Federal Home Loan Bank, and the officers, directors, and employees of the Federal reserve bank or Federal Home Loan Bank, may not be held liable pursuant to any Federal law or regulation--

Inserted: (1) solely for providing such a service; or

Inserted: (2) for further investing any income derived from such a service.

Inserted: (c) Protections for Insurers.--With respect to engaging in the business of insurance within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable, an insurer that engages in the business of insurance with a cannabis-related legitimate business or service provider or who otherwise engages with a person in a transaction permissible under State law related to cannabis, and the officers, directors, and employees of that insurer may not be held liable pursuant to any Federal law or regulation--

Inserted: (1) solely for engaging in the business of insurance; or

Inserted: (2) for further investing any income derived from the business of insurance.

Inserted: (d) Forfeiture.--

Inserted: (1) Depository institutions.--A depository institution that has a legal interest in the collateral for a loan or another financial service provided to an owner, employee, or operator of a cannabis-related legitimate business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service.

Inserted: (2) Federal reserve banks and federal home loan banks.--A Federal reserve bank or Federal Home Loan Bank that has a legal interest in the collateral for a loan or another financial service provided to a depository institution that provides a financial service to a cannabis-related legitimate business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service.

Inserted: SEC. 5425. RULES OF CONSTRUCTION.

Inserted: (a) No Requirement to Provide Financial Services.--Nothing in this subtitle shall require a depository institution, entity performing a financial service for or in association with a depository institution, or insurer to provide financial services to a cannabis-related legitimate business, service provider, or any other business.

Inserted: (b) General Examination, Supervisory, and Enforcement Authority.--Nothing in this subtitle may be construed in any way as limiting or otherwise restricting the general examination, supervisory, and enforcement authority of the Federal banking regulators, provided that the basis for any supervisory or enforcement action is not the provision of financial services to a cannabis-related legitimate business or service provider.

Inserted: (c) Business of Insurance.--Nothing in this subtitle shall interfere with the regulation of the business of insurance in accordance with the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the "McCarran-Ferguson Act") and the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).

Inserted: SEC. 5426. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.

Inserted: Section 5318(g) of title 31, United States Code, is amended by adding at the end the following:

Inserted: "(5) Requirements for cannabis-related legitimate businesses.--

Inserted: "(A) In general.--With respect to a financial institution or any director, officer, employee, or agent of a financial institution that reports a suspicious transaction pursuant to this subsection, if the reason for the report relates to a cannabis-related legitimate business or service provider, the report shall comply with appropriate guidance issued by the Financial Crimes Enforcement Network. Not later than the end of the 180-day period beginning on the date of enactment of this paragraph, the Secretary shall update the February 14, 2014, guidance titled 'BSA Expectations Regarding Marijuana-Related Businesses' (FIN-2014-G001) to ensure that the guidance is consistent with the purpose and intent of the SAFE Banking Act of 2022 and does not significantly inhibit the provision of financial services to a cannabis-related legitimate business or service provider in a State, political subdivision of a State, or Indian country that has allowed the cultivation, production, manufacture, transportation, display, dispensing, distribution, sale, or purchase of cannabis pursuant to law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country.

Inserted: "(B) Definitions.--For purposes of this paragraph:

Inserted: "(i) Cannabis.--The term 'cannabis' has the meaning given the term 'marihuana' in section 102 of the Controlled Substances Act (21 U.S.C. 802).

Inserted: "(ii) Cannabis-related legitimate business.--The term 'cannabis-related legitimate business' has the meaning given that term in section 5434 of the SAFE Banking Act of 2022.

Inserted: "(iii) Indian country.--The term 'Indian country' has the meaning given that term in section 1151 of title 18.

Inserted: "(iv) Indian tribe.--The term 'Indian Tribe' has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).

Inserted: "(v) Financial service.--The term 'financial service' has the meaning given that term in section 5434 of the SAFE Banking Act of 2022.

Inserted: "(vi) Service provider.--The term 'service provider' has the meaning given that term in section 5434 of the SAFE Banking Act of 2022.

Inserted: "(vii) State.--The term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.".

Inserted: SEC. 5427. GUIDANCE AND EXAMINATION PROCEDURES.

Inserted: Not later than 180 days after the date of enactment of this Act, the Financial Institutions Examination Council shall develop uniform guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses and service providers.

Inserted: SEC. 5428. ANNUAL DIVERSITY AND INCLUSION REPORT.

Inserted: The Federal banking regulators shall issue an annual report to Congress containing--

Inserted: (1) information and data on the availability of access to financial services for minority-owned and women-owned cannabis-related legitimate businesses; and

Inserted: (2) any regulatory or legislative recommendations for expanding access to financial services for minority-owned and women-owned cannabis-related legitimate businesses.

Inserted: SEC. 5429. GAO STUDY ON DIVERSITY AND INCLUSION.

Inserted: (a) Study.--The Comptroller General of the United States shall carry out a study on the barriers to marketplace entry, including in the licensing process, and the access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.

Inserted: (b) Report.--The Comptroller General shall issue a report to the Congress--

Inserted: (1) containing all findings and determinations made in carrying out the study required under subsection (a); and

Inserted: (2) containing any regulatory or legislative recommendations for removing barriers to marketplace entry, including in the licensing process, and expanding access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.

Inserted: SEC. 5430. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING CERTAIN PERSONS.

Inserted: Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall carry out a study on the effectiveness of reports on suspicious transactions filed pursuant to section 5318(g) of title 31, United States Code, at finding individuals or organizations suspected or known to be engaged with transnational criminal organizations and whether any such engagement exists in a State, political subdivision, or Indian Tribe that has jurisdiction over Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis. The study shall examine reports on suspicious transactions as follows:

Inserted: (1) During the period of 2014 until the date of the enactment of this Act, reports relating to marijuana-related businesses.

Inserted: (2) During the 1-year period after date of the enactment of this Act, reports relating to cannabis-related legitimate businesses.

Inserted: SEC. 5431. APPLICATION OF THIS SUBTITLE WITH RESPECT TO HEMP-RELATED LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.

Inserted: (a) In General.--The provisions of this subtitle (other than sections 5426 and 5430) shall apply with respect to hemp-related legitimate businesses and hemp-related service providers in the same manner as such provisions apply with respect to cannabis-related legitimate businesses and service providers.

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

Inserted: (1) CBD.--The term "CBD" means cannabidiol.

Inserted: (2) Hemp.--The term "hemp" has the meaning given that term under section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o).

Inserted: (3) Hemp-related legitimate business.--The term "hemp-related legitimate business" means a manufacturer, producer, or any person or company that--

Inserted: (A) engages in any activity described in subparagraph (B) in conformity with the Agricultural Improvement Act of 2018 (Public Law 115-334) and the regulations issued to implement such Act by the Department of Agriculture, where applicable, and the law of a State or political subdivision thereof or Indian Tribe; and

Inserted: (B) participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products, including cultivating, producing, extracting, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products.

Inserted: (4) Hemp-related service provider.--The term "hemp-related service provider"--

Inserted: (A) means a business, organization, or other person that--

Inserted: (i) sells goods or services to a hemp-related legitimate business; or

Inserted: (ii) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products; and

Inserted: (B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products.

Inserted: SEC. 5432. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.

Inserted: (a) Findings.--The Congress finds that--

Inserted: (1) the Agriculture Improvement Act of 2018 (Public Law 115-334) legalized hemp by removing it from the definition of "marihuana" under the Controlled Substances Act;

Inserted: (2) despite the legalization of hemp, some hemp businesses (including producers, manufacturers, and retailers) continue to have difficulty gaining access to banking products and services; and

Inserted: (3) businesses involved in the sale of hemp-derived CBD products are particularly affected, due to confusion about the legal status of such products.

Inserted: (b) Federal Banking Regulators' Hemp Banking Guidance.--Not later than the end of the 90-day period beginning on the date of enactment of this Act, the Federal banking regulators shall update their existing guidance, as applicable, regarding the provision of financial services to hemp-related legitimate businesses and hemp-related service providers to address--

Inserted: (1) compliance with financial institutions' existing obligations under Federal laws and implementing regulations determined relevant by the Federal banking regulators, including subchapter II of chapter 53 of title 31, United States Code, and its implementing regulation in conformity with this subtitle and the Department of Agriculture's rules regulating domestic hemp production (7 CFR 990); and

Inserted: (2) best practices for financial institutions to follow when providing financial services, including processing payments, to hemp-related legitimate businesses and hemp-related service providers.

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

Inserted: (1) Financial institution.--The term "financial institution"--

Inserted: (A) has the meaning given that term under section 5312(a) of title 31, United States Code; and

Inserted: (B) includes a bank holding company, as defined under section 2(a) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(a)).

Inserted: (2) Hemp terms.--The terms "CBD", "hemp", "hemp-related legitimate business", and "hemp-related service provider" have the meaning given those terms, respectively, under section 5431.

Inserted: SEC. 5433. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND ORDERS.

Inserted: (a) Termination Requests or Orders Must Be Valid.--

Inserted: (1) In general.--An appropriate Federal banking agency may not formally or informally request or order a depository institution to terminate a specific customer account or group of customer accounts or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer or group of customers unless--

Inserted: (A) the agency has a valid reason for such request or order; and

Inserted: (B) such reason is not based solely on reputation risk.

Inserted: (2) Treatment of national security threats.--If an appropriate Federal banking agency believes a specific customer or group of customers is, or is acting as a conduit for, an entity which--

Inserted: (A) poses a threat to national security;

Inserted: (B) is involved in terrorist financing;

Inserted: (C) is an agency of the Government of Iran, North Korea, Syria, or any country listed from time to time on the State Sponsors of Terrorism list;

Inserted: (D) is located in, or is subject to the jurisdiction of, any country specified in subparagraph (C); or

Inserted: (E) does business with any entity described in subparagraph (C) or (D), unless the appropriate Federal banking agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described in subparagraph (C) or (D), such belief shall satisfy the requirement under paragraph (1).

Inserted: (b) Notice Requirement.--

Inserted: (1) In general.--If an appropriate Federal banking agency formally or informally requests or orders a depository institution to terminate a specific customer account or a group of customer accounts, the agency shall--

Inserted: (A) provide such request or order to the institution in writing; and

Inserted: (B) accompany such request or order with a written justification for why such termination is needed, including any specific laws or regulations the agency believes are being violated by the customer or group of customers, if any.

Inserted: (2) Justification requirement.--A justification described under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution.

Inserted: (c) Customer Notice.--

Inserted: (1) Notice required.--Except as provided under paragraph (2) or as otherwise prohibited from being disclosed by law, if an appropriate Federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the specific customer or group of customers of the justification for the customer's account termination described under subsection (b).

Inserted: (2) Notice prohibited.--

Inserted: (A) Notice prohibited in cases of national security.--If an appropriate Federal banking agency requests or orders a depository institution to terminate a specific customer account or a group of customer accounts based on a belief that the customer or customers pose a threat to national security, or are otherwise described under subsection (a)(2), neither the depository institution nor the appropriate Federal banking agency may inform the customer or customers of the justification for the customer's account termination.

Inserted: (B) Notice prohibited in other cases.--If an appropriate Federal banking agency determines that the notice required under paragraph (1) may interfere with an authorized criminal investigation, neither the depository institution nor the appropriate Federal banking agency may inform the specific customer or group of customers of the justification for the customer's account termination.

Inserted: (d) Reporting Requirement.--Each appropriate Federal banking agency shall issue an annual report to the Congress stating--

Inserted: (1) the aggregate number of specific customer accounts that the agency requested or ordered a depository institution to terminate during the previous year; and

Inserted: (2) the legal authority on which the agency relied in making such requests and orders and the frequency on which the agency relied on each such authority.

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

Inserted: (1) Appropriate federal banking agency.--The term "appropriate Federal banking agency" means--

Inserted: (A) the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

Inserted: (B) the National Credit Union Administration, in the case of an insured credit union.

Inserted: (2) Depository institution.--The term "depository institution" means--

Inserted: (A) a depository institution, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

Inserted: (B) an insured credit union.

Inserted: SEC. 5434. DEFINITIONS.

Inserted: In this subtitle:

Inserted: (1) Business of insurance.--The term "business of insurance" has the meaning given such term in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481).

Inserted: (2) Cannabis.--The term "cannabis" has the meaning given the term "marihuana" in section 102 of the Controlled Substances Act (21 U.S.C. 802).

Inserted: (3) Cannabis product.--The term "cannabis product" means any article which contains cannabis, including an article which is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical.

Inserted: (4) Cannabis-related legitimate business.--The term "cannabis-related legitimate business" means a manufacturer, producer, or any person or company that--

Inserted: (A) engages in any activity described in subparagraph (B) pursuant to a law established by a State or a political subdivision of a State, as determined by such State or political subdivision; and

Inserted: (B) participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products.

Inserted: (5) Depository institution.--The term "depository institution" means--

Inserted: (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));

Inserted: (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or

Inserted: (C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).

Inserted: (6) Federal banking regulator.--The term "Federal banking regulator" means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the Financial Crimes Enforcement Network, the Office of Foreign Asset Control, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Department of the Treasury, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury.

Inserted: (7) Financial service.--The term "financial service"--

Inserted: (A) means a financial product or service, as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481), regardless if the customer receiving the product or service is a consumer or commercial entity;

Inserted: (B) means a financial product or service, or any combination of products and services, permitted to be provided by--

Inserted: (i) a national bank or a financial subsidiary pursuant to the authority provided under--

Inserted: (I) the provision designated "Seventh" of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24); or

Inserted: (II) section 5136A of the Revised Statutes of the United States (12 U.S.C. 24a); and

Inserted: (ii) a Federal credit union, pursuant to the authority provided under the Federal Credit Union Act;

Inserted: (C) includes the business of insurance;

Inserted: (D) includes, whether performed directly or indirectly, the authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting, or otherwise effectuating or facilitating of payments or funds, where such payments or funds are made or transferred by any means, including by the use of credit cards, debit cards, other payment cards, or other access devices, accounts, original or substitute checks, or electronic funds transfers;

Inserted: (E) includes acting as a money transmitting business which directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a cannabis-related legitimate business or service provider in compliance with section 5330 of title 31, United States Code, and any applicable State law; and

Inserted: (F) includes acting as an armored car service for processing and depositing with a depository institution or a Federal reserve bank with respect to any monetary instruments (as defined under section 1956(c)(5) of title 18, United States Code.

Inserted: (8) Indian country.--The term "Indian country" has the meaning given that term in section 1151 of title 18.

Inserted: (9) Indian tribe.--The term "Indian Tribe" has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).

Inserted: (10) Insurer.--The term "insurer" has the meaning given that term under section 313(r) of title 31, United States Code.

Inserted: (11) Manufacturer.--The term "manufacturer" means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products.

Inserted: (12) Producer.--The term "producer" means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis.

Inserted: (13) Service provider.--The term "service provider"--

Inserted: (A) means a business, organization, or other person that--

Inserted: (i) sells goods or services to a cannabis-related legitimate business; or

Inserted: (ii) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and

Inserted: (B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products.

Inserted: (14) State.--The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

Inserted: SEC. 5435. DISCRETIONARY SURPLUS FUNDS.

Inserted: Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure by $6,000,000.

Inserted: Amendment No. 409 Offered by Ms. Clark of Massachusetts

Inserted: (J) the United States should compensate the victims of the Hermit's Peak/Calf Canyon Fire.

Inserted: (2) Purposes.--The purposes of this section are--

Inserted: (A) to compensate victims of the Hermit's Peak/Calf Canyon Fire, for injuries resulting from the fire; and

Inserted: (B) to provide for the expeditious consideration and settlement of claims for those injuries.

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

Inserted: (1) Administrator.--The term "Administrator" means--

Inserted: (A) the Administrator of the Federal Emergency Management Agency; or

Inserted: (B) if a Manager is appointed under subsection (c)(1)(C), the Manager.

Inserted: (2) Hermit's peak/calf canyon fire.--The term "Hermit's Peak/Calf Canyon Fire" means--

Inserted: (A) the fire resulting from the initiation by the Forest Service of a prescribed burn in the Santa Fe National Forest in San Miguel County, New Mexico, on April 6, 2022;

Inserted: (B) the pile burn holdover resulting from the prescribed burn by the Forest Service, which reemerged on April 19, 2022; and

Inserted: (C) the merger of the two fires described in subparagraphs (A) and (B), reported as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire.

Inserted: (3) Indian tribe.--The term "Indian Tribe" means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

Inserted: (4) Injured person.--The term "injured person" means--

Inserted: (A) an individual, regardless of the citizenship or alien status of the individual; or

Inserted: (B) an Indian Tribe, corporation, Tribal corporation, partnership, company, association, county, township, city, State, school district, or other non-Federal entity (including a legal representative) that suffered injury resulting from the Hermit's Peak/Calf Canyon Fire.

Inserted: (5) Injury.--The term "injury" has the same meaning as the term "injury or loss of property, or personal injury or death" as used in section 1346(b)(1) of title 28, United States Code.

Inserted: (6) Manager.--The term "Manager" means an Independent Claims Manager appointed under subsection (c)(1)(C).

Inserted: (7) Office.--The term "Office" means the Office of Hermit's Peak/Calf Canyon Fire Claims established by subsection (c)(1)(B).

Inserted: (8) Tribal entity.--The term "Tribal entity" includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304).

Inserted: (c) Compensation for Victims of Hermit's Peak/Calf Canyon Fire.--

Inserted: (1) In general.--

Inserted: (A) Compensation.--Each injured person shall be entitled to receive from the United States compensation for injury suffered by the injured person as a result of the Hermit's Peak/Calf Canyon Fire.

Inserted: (B) Office of hermit's peak/calf canyon fire claims.--

Inserted: (i) In general.--There is established within the Federal Emergency Management Agency an Office of Hermit's Peak/Calf Canyon Fire Claims.

Inserted: (ii) Purpose.--The Office shall receive, process, and pay claims in accordance with this section.

Inserted: (iii) Funding.--The Office--

Inserted: (I) shall be funded from funds made available to the Administrator under this section;

Inserted: (II) may appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service; and

Inserted: (III) may reimburse other Federal agencies for claims processing support and assistance.

Inserted: (C) Option to appoint independent claims manager.--The Administrator may appoint an Independent Claims Manager to--

Inserted: (i) head the Office; and

Inserted: (ii) assume the duties of the Administrator under this section.

Inserted: (2) Submission of claims.--Not later than 2 years after the date on which regulations are first promulgated under paragraph (6), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate.

Inserted: (3) Investigation of claims.--

Inserted: (A) In general.--The Administrator shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under paragraph (2).

Inserted: (B) Applicability of state law.--Except as otherwise provided in this section, the laws of the State of New Mexico shall apply to the calculation of damages under paragraph (4)(D).

Inserted: (C) Extent of damages.--Any payment under this section--

Inserted: (i) shall be limited to actual compensatory damages measured by injuries suffered; and

Inserted: (ii) shall not include--

Inserted: (I) interest before settlement or payment of a claim; or

Inserted: (II) punitive damages.

Inserted: (4) Payment of claims.--

Inserted: (A) Determination and payment of amount.--

Inserted: (i) In general.--

Inserted: (I) Payment.--Not later than 180 days after the date on which a claim is submitted under this section, the Administrator shall determine and fix the amount, if any, to be paid for the claim.

Inserted: (II) Priority.--The Administrator, to the maximum extent practicable, shall pay subrogation claims submitted under this section only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees.

Inserted: (ii) Parameters of determination.--In determining and settling a claim under this section, the Administrator shall determine only--

Inserted: (I) whether the claimant is an injured person;

Inserted: (II) whether the injury that is the subject of the claim resulted from the fire;

Inserted: (III) the amount, if any, to be allowed and paid under this section; and

Inserted: (IV) the person or persons entitled to receive the amount.

Inserted: (iii) Insurance and other benefits.--

Inserted: (I) In general.--In determining the amount of, and paying, a claim under this section, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim.

Inserted: (II) Government loans.--This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant.

Inserted: (B) Partial payment.--

Inserted: (i) In general.--At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable.

Inserted: (ii) Judicial decision.--If a claimant receives a partial payment on a claim under this section, but further payment on the claim is subsequently denied by the Administrator, the claimant may--

Inserted: (I) seek judicial review under paragraph (9); and

Inserted: (II) keep any partial payment that the claimant received, unless the Administrator determines that the claimant--

Inserted: (aa) was not eligible to receive the compensation; or

Inserted: (bb) fraudulently procured the compensation.

Inserted: (C) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in paragraph (1), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this section or any other law.

Inserted: (D) Allowable damages.--

Inserted: (i) Loss of property.--A claim that is paid for loss of property under this section may include otherwise uncompensated damages resulting from the Hermit's Peak/Calf Canyon Fire for--

Inserted: (I) an uninsured or underinsured property loss;

Inserted: (II) a decrease in the value of real property;

Inserted: (III) damage to physical infrastructure, including irrigation infrastructure such as acequia systems;

Inserted: (IV) a cost resulting from lost subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities conducted on land damaged by the Hermit's Peak/Calf Canyon Fire;

Inserted: (V) a cost of reforestation or revegetation on Tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; and

Inserted: (VI) any other loss that the Administrator determines to be appropriate for inclusion as loss of property.

Inserted: (ii) Business loss.--A claim that is paid for injury under this section may include damages resulting from the Hermit's Peak/Calf Canyon Fire for the following types of otherwise uncompensated business loss:

Inserted: (I) Damage to tangible assets or inventory.

Inserted: (II) Business interruption losses.

Inserted: (III) Overhead costs.

Inserted: (IV) Employee wages for work not performed.

Inserted: (V) Any other loss that the Administrator determines to be appropriate for inclusion as business loss.

Inserted: (iii) Financial loss.--A claim that is paid for injury under this section may include damages resulting from the Hermit's Peak/Calf Canyon Fire for the following types of otherwise uncompensated financial loss:

Inserted: (I) Increased mortgage interest costs.

Inserted: (II) An insurance deductible.

Inserted: (III) A temporary living or relocation expense.

Inserted: (IV) Lost wages or personal income.

Inserted: (V) Emergency staffing expenses.

Inserted: (VI) Debris removal and other cleanup costs.

Inserted: (VII) Costs of reasonable efforts, as determined by the Administrator, to reduce the risk of wildfire, flood, or other natural disaster in the counties impacted by the Hermit's Peak/Calf Canyon Fire to risk levels prevailing in those counties before the Hermit's Peak/Calf Canyon Fire, that are incurred not later than the date that is 3 years after the date on which the regulations under paragraph (6) are first promulgated.

Inserted: (VIII) A premium for flood insurance that is required to be paid on or before May 31, 2024, if, as a result of the Hermit's Peak/Calf Canyon Fire, a person that was not required to purchase flood insurance before the Hermit's Peak/Calf Canyon Fire is required to purchase flood insurance.

Inserted: (IX) A disaster assistance loan received from the Small Business Administration.

Inserted: (X) Any other loss that the Administrator determines to be appropriate for inclusion as financial loss.

Inserted: (5) Acceptance of award.--The acceptance by a claimant of any payment under this section, except an advance or partial payment made under paragraph (4)(B), shall--

Inserted: (A) be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; and

Inserted: (B) constitute a complete release of all claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the "Federal Tort Claims Act"), or any other Federal or State law, arising out of or relating to the same subject matter.

Inserted: (6) Regulations and public information.--

Inserted: (A) Regulations.--Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this section, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this section.

Inserted: (B) Public information.--

Inserted: (i) In general.--At the time at which the Administrator promulgates regulations under subparagraph (A), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of--

Inserted: (I) the rights conferred under this section; and

Inserted: (II) the procedural and other requirements of the regulations promulgated under subparagraph (A).

Inserted: (ii) Dissemination through other media.--The Administrator shall disseminate the explanation published under clause (i) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants.

Inserted: (7) Consultation.--In administering this section, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Small Business Administration, other Federal agencies, and State, local, and Tribal authorities, as determined to be necessary by the Administrator, to--

Inserted: (A) ensure the efficient administration of the claims process; and

Inserted: (B) provide for local concerns.

Inserted: (8) Election of remedy.--

Inserted: (A) In general.--An injured person may elect to seek compensation from the United States for 1 or more injuries resulting from the Hermit's Peak/Calf Canyon Fire by--

Inserted: (i) submitting a claim under this section;

Inserted: (ii) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code (commonly known as the "Federal Tort Claims Act"); or

Inserted: (iii) bringing an authorized civil action under any other provision of law.

Inserted: (B) Effect of election.--An election by an injured person to seek compensation in any manner described in subparagraph (A) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak/Calf Canyon Fire that are suffered by the claimant.

Inserted: (C) Arbitration.--

Inserted: (i) In general.--Not later than 45 days after the date of enactment of this Act, the Administrator shall establish by regulation procedures under which a dispute regarding a claim submitted under this section may be settled by arbitration.

Inserted: (ii) Arbitration as remedy.--On establishment of arbitration procedures under clause (i), an injured person that submits a disputed claim under this section may elect to settle the claim through arbitration.

Inserted: (iii) Binding effect.--An election by an injured person to settle a claim through arbitration under this subparagraph shall--

Inserted: (I) be binding; and

Inserted: (II) preclude any exercise by the injured person of the right to judicial review of a claim described in paragraph (9).

Inserted: (D) No effect on entitlements.--Nothing in this section affects any right of a claimant to file a claim for benefits under any Federal entitlement program.

Inserted: (9) Judicial review.--

Inserted: (A) In general.--Any claimant aggrieved by a final decision of the Administrator under this section may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part.

Inserted: (B) Record.--The court shall hear a civil action under subparagraph (A) on the record made before the Administrator.

Inserted: (C) Standard.--The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole.

Inserted: (10) Attorney's and agent's fees.--

Inserted: (A) In general.--No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this section, fees in excess of the limitations established under section 2678 of title 28, United States Code.

Inserted: (B) Violation.--An attorney or agent who violates subparagraph (A) shall be fined not more than $10,000.

Inserted: (11) Waiver of requirement for matching funds.--

Inserted: (A) State and local project.--

Inserted: (i) In general.--Notwithstanding any other provision of law, a State or local project that is determined by the Administrator to be carried out in response to the Hermit's Peak/Calf Canyon Fire under any Federal program that applies to an area affected by the Hermit's Peak/Calf Canyon Fire shall not be subject to any requirement for State or local matching funds to pay the cost of the project under the Federal program.

Inserted: (ii) Federal share.--The Federal share of the costs of a project described in clause (i) shall be 100 percent.

Inserted: (B) Other needs program assistance.--Notwithstanding section 408(g)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(g)(2)), for any emergency or major disaster declared by the President under that Act for the Hermit's Peak/Calf Canyon Fire, the Federal share of assistance provided under that section shall be 100 percent.

Inserted: (12) Applicability of debt collection requirements.--Section 3711(a) of title 31, United States Code, shall not apply to any payment under this section, unless--

Inserted: (A) there is evidence of civil or criminal fraud, misrepresentation, presentation of a false claim; or

Inserted: (B) a claimant was not eligible under paragraph (4)(B) of this section to any partial payment.

Inserted: (13) Indian compensation.--Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this section--

Inserted: (A) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim;

Inserted: (B) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this section in the same manner and to the same extent as any other injured person; and

Inserted: (C) except with respect to land damaged by the Hermit's Peak/Calf Canyon Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak/Calf Canyon Fire.

Inserted: (14) Report.--Not later than 1 year after the date of promulgation of regulations under paragraph (6)(A), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this section during the year preceding the date of submission of the report, including, for each claim--

Inserted: (A) the amount claimed;

Inserted: (B) a brief description of the nature of the claim; and

Inserted: (C) the status or disposition of the claim, including the amount of any payment under this section.

Inserted: (15) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Inserted: amendment no. 414 offered by mr. johnson of georgia

Struck: "(Z) a person engaged in the business of providing investment advice for compensation;

Struck: "(AA) a person engaged in the trade in works of art, antiques, or collectibles, including a dealer, advisor, consultant, custodian, gallery, auction house, museum, or any other person who engages as a business in the solicitation or the sale of works of art, antiques, or collectibles;

Struck: "(BB) an attorney, law firm, or notary involved in financial activity or related administrative activity on behalf of another person;

Struck: "(CC) a trust or company service provider, including--

Struck: "(i) a person involved in forming a corporation, limited liability company, trust, foundation, partnership, or other similar entity or arrangement;

Struck: "(ii) a person involved in acting as, or arranging for another person to act as, a registered agent, trustee, or nominee to be a shareholder, officer, director, secretary, partner, signatory, or other similar position in relation to a person or arrangement;

Struck: "(iii) a person involved in providing a registered office, address, or other similar service for a person or arrangement; or

Struck: "(iv) any other person providing trust or company services, as defined by the Secretary of the Treasury;

Struck: "(DD) a certified public accountant or public accounting firm;

Struck: "(EE) a person engaged in the business of public relations, marketing, communications, or other similar services in such a manner as to provide another person anonymity or deniability; and

Struck: "(FF) a person engaged in the business of providing third-party payment services, including payment processing, check consolidation, cash vault services, or other similar services designated by the Secretary of the Treasury;".

Struck: (b) Rulemaking.--

Struck: (1) In general.--Not later than December 31, 2023, the Secretary of the Treasury shall issue one or more rules to require all financial institutions (as defined in section 5312(a)(2) of title 31, United States Code) that have not already done so to--

Struck: (A) report suspicious transactions under section 5318(g) of title 31, United States Code;

Struck: (B) establish anti-money laundering programs under section 5318(h) of title 31, United States Code;

Struck: (C) establish due diligence policies, procedures, and controls under section 5318(i) of title 31, United States Code; and

Struck: (D) identify and verify their account holders under section 5318(l) of title 31, United States Code.

Struck: (2) Trust or company service provider.--In promulgating a rule under paragraph (1) to implement subparagraph (CC) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), the Secretary of Treasury shall exclude from the category of covered persons--

Struck: (A) any government agency; and

Struck: (B) any attorney or law firm that uses a paid trust or company service provider, including any paid entity formation agent, operating within the United States.

Struck: (c) Effective Date.--

Struck: (1) Delayed effective date.--Subparagraphs (Z) through (FF) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), shall take effect on December 31, 2023.

Struck: (2) Limitation on exemptions.--With respect to a person described under subparagraphs (Z) through (FF) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), the Secretary of the Treasury may not exempt such person from any requirement under subchapter II of chapter 53 of title 31, United States Code, including any delay in such application.

Struck: (3) Application of certain provisions.--Any financial institution (as defined in section 5312(a)(2) of title 31, United States Code) that is not already required to comply with subsections (g), (h), (i), and (l) of section 5318 of title 31, United States Code, shall do so on and after June 30, 2024, whether or not a rule has been issued under subsection (b)(1)(A).

Struck: (d) Treasury Task Force and Strategy.--

Struck: (1) In general.--The Secretary of the Treasury, acting through the Director of the Financial Crimes Enforcement Network, shall establish a task force to--

Struck: (A) develop an ambitious, comprehensive, and multi- year United States Government strategy to impose anti- money laundering safeguards on all necessary gatekeeper professions;

Struck: (B) designate and authorize a Federal or State agency to enforce anti-money laundering requirements for each type of financial institution defined in section 5312(a)(2) of title 31, United States Code; and

Struck: (C) advance the regulatory rulemaking required under section 2(b) of this Act.

Struck: (2) Gatekeepers strategy.--

Struck: (A) In general.--Section 262 of the Countering America's Adversaries Through Sanctions Act (Public Law 115-44), is amended by inserting after paragraph (10) the following:

Struck: "(11) Gatekeepers strategy.--A description of efforts to impose anti-money laundering safeguards on all necessary gatekeeper professions, including art dealers, investment advisors, real estate professionals, lawyers, accountants, trust or company service providers, public relations professionals, dealers of luxury vehicles, money service businesses, and other similar professions.".

Struck: (B) Update clarification.--If, before the date of the enactment of this Act, all updates to the national strategy required by section 261(b) of the Countering America's Adversaries Through Sanctions Act (Public Law 115-44) have been completed, the President shall provide an additional update of such national strategy to the Congress containing the contents required under the amendment made by paragraph (1).

Inserted: (10) An American consulting company reportedly made millions of dollars working for companies owned or partly owned by Isabel dos Santos, the eldest child of a former President of Angola. This included working with Angola's state oil company when it was run by Isabel dos Santos and helping to "run a failing jewelry business acquired with Angolan money". In 2021, a Dutch tribunal found that Isabel dos Santos and her husband obtained a $500 million stake in the oil company through "grand corruption".

Inserted: (11) In December 2021, the United States Government issued a first-ever "United States Strategy on Countering Corruption", that includes "Curbing Illicit Finance" as a strategic pillar. An express line of effort to advance this strategic pillar states that: "Deficiencies in the U.S. regulatory framework mean various professionals and service providers--including lawyers, accountants, trust and company service providers, incorporators, and others willing to be hired as registered agents or who act as nominees to open and move funds through bank accounts--are not required to understand the nature or source of income of their clients or prospective clients. . .While U.S. law enforcement has increased its focus on such facilitators, it is both difficult to prove 'intent and knowledge' that a facilitator was dealing with illicit funds or bad actors, or that they should have known the same. Cognizant of such constraints, the Administration will consider additional authorities to cover key gatekeepers, working with the Congress as necessary to secure additional authorities".

Inserted: (12) This section provides the authorities needed to require that professional service providers who serve as key gatekeepers to the U.S. financial system adopt anti-money laundering procedures that can help detect and prevent the laundering of corrupt and other criminal funds into the United States. Absent such authorities, the United States Government will be unable to adequately protect the U.S. financial system, identify funds and assets that are the proceeds of corruption, or support foreign states in their efforts to combat corruption and promote good governance.

Inserted: (c) Requirements for Gatekeepers.--

Inserted: (1) In general.--Section 5312(a)(2) of title 31, United States Code, as amended by the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, is amended--

Inserted: (A) by redesignating subparagraphs (Z) and (AA) as subparagraphs (AA) and (BB), respectively; and

Inserted: (B) by inserting after subparagraph (Y) the following:

Inserted: "(Z) any person, excluding any governmental entity, employee, or agent, who engages in any activity which the Secretary determines, by regulation pursuant to section 5337(a), to be the provision, with or without compensation, of--

Inserted: "(i) corporate or other legal entity arrangement, association, or formation services;

Inserted: "(ii) trust services;

Inserted: "(iii) third party payment services; or

Inserted: "(iv) legal or accounting services that--

Inserted: "(I) involve financial activities that facilitate--

Inserted: "(aa) corporate or other legal entity arrangement, association, or formation services;

Inserted: "(bb) trust services; or

Inserted: "(cc) third party payment services; and

Inserted: "(II) are not direct payments or compensation for civil or criminal defense matters.".

Inserted: (2) Requirements for gatekeepers.--Subchapter II of chapter 53 of subtitle IV of title 31, United States Code, is amended by adding at the end the following:

Inserted: "Sec. 5337. Requirements for gatekeepers.

Inserted: "(a) In General.--

Inserted: "(1) In general.--The Secretary shall, not later than 1 year after the date of the enactment this section, issue a rule to--

Inserted: "(A) determine what persons fall within the class of persons described in section 5312(a)(2)(Z); and

Inserted: "(B) prescribe appropriate requirements for such persons.

Inserted: "(2) Sense of the congress.--It is the sense of the Congress that when issuing a rule to determine what persons fall within the class of persons described in section 5312(a)(2)(Z), the Secretary shall design such rule--

Inserted: "(A) to minimizes burden of such rule and maximizes the intended outcome of such rule, as determined by the Secretary; and

Inserted: "(B) avoid applying additional requirements for persons that may fall within the class of persons described in section 5312(a)(2)(Z) but whom are already, as determined by the Secretary, appropriately regulated under section 5312.

Inserted: "(3) Identification of persons.--When determining what persons fall within the class of persons described in section 5312(a)(2)(Z) the Secretary of the Treasury shall include--

Inserted: "(A) any person involved in--

Inserted: "(i) the formation or registration of a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

Inserted: "(ii) the acquisition or disposition of an interest in a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

Inserted: "(iii) providing a registered office, address or accommodation, correspondence or administrative address for a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

Inserted: "(iv) acting as, or arranging for another person to act as, a nominee shareholder for another person;

Inserted: "(v) the managing, advising, or consulting with respect to money or other assets;

Inserted: "(vi) the processing of payments;

Inserted: "(vii) the provision of cash vault services;

Inserted: "(viii) the wiring of money;

Inserted: "(ix) the exchange of foreign currency, digital currency, or digital assets; or

Inserted: "(x) the sourcing, pooling, organization, or management of capital in association with the formation, operation, or management of, or investment in, a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

Inserted: "(B) any person who, in connection with filing any return, directly or indirectly, on behalf of a foreign individual, trust or fiduciary with respect to direct or indirect, United States investment, transaction, trade or business, or similar activities--

Inserted: "(i) obtains or uses a preparer tax identification number; or

Inserted: "(ii) would be required to use or obtain a preparer tax identification number, if such person were compensated for services rendered;

Inserted: "(C) any person acting as, or arranging for another person to act as, a registered agent, trustee, director, secretary, partner of a company, a partner of a partnership, or similar position in relation to a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity; and

Inserted: "(D) any person, wherever organized or doing business, that is--

Inserted: "(i) owned or controlled by a person described in subparagraphs (A), (B), or (C);

Inserted: "(ii) acts as an agent of a person described in subparagraphs (A), (B), or (C); or

Inserted: "(iii) is an instrumentality of a person described in subparagraphs (A), (B), or (C).

Inserted: "(b) Requirements.--The Secretary shall require persons described in section 5312(a)(3) to do 1 or more of the following--

Inserted: "(1) identify and verify account holders and functional equivalents as described in section 5318(l), including by establishing and maintaining written procedures that are reasonably designed to enable the person to identify and verify beneficial owners (as such term is defined in section 5336(a)) of clients;

Inserted: "(2) maintain appropriate procedures, including the collection and reporting of such information as the Secretary may prescribe by regulation, to ensure compliance with this subchapter and regulations prescribed thereunder or to guard against corruption, money laundering, the financing of terrorism, or other forms of illicit finance;

Inserted: "(3) establish anti-money laundering programs as described in section 5318(h);

Inserted: "(4) report suspicious transactions as described in section 5318(g)(1); and

Inserted: "(5) establish due diligence policies, procedures, and controls as described in section 5318(i).

Inserted: "(c) Limitation on Exemptions.--The Secretary may not delay the application of any requirement described in this subchapter for any person described in section 5312(a)(2)(Z) or section 5337(a)(3)

Inserted: "(d) Extraterritorial Jurisdiction.--Any person described in section 5312(a)(2)(Z) shall be subject to extraterritorial Federal jurisdiction with respect to the requirements of this subtitle.

Inserted: "(e) Enforcement.--

Inserted: "(1) Random audits.--Beginning on the date that is 1 year after the date that the Secretary issues a rule to determine what persons fall within the class of persons described in section 5312(a)(2)(Z), and on an ongoing basis thereafter, the Secretary shall conduct random audits of persons that fall within the class of persons described in section 5312(a)(2)(Z), in a manner that the Secretary determines appropriate, to access compliance with this section.

Inserted: "(2) Reports.--The Secretary shall, not later than 180 days after the conclusion of any calendar year that begins after the date that is 1 year after the date that the Secretary issues a rule pursuant to section 5337(a), submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that--

Inserted: "(A) describes the results of any random audits conducted pursuant to paragraph (1) during such calendar year; and

Inserted: "(B) includes recommendations for improving the effectiveness of the requirements imposed under this section on persons described in section 5312(a)(2)(Z).".

Inserted: (3) Effective date.--This section and the amendments made by this section shall take effect on the date that the Secretary of the Treasury issues a rule pursuant to section 5537 of title 31 of the United States Code, as added by this section.

Inserted: (4) Conforming amendment.--The table of sections in chapter 53 of subtitle IV of title 31, United States Code, is amended by inserting after the item relating to section 5336 the following:

Inserted: "5337. Requirements for gatekeepers.".

Inserted: (5) Use of technology to increase efficiency and accuracy of information.--

Inserted: (A) In general.--The Secretary of the Treasury, acting through the Director of the Financial Crimes Enforcement Network, shall promote the integrity and timely, efficient collection of information by persons described in section 5312(a)(2)(Z) of title 31, United States Code by exploring the use of technologies to--

Inserted: (i) effectuate the collection, standardization, transmission, and sharing of such information as required under section 5337 of title 31, United States Code; and

Inserted: (ii) minimize the burdens associated with the collection, standardization, transmission, and sharing of such information as required under section 5337 of title 31, United States Code.

Inserted: (B) Report.--Not later than 3 years after the date of the enactment of this subsection, the Director of the Financial Crimes Enforcement Network shall submit a report to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that--

Inserted: (i) describes any findings of the Director of the Financial Crimes Enforcement with respect to technologies that may effectuate the collection, standardization, transmission, and sharing of such information as required under section 5337 of title 31, United States Code; and

Inserted: (ii) makes recommendations for implementing such technologies.

Inserted: (d) Gatekeepers Strategy.--Section 262 of the Countering America's Adversaries Through Sanctions Act is amended by inserting after paragraph (10) the following:

Inserted: "(11) Gatekeeper strategy.--

Inserted: "(A) In general.--A description of efforts to impose sufficient anti-money laundering safeguards on types of persons who serve as gatekeepers.

Inserted: "(B) Update.--If the updates to the national strategy required under section 261 have been submitted to appropriate congressional committees before the date of the enactment of this paragraph, the President shall submit to the appropriate congressional committees an additional update to the national strategy with respect to the addition of this paragraph not later than 1 year after the date of the enactment of this paragraph.".

Inserted: (e) Agency Coordination and Collaboration.--The Secretary of the Treasury shall, to the greatest extent practicable--

Inserted: (1) establish relationships with State, local, territorial, and Tribal governmental agencies; and

Inserted: (2) work collaboratively with such governmental agencies to implement and enforce the regulations prescribed under this section and the amendments made by this section, by--

Inserted: (A) using the domestic liaisons established in section 310(f) of title 31, United States Code, to share information regarding changes effectuated by this section;

Inserted: (B) using the domestic liaisons established in section 310(f) of title 31, United States Code, to advise on necessary revisions to State, local, territorial, and Tribal standards with respect to relevant professional licensure;

Inserted: (C) engaging with various gatekeepers as appropriate, including with respect to information sharing and data sharing; and

Inserted: (D) working with State, local, territorial, and Tribal governmental agencies to levy professional sanctions on persons who facilitate corruption, money laundering, the financing of terrorist activities, and other related crimes.

Inserted: (f) Authorization of Appropriations.--In addition to amounts otherwise available for such purposes, there are authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation, $53,300,000 to remain available until expended, exclusively for the purpose of carrying out this section and the amendments made by the Act, including for--

Inserted: (1) the hiring of personnel;

Inserted: (2) the exploration and adoption of information technology to effectively support enforcement activities or activities described in subsection (c) of this section and the amendments made by such subsection;

Inserted: (3) audit, investigatory, and review activities, including those described in subsection (c) of this section and the amendments made by such subsection;

Inserted: (4) agency coordination and collaboration efforts and activities described in subsection (e) of this section;

Inserted: (5) for voluntary compliance programs;

Inserted: (6) for conducting the report in subsection (c)(5) of this section; and

Inserted: (7) for allocating amounts to the State, local, territorial, and Tribal jurisdictions to pay reasonable costs relating to compliance with or enforcement of the requirements of this section.

Inserted: (g) Rule of Construction.--Nothing in this section may be construed to be limited or impeded by any obligations under State, local, territorial, or Tribal laws or rules concerning privilege, ethics, confidentiality, privacy, or related matters.

Inserted: Amendment No. 417 Offered by Ms. Waters of California

Inserted: SEC. 5405. CONSIDERATION OF SMALL HOME MORTGAGE LENDING UNDER COMMUNITY REINVESTMENT ACT.

Inserted: (a) In General.-- Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following:

Inserted: "(e) Consideration of Small Home Mortgage Lending.--

Inserted: "(1) In general.--As part of assessing a financial institution under subsection (a), the appropriate Federal financial supervisory agency shall evaluate the financial institution's performance in facilitating home mortgage lending targeted to low- and moderate-income borrowers in a safe and sound manner, including--

Inserted: "(A) mortgages of $100,000 or less in value that facilitate a home purchase or help a borrower to refinance an existing mortgage;

Inserted: "(B) mortgages of $100,000 or less in value originated in cooperation with a minority depository institution, women's depository institution, low-income credit union, or a community development financial institution certified by the Secretary of the Treasury (as defined under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994).

Inserted: "(C) mortgages of $100,000 or less in value originated to purchase or refinance a home as part of a special purpose credit program (as defined under section 1002.8(a) of title 12, Code of Federal Regulations).

Inserted: "(2) Data collection and reporting by large financial institutions.--

Inserted: "(A) In general.--Each large financial institution shall collect, maintain, and report to the appropriate Federal financial supervisory agency--

Inserted: "(i) mortgage loan data needed to calculate retail lending volume and distribution metrics;

Inserted: "(ii) information related to demographics of borrowers, including the income, disability, gender identity, race, and ethnicity of mortgage applicants;

Inserted: "(iii) the number of mortgage loans originated with a value of $100,000 or less as well as the demographics of borrowers, including income, race, gender, and ethnicity; and

Inserted: "(iv) all mortgage loans for the purpose of a home purchase and a refinance originated by the bank through a special purpose credit program, to focus on Black, Latinx, Native American, Asian American, Pacific Islander borrowers.

Inserted: "(B) Template.--The appropriate Federal financial supervisory agencies shall, jointly, issue rules to establish a template that large financial institutions shall use to collect information required to be collected under this paragraph.

Inserted: "(C) Large financial institution defined.--The appropriate Federal financial supervisory agencies shall, jointly, define the term 'large financial institution' for purposes of this paragraph.".

Inserted: (b) Discretionary Surplus Fund.--

Inserted: (1) In general.--Subparagraph (A) of section 7(a)(3) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure described in such subparagraph by $3,000,000.

Inserted: (2) Effective date.--The amendment made by paragraph (1) shall take effect on September 30, 2022.

Inserted: SEC. 5406. PROHIBITION ON CONSUMER REPORTS CONTAINING ADVERSE INFORMATION RELATED TO CERTAIN STUDENT LOANS.

Inserted: (a) Canceled or Forgiven Federal Student Loans.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following:

Inserted: "(9) Any adverse information related to any portion of a loan made, insured, or guaranteed under part B or made under part D of the Higher Education Act of 1965, to the extent the loan was repaid, canceled, or otherwise forgiven by the Secretary of Education.".

Inserted: (b) Student Loans Related to Corinthian Colleges.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as amended by subsection (a), is further amended by adding at the end the following

Inserted: "(10) Any adverse information related to a private education loan (as defined under section 140(a) of the Truth in Lending Act) if such loan was provided to cover expenses related to attending a school owned by Corinthian Colleges, Inc.".

Inserted: SEC. 5407. EXTENSION OF THE CENTRAL LIQUIDITY FACILITY.

Inserted: (a) In General.--Section 4016(b) of the CARES Act (12 U.S.C. 1795a note) is amended by adding at the end the following:

Inserted: "(3) Extension.--During the period beginning on the date of enactment of this Act and ending on December 31, 2023, the provisions of law amended by this subsection shall be applied as such provisions were in effect on the day before the effective date described under paragraph (2).".

Inserted: (b) CLF Borrowing Authority.--Effective on the date of enactment of the CARES Act, section 307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by striking "twelve times the subscribed capital stock and surplus of the Facility, provided that, the total face value of such obligations shall not exceed 16 times the subscribed capital stock and surplus of the Facility for the period beginning on the date of enactment of the Coronavirus Economic Stabilization Act of 2020 and ending on December 31, 2021" and inserting "16 times the subscribed capital stock and surplus of the Facility".

Inserted: SEC. 5408. PROMOTING CAPITAL RAISING OPTIONS FOR TRADITIONALLY UNDERREPRESENTED SMALL BUSINESSES.

Inserted: Section 4(j)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(j)(4)) is amended--

Inserted: (1) in subparagraph (G), by striking "and" at the end;

Inserted: (2) in subparagraph (H), by striking the period at the end and insert a semicolon; and

Inserted: (3) by adding at the end the following:

Inserted: "(I) provide educational resources and host events to raise awareness of capital raising options for--

Inserted: "(i) underrepresented small businesses, including women-owned and minority-owned small businesses;

Inserted: "(ii) businesses located in rural areas; and

Inserted: "(iii) small businesses affected by hurricanes or other natural disasters; and

Inserted: "(J) at least annually, meet with representatives of State securities commissions to discuss opportunities for collaboration and coordination with respect to efforts to assist small businesses and small business investors.".

Inserted: SEC. 5409. IMPROVEMENTS BY COUNTRIES IN COMBATING NARCOTICS-RELATED MONEY LAUNDERING.

Inserted: Section 489(a)(7) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)(7)) is amended--

Inserted: (1) in the matter before subparagraph (A), by striking "paragraph (3)(D)" and inserting "paragraph (3)(C)"; and

Inserted: (2) by inserting after subparagraph (C) the following:

Inserted: "(D) Where the information is available, examples of improvements in each country related to the findings described in each of clauses (i) through (viii) of subparagraph (C), such as--

Inserted: "(i) actions taken by the country due to each country's adoption of law and regulations considered essential to prevent narcotics-related money laundering;

Inserted: "(ii) enhanced enforcement actions taken by the country, such as regulatory penalties, criminal prosecutions and convictions, and asset seizures and forfeitures;

Inserted: "(iii) status changes in international financial crime-related evaluations;

Inserted: "(iv) other descriptions that are representative of efforts to enhance the prevention of narcotics-related money laundering; and

Inserted: "(v) if applicable, bilateral, multilateral, and regional initiatives which have been undertaken to prevent narcotics-related money laundering.".

Inserted: SEC. 5410. STUDY ON THE ROLE OF ONLINE PLATFORMS AND TENANT SCREENING COMPANIES IN THE HOUSING MARKET.

Inserted: (a) Study.--The Secretary of Housing and Urban Development and the Director of the Bureau of Consumer Financial Protection shall, jointly, carry out a study to--

Inserted: (1) assess the role of online platforms and tenant screening companies in the housing market, including purchasing homes and providing housing-related services to landlords and consumers, including tenants, homeowners, and prospective homebuyers;

Inserted: (2) assess how such entities currently comply with fair housing, fair lending, and consumer financial protection laws and regulations (including the Fair Housing Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and other relevant statutes and regulations determined relevant by the Secretary and the Director), including in their digital advertising, digital listing, and tenant screening practices;

Inserted: (3) assess how such entities are currently using artificial intelligence, including machine learning, in their services, and how these technologies are being assessed for compliance with appropriate fair housing and fair lending laws; and

Inserted: (4) assess the impact of how such entities and their use of artificial intelligence technologies, including machine learning, affect low- and moderate-income communities and communities of color in particular, including any impediments to fair housing and fair lending.

Inserted: (b) Reports.--

Inserted: (1) In general.--The Secretary and the Director shall, jointly, issue an initial report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 1 year after the date of enactment of this Act, and issue a final report to such committees not later than 2 years after the date of enactment of this Act, containing--

Inserted: (A) all findings and determinations made in carrying out the study required under subsection (a); and

Inserted: (B) any recommendations on how to improve entities', as described under subsection (a)(1), compliance with fair housing, fair lending, and consumer financial protection laws and regulations, including to affirmatively further fair housing, to prevent algorithmic bias, and to promote greater transparency, explainability, privacy, and fairness in the development and implementation of artificial intelligence technologies, including machine learning, with respect to the products and services they offer.

Inserted: (2) Additional reports.--The Secretary and the Director may, either individually or jointly, issue updates to the final report described under paragraph (1), as the Secretary or the Director determines necessary.

Inserted: SEC. 5411. UNITED STATES OPPOSITION TO MULTILATERAL DEVELOPMENT BANK PROJECTS THAT PROVIDE A PUBLIC SUBSIDY TO A PRIVATE SECTOR FIRM UNLESS THE SUBSIDY IS AWARDED USING AN OPEN, COMPETITIVE PROCESS OR ON AN OPEN-ACCESS BASIS.

Inserted: Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-4) is amended by adding at the end the following:

Inserted: "SEC. 1506. UNITED STATES OPPOSITION TO MULTILATERAL DEVELOPMENT BANK PROJECTS THAT PROVIDE A PUBLIC SUBSIDY TO A PRIVATE SECTOR FIRM UNLESS THE SUBSIDY IS AWARDED USING AN OPEN, COMPETITIVE PROCESS OR ON AN OPEN-ACCESS BASIS.

Inserted: "(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank--

Inserted: "(1) to use voice, vote, and influence of the United States to ensure that private sector subsidies provided by the respective bank, including through the Private Sector Window of the International Development Association, are provided in accordance with the World Bank guidelines; and

Inserted: "(2) to vote against any project at the respective bank, including through the Private Sector Window of the International Development Association, that provides a public subsidy to a private sector firm unless--

Inserted: "(A) the subsidy is awarded using an open, competitive process;

Inserted: "(B) the subsidy is awarded on an open access basis; or

Inserted: "(C) the United States Executive Director at the respective bank determines that the subsidy falls within an exception provided in the World Bank guidelines for the use of direct contracting.

Inserted: "(b) Publication of Determination.--Within 60 days after the United States Executive Director at any multilateral development bank makes a determination described in subsection (a)(2)(C), the Secretary of the Treasury shall cause to be posted on the website of the Department of the Treasury a justification for the determination.

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

Inserted: "(1) Multilateral development bank.--The term 'multilateral development bank' has the meaning given in section 1701(c)(4).

Inserted: "(2) World bank guidelines.--The term 'World Bank Guidelines' means the July 2014 revised edition of the document, entitled 'Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans and IDA Credits & Grants by World Bank Borrowers', published by the World Bank Group.".

Inserted: SEC. 5412. UNITED STATES CONTRIBUTION TO THE CATASTROPHE CONTAINMENT AND RELIEF TRUST AT THE INTERNATIONAL MONETARY FUND.

Inserted: (a) Contribution Authority.--The Secretary of the Treasury may contribute $200,000,000 on behalf of the United States to the Catastrophe Containment and Relief Trust of the International Monetary Fund.

Inserted: (b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated, without fiscal year limitation, $200,000,000 for payment by the Secretary of the Treasury.

Inserted: SEC. 5413. PUBLIC REPORTING OF UNITED STATES VOTES TO SUPPORT, OR ABSTENTION FROM VOTING ON, MULTILATERAL DEVELOPMENT BANK PROJECTS UNDER THE GUIDANCE ON FOSSIL FUEL ENERGY AT THE MULTILATERAL DEVELOPMENT BANKS ISSUED BY THE DEPARTMENT OF THE TREASURY ON AUGUST 16, 2021.

Inserted: Title XIII of the International Financial Institutions Act (22 U.S.C. 262m-262m-8) is amended by adding at the end the following:

Inserted: "SEC. 1309. PUBLIC REPORTING OF UNITED STATES VOTES TO SUPPORT, OR ABSTENTION FROM VOTING ON, MULTILATERAL DEVELOPMENT BANK PROJECTS UNDER THE GUIDANCE ON FOSSIL FUEL ENERGY AT THE MULTILATERAL DEVELOPMENT BANKS ISSUED BY THE DEPARTMENT OF THE TREASURY ON AUGUST 16, 2021.

Inserted: "Within 60 days after the United States votes to support, or abstains from voting on, a multilateral development bank (as defined in section 1701(c)(4)) project under the Guidance on Fossil Fuel Energy at the Multilateral Development Banks issued by the Department of the Treasury on August 16, 2021, the Secretary of Treasury shall cause to be posted on the website of the Department of the Treasury a detailed justification for the vote or abstention.".

Inserted: SEC. 5414. UNITED STATES POLICY ON INTERNATIONAL FINANCE CORPORATION DISCLOSURE OF HIGH AND SUBSTANTIAL RISK SUB-PROJECTS OF FINANCIAL INTERMEDIARY CLIENTS.

Inserted: Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the end the following:

Inserted: "SEC. 1632. UNITED STATES POLICY ON INTERNATIONAL FINANCE CORPORATION DISCLOSURE OF HIGH AND SUBSTANTIAL RISK SUB-PROJECTS OF FINANCIAL INTERMEDIARY CLIENTS.

Inserted: "(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Director at the International Finance Corporation to use the voice, vote, and influence of the United States to seek the adoption at the institution of a policy to require each financial intermediary client to publicly disclose on the website of the International Finance Corporation, in searchable form, and updated annually, the following information about the Category A and B sub-projects of the client, within 6 months after the date of the enactment of this section for existing clients and, for new clients, within 6 months after the date of Board approval for new investments:

Inserted: "(1) The name, city, and sector for all sub-projects.

Inserted: "(2) The environmental and social risk assessments and mitigation plans that have been completed for each sub-project.

Inserted: "(3) A summary of the Environmental and Social Management System of the client including a detailed description of policies to appropriately identify, categorize, assess, and address the environmental and social risks relevant to the activities the client is financing.

Inserted: "(4) A link to the full Environmental and Social Management System policy on the website of the client.

Inserted: "(b) Reporting Requirement.--Within 6 months after the date of the enactment of this section, the Secretary of the Treasury shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate containing--

Inserted: "(1) a description of the efforts by the Secretary to achieve the policy outlined in subsection (a); and

Inserted: "(2) a description of any opposition from management, shareholders, and clients to the adoption of the policy.".

Inserted: SEC. 5415. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT BANK DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION.

Inserted: Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-4) is further amended by adding at the end the following:

Inserted: "SEC. 1507. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT BANK DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION.

Inserted: "(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank--

Inserted: "(1) to use voice and vote of the United States to advocate for the adoption of a policy at the respective institution to collect, verify and publish beneficial ownership information for any corporation or limited liability company, other than a publicly listed company, that receives any assistance from the bank; and

Inserted: "(2) to vote against the provision of any assistance by the bank to any corporation or limited liability company, other than a publicly listed company, unless the bank collects, verifies, and publishes beneficial ownership information for the entity.

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

Inserted: "(1) Multilateral development bank.--The term 'multilateral development bank' has the meaning given in section 1701(c)(4).

Inserted: "(2) Beneficial owner.--The term 'beneficial owner' has the meaning given in section 5336(3) of title 31, United States Code.".

Inserted: SEC. 5416. STRENGTHENING THE SEC'S WHISTLEBLOWER FUND.

Inserted: Section 21F(g)(3)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6(g)(3)(A)) is amended--

Inserted: (1) in clause (i), by striking "$300,000,000" and inserting "$600,000,000 (as such amount is indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics)"; and

Inserted: (2) in clause (ii)--

Inserted: (A) by striking "$200,000,000" and inserting "$600,000,000 (as such amount is indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics)";

Inserted: (B) by striking "Fund" and inserting "fund"; and

Inserted: (C) by striking "balance of the disgorgement fund" and inserting "balance of the Fund".

Inserted: "(g) Reporting on Minority Lending Institutions.--Each report required under subsection (a) shall include a description of the extent to which assistance from the Fund are provided to minority lending institutions.".

Inserted: (d) Submission of Demographic Data Relating to Diversity by Community Development Financial Institutions.--Section 104 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703), as amended by subsection (b), is further amended by adding at the end the following:

Inserted: "(m) Submission of Demographic Data Relating to Diversity.--

Inserted: "(1) Definitions.--In this subsection--

Inserted: "(A) the term 'executive officer' has the meaning given the term in section 230.501(f) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection;

Inserted: "(B) the term 'gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth;

Inserted: "(C) the term 'sexual orientation' means homosexuality, heterosexuality, or bisexuality; and

Inserted: "(D) the term 'veteran' has the meaning given the term in section 101 of title 38, United States Code.

Inserted: "(2) Submission of disclosure.--Each Fund applicant and recipient shall provide data regarding such factors as may be determined by the Fund, which may include the following:

Inserted: "(A) Demographic data, based on voluntary self-identification, on the racial, ethnic, gender identity, and sexual orientation composition of--

Inserted: "(i) the board of directors of the institution; and

Inserted: "(ii) the executive officers of the institution.

Inserted: "(B) The status of any member of the board of directors of the institution, any nominee for the board of directors of the institution, or any executive officer of the institution, based on voluntary self-identification, as a veteran.

Inserted: "(C) Whether the board of directors of the institution, or any committee of that board of directors, has, as of the date on which the institution makes a disclosure under this paragraph, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among--

Inserted: "(i) the board of directors of the institution;

Inserted: "(ii) nominees for the board of directors of the institution; or

Inserted: "(iii) the executive officers of the institution.

Inserted: "(3) Report to congress.--Not later than 24 months after the date of enactment of this subsection, and every other year thereafter, the Fund shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and make publicly available on the website of the Fund, a report--

Inserted: "(A) on the demographic data and trends of the diversity information made available pursuant to paragraph (2), including breakdowns by each State (including the District of Columbia and each territory of the United States) and Tribal government entity; and

Inserted: "(B) containing any administrative or legislative recommendations of the Fund to enhance the implementation of this title or to promote diversity and inclusion within community development financial institutions.".

Inserted: (e) Office of Diverse and Mission-Driven Community Financial Institutions.--

Inserted: (1) Establishment.--There is established within the Department of the Treasury the Office of Diverse and Mission-Driven Community Financial Institutions.

Inserted: (2) Leadership.--The Office of Diverse and Mission-Driven Community Financial Institutions shall be led by a Deputy Assistant Secretary for Diverse and Mission-Driven Community Financial Institutions, who shall be appointed by the Secretary of the Treasury, in consultation with the Department of the Treasury's Director of Office of Minority and Women Inclusion.

Inserted: (3) Functions.--The Office of Diverse and Mission-Driven Community Financial Institutions, pursuant to the direction of the Secretary, shall seek to provide support for diverse and mission-driven community financial institutions and have the authority--

Inserted: (A) to monitor and issue reports regarding--

Inserted: (i) community development financial institutions, minority depository institutions, and minority lending institutions; and

Inserted: (ii) the role such institutions play in the financial system of the United States, including the impact they have on providing financial access to low- and moderate-income communities, communities of color, and other underserved communities;

Inserted: (B) to serve as a resource and Federal liaison for current and prospective community development financial institutions, minority depository institutions, and minority lending institutions seeking to engage with the Department of the Treasury, the Community Development Financial Institutions Fund ("CDFI Fund"), other Federal government agencies, including by providing contact information for other offices of the Department of the Treasury or other Federal Government agencies, resources, technical assistance, or other support for entities wishing--

Inserted: (i) to become certified as a community development financial institution, and maintain the certification;

Inserted: (ii) to obtain a banking charter, deposit insurance, or otherwise carry on banking activities in a safe, sound, and responsible manner;

Inserted: (iii) to obtain financial support through private sector deposits, investments, partnerships, and other means;

Inserted: (iv) to expand their operations through internal growth and acquisitions;

Inserted: (v) to develop and upgrade their technology, cybersecurity resilience, compliance systems, data reporting systems, and their capacity to support their communities, including through partnerships with third-party companies;

Inserted: (vi) to obtain grants, awards, investments and other financial support made available through the CDFI Fund, the Board of Governors of the Federal Reserve System, the Central Liquidity Facility, the Federal Home Loan Banks, and other Federal programs;

Inserted: (vii) to participate as a financial intermediary with respect to various Federal and State programs and agencies, including the State Small Business Credit Initiative and programs of the Small Business Administration; and

Inserted: (viii) to participate in Financial Agent Mentor-Protege Program of the Department of the Treasury and other Federal programs designed to support private sector partnerships;

Inserted: (C) to provide resources to the public wishing to learn more about minority depository institutions, community development financial institutions, and minority lending institutions, including helping the Secretary implement the requirements under section 334, publishing reports issued by the Office on the website of the Department of the Treasury and providing hyperlinks to other relevant reports and materials from other Federal agencies;

Inserted: (D) to provide policy recommendations to other relevant Federal agencies and Congress on ways to further strengthen Federal support for community development financial institutions, minority depository institutions, and minority lending institutions;

Inserted: (E) to assist the Secretary in carrying out the Secretary's responsibilities under section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) to preserve and promote minority depository institutions in consultation with the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, and the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation;

Inserted: (F) to carry out other duties of the Secretary of the Treasury required by this subtitle and the amendments made by this subtitle, and to perform such other duties and authorities as may be assigned by the Secretary.

Inserted: (f) Strengthening Federal Efforts and Interagency Coordination to Promote Diverse and Mission-driven Community Financial Institutions.--

Inserted: (1) Senior officials designated.--The Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation, and the Director of the Bureau of Consumer Financial Protection shall each, in consultation with their respective Director of Office of Minority and Women Inclusion, designate a senior official to be their respective agency's officer responsible for promoting minority depository institutions, community development financial institutions, and minority lending institutions, including to fulfill obligations under section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) to preserve and promote minority depository institutions.

Inserted: (2) Interagency working group.--The Department of the Treasury shall regularly convene meetings, no less than once a quarter, of an interagency working group to be known as the "Interagency Working Group to Promote Diverse and Mission-Driven Community Financial Institutions", which shall consist of the senior officials designated by their respective agencies under paragraph (1), along with the Deputy Assistant Secretary for Diverse and Mission-Driven Community Financial Institutions, the Director of the Community Development Financial Institutions Fund, and such other government officials as the Secretary of the Treasury may choose to invite, to examine and discuss the state of minority depository institutions, community development financial institutions, and minority lending institutions, and actions the relevant agencies can take to preserve, promote, and strengthen these institutions.

Inserted: (3) Promoting fair housing and collective ownership opportunities.--

Inserted: (A) Initial report.--Not later than 18 months after the date of the enactment of this subsection, the Secretary of Treasury, jointly with the Secretary of Housing and Urban Development, shall issue a report to the covered agencies and the Congress examining different ways financial institutions, including community development financial institutions, can affirmatively further fair housing and be encouraged and incentivized to carry out activities that expand long-term wealth-building opportunities within low-income and minority communities that support collective ownership opportunities, including through investments in worker cooperatives, consumer cooperatives, community land trusts, not-for-profit-led shared equity homeownership, and limited-equity cooperatives, and to provide recommendations to the covered agencies and the Congress in the furtherance of these objectives.

Inserted: (B) Progress updates.--Beginning not later than three years after the date of the enactment of this subsection, and every five years thereafter, the Secretary of the Treasury and the Secretary of Housing and Urban Development shall, after receiving the necessary updates from the covered agencies, issue a report examining the progress made on implementing relevant recommendations, and providing any additional recommendations to the covered agencies and the Congress in furtherance of the objectives under subparagraph (A).

Inserted: (C) Covered agencies.--For purposes of this subsection, the term "covered agencies" means the Community Development Financial Institutions Fund, the Department of Housing and Urban Development. the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, and the Federal Housing Finance Agency.

Inserted: (4) Annual report to congress.--Not later than 1 year after the date of the enactment of this subsection, and annually thereafter, the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation, and the Director of the Bureau of Consumer Financial Protection shall submit a joint report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate regarding the work that has been done the prior year to preserve, promote, and strengthen community development financial institutions, minority depository institutions, and minority lending institutions, along with any policy recommendations on actions various government agencies and Congress should take to preserve, promote, and strengthen community development financial institutions, minority depository institutions, and minority lending institutions.

Inserted: SEC. 5912. CAPITAL INVESTMENTS, GRANTS, AND TECHNOLOGY SUPPORT FOR MDIS AND CDFIS.

Inserted: (a) Authorization of Appropriation.--There is authorized to be appropriated to the Emergency Capital Investment Fund $4,000,000,000. Such funds may be used for administrative expenses of the Department of the Treasury.

Inserted: (b) Conforming Amendments to Allow for Additional Purchases of Capital.--Section 104A of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is amended--

Inserted: (1) in subsection (c), by striking paragraph (2); and

Inserted: (2) in subsection (e), by striking paragraph (2).

Inserted: (c) Use of Funds for CDFI Financial and Technical Assistance.--Section 104A of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is amended by adding at the end the following:

Inserted: "(p) Use of Funds for CDFI Financial and Technical Assistance.--The Secretary shall transfer no less than $1,000,000,000 in the Emergency Capital Investment Fund to the Fund for the purpose of providing financial and technical assistance grants to community development financial institutions certified by the Secretary. The Fund shall provide such grants using a formula that takes into account criteria such as certification status, financial and compliance performance, portfolio and balance sheet strength, diversity of CDFI business model types, and program capacity.".

Inserted: (d) Technology Grants for MDIs and CDFIs.--

Inserted: (1) Study and report on certain technology challenges.--

Inserted: (A) Study.--The Secretary of the Treasury shall carry out a study on the technology challenges impacting minority depository institutions and community development financial institutions with respect to--

Inserted: (i) internal technology capabilities and capacity of the institutions to process loan applications and otherwise serve current and potential customers through the internet, mobile phone applications, and other tools;

Inserted: (ii) technology capabilities and capacity of the institutions, provided in partnership with third party companies, to process loan applications and otherwise serve current and potential customers through the internet, mobile phone applications, and other tools;

Inserted: (iii) cybersecurity; and

Inserted: (iv) challenges and solutions related to algorithmic bias in the deployment of technology.

Inserted: (B) Report.--Not later than 18 months after the date of the enactment of this subsection, the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that includes the results of the study required under subparagraph (A).

Inserted: (2) Technology grant program.--

Inserted: (A) Program authorized.--The Secretary shall carry out a technology grant program to make grants to minority depository institutions and community development financial institutions to address technology challenges impacting such institutions.

Inserted: (B) Application.--To be eligible to be awarded a grant under this paragraph, a minority depository institution or community development financial institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

Inserted: (C) Use of funds.--A minority depository institution or community development financial institution that is awarded a grant under this paragraph may use the grant funds to--

Inserted: (i) enhance or adopt technologies that--

Inserted: (I) shorten loan approval processes;

Inserted: (II) improve customer experience;

Inserted: (III) provide additional services to customers;

Inserted: (IV) facilitate compliance with applicable laws, regulations, and program requirements, including testing to ensure that the use of technology does not result in discrimination, and helping to satisfy data reporting requirements;

Inserted: (V) help ensure privacy of customer records and cybersecurity resilience; and

Inserted: (VI) reduce the unbanked and underbanked population; or

Inserted: (ii) carry out such other activities as the Secretary determines appropriate.

Inserted: (3) Funding.--The Secretary may use amounts in the Emergency Capital Investment Fund to implement and make grants under paragraph (2), but not to exceed $250,000,000 in the aggregate.

Inserted: (4) Definitions.--In this subsection, the terms "community development financial institution" and "minority depository institution" have the meaning given those terms, respectively, under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).

Inserted: (e) Pilot Program for Establishing De Novo CDFIs and MDIs.--

Inserted: (1) In general.--The Secretary of the Treasury, in consultation with the Fund and the appropriate Federal banking agencies, shall establish a pilot program to provide competitive grants to a person for the purpose of providing capital for such person to establish a minority depository institution or a community development financial institution.

Inserted: (2) Application.--A person desiring a grant under this subsection shall submit to the Secretary an application in such form and containing such information as the Secretary determines appropriate.

Inserted: (3) Disbursement.--Before disbursing grant amounts to a person selected to receive a grant under this subsection, the Secretary shall ensure that such person has received approval from the appropriate Federal banking agency (or such other Federal or State agency from whom approval is required) to establish a minority depository institution or a community development financial institution, as applicable.

Inserted: (4) Funding.--The Secretary may use amounts in the Emergency Capital Investment Fund to implement and make grants under paragraph (2), but not to exceed $100,000,000 in the aggregate.

Inserted: (5) Definitions.--In this subsection, the terms "appropriate Federal banking agency", "community development financial institution", "Fund", and "minority depository institution" have the meaning given those terms, respectively, under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).

Inserted: (f) Guidance for Subchapter S and Mutual Banks.--Not later than 30 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System and the Secretary shall issue guidance regarding how Emergency Capital Investment Program investments (whether made before or after the date of enactment of this Act) are considered for purposes of various prudential requirements, including debt to equity, leverage ratio, and double leverage ratio requirements with respect to subchapter S and mutual bank recipients of such investments.

Inserted: (g) Collection of Data.--Section 111 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4710) is amended--

Inserted: (1) by striking "The Fund" and inserting the following:

Inserted: "(a) In General.--The Fund"; and

Inserted: (2) by adding at the end the following:

Inserted: "(b) Collection of Certain Data by CDFIs.--Notwithstanding the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)--

Inserted: "(1) a community development financial institution may collect data described in section 701(a)(1) of that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants for credit for the sole purpose and exclusive use to ensure that targeted populations and low-income residents of investment areas are adequately served and to report the level of service provided to such populations and areas to the Fund; and

Inserted: "(2) a community development financial institution that collects the data described in paragraph (1) shall not be subject to adverse action related to that collection by the Bureau of Consumer Financial Protection or any other Federal agency.".

Inserted: SEC. 5913. SUPPORTING YOUNG ENTREPRENEURS PROGRAM.

Inserted: Section 108 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4707), as amended by section 331(a)(1), is further amended by adding at the end the following:

Inserted: "(j) Supporting Young Entrepreneurs Program.--

Inserted: "(1) In general.--The Fund shall establish a Supporting Young Entrepreneurs Program under which the Fund may provide financial awards to the community development financial institutions that the Fund determines have the best programs to help young entrepreneurs get the start up capital needed to start a small business, with a focus on supporting young women entrepreneurs, entrepreneurs who are Black, Hispanic, Asian or Pacific Islander, and Native American or Native Alaskan and other historically underrepresented groups or first time business owners.

Inserted: "(2) No matching requirement.--The matching requirement under subsection (e) shall not apply to awards made under this subsection.

Inserted: "(3) Funding.--In carrying out this subsection, the Fund may use--

Inserted: "(A) amounts in the Emergency Capital Investment Fund, but not to exceed $100,000,000 in the aggregate; and

Inserted: "(B) such other funds as may be appropriated by Congress to the Fund to carry out the Supporting Young Entrepreneurs Program.".

Inserted: SEC. 5914. MAP OF MINORITY DEPOSITORY INSTITUTIONS AND COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS.

Inserted: (a) In General.--The Secretary of the Treasury, in consultation with the CDFI Fund and the Federal banking agencies, shall establish an interactive, searchable map showing the geographic locations of the headquarters and branch locations of minority depository institutions, which shall be provided by the Federal banking agencies, and community development financial institutions that have been certified by the Secretary, including breakdowns by each State (including the District of Columbia and each territory of the United States), Tribal government entity, and congressional district. Such map shall also provide a link to the website of each such minority depository institution and community development financial institution.

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

Inserted: (1) CDFI fund.--The term "CDFI Fund" means the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994.

Inserted: (2) Community development financial institution.--The term "community development financial institution" has the meaning given in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994.

Inserted: (3) Federal banking agency.--The term "Federal banking agency"--

Inserted: (A) has the meaning given in section 3 of the Federal Deposit Insurance Act; and

Inserted: (B) means the National Credit Union Administration.

Inserted: (4) Minority depository institution.--The term "minority depository institution" has the meaning given in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

Inserted: SEC. 5915. REPORT ON CERTIFIED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS.

Inserted: Section 117(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4716(a)) is amended--

Inserted: (1) by striking "The Fund" and inserting the following:

Inserted: "(1) In general.--The Fund";

Inserted: (2) by striking "and the Congress" and inserting ", the Congress, and the public"; and

Inserted: (3) by adding at the end the following:

Inserted: "(2) Report on certified community development financial institutions.--The annual report required under paragraph (1) shall include a report on community development financial institutions ('CDFIs') that have been certified by the Secretary of the Treasury, including a summary with aggregate data and analysis, to the fullest extent practicable, regarding--

Inserted: "(A) a list of the types of organizations that are certified as CDFIs, and the number of each type of organization;

Inserted: "(B) the geographic location and capacity of different types of certified CDFIs, including overall impact breakdowns by each State (including the District of Columbia and each territory of the United States) and Tribal government entity;

Inserted: "(C) the lines of business for different types of certified CDFIs;

Inserted: "(D) human resources and staffing information for different types of certified CDFIs, including--

Inserted: "(E) the types of development services provided by different types of certified CDFIs;

Inserted: "(F) the target markets of different types of certified CDFIs and the amount of products and services offered by CDFIs to those target markets, including--

Inserted: "(i) the number and amount of loans and loan guarantees made in those target markets;

Inserted: "(ii) the number and amount of other investments made in those target markets; and

Inserted: "(iii) the number and amount of development services offered in those target markets; and

Inserted: "(G) such other information as the Director of the Fund may determine necessary to promote transparency of the impact of different types of CDFIs, while carrying out this report in a manner that seeks to minimize data reporting requirements from certified CDFIs when feasible, including utilizing information gathered from other regulators under section 104(l).".

Inserted: SEC. 5916. CONSULTATION AND MINIMIZATION OF DATA REQUESTS.

Inserted: Section 104 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703) is amended by adding at the end the following:

Inserted: "(l) Consultation and Minimization of Data Requests.--

Inserted: "(1) In general.--In carrying out its duties, the Fund shall--

Inserted: "(A) periodically, and no less frequent than once a year, consult with the applicable Federal regulator of certified CDFIs and applicants to be a certified CDFI ('applicants)';

Inserted: "(B) seek to gather any information necessary related to Fund certification and award decisions on certified CDFIs and applicants from the applicable Federal regulator, and such regulators shall use reasonable efforts to provide such information to the Fund, to minimize duplicative data collection requests made by the Fund of certified CDFIs and applicants and to expedite certification, award, or other relevant processes administered by the Fund.

Inserted: "(2) Applicable federal regulator defined.--In this subsection, the term 'applicable Federal regulator' means--

Inserted: "(A) with respect to a certified CDFI or an applicant that is regulated by both an appropriate Federal banking agency and the Bureau of Consumer Financial Protection, the Bureau of Consumer Financial Protection;

Inserted: "(B) with respect to a certified CDFI or an applicant that is not regulated by the Bureau of Consumer Financial Protection, the appropriate Federal banking agency for such applicant; or

Inserted: "(C) the Bureau of Consumer Financial Protection, with respect to a certified CDFI or an applicant--

Inserted: "(i) that is not regulated by an appropriate Federal banking agency; and

Inserted: "(ii) that offers or provides consumer financial products or services (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).".

Inserted: SEC. 5917. ACCESS TO THE DISCOUNT WINDOW OF THE FEDERAL RESERVE SYSTEM FOR MDIS AND CDFIS.

Inserted: Within 1 year after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall establish a process under which minority depository institutions and community development financial institutions may have access to the discount window, at the seasonal credit interest rate most recently published on the Federal Reserve Statistical Release on selected interest rates (daily or weekly).

Inserted: SEC. 5918. STUDY ON SECURITIZATION BY CDFIS.

Inserted: (a) In General.--The Secretary of the Treasury, in consultation with the Community Development Financial Institutions Fund and such other Federal agencies as the Secretary determines appropriate, shall carry out a study on--

Inserted: (1) the use of securitization by CDFIs;

Inserted: (2) any barriers to the use of securitization as a source of liquidity by CDFIs; and

Inserted: (3) any authorities available to the Government to support the use of securitization by CDFIs to the extent it helps serve underserved communities.

Inserted: (b) Report.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Secretary shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing--

Inserted: (1) all findings and determinations made in carrying out the study required under subsection (a); and

Inserted: (2) any legislative or administrative recommendations of the Secretary that would promote the responsible use of securitization to help CDFIs in reaching more underserved communities.

Inserted: (c) CDFI Defined.--The term "CDFI" has the meaning given the term "community development financial institution" under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994.

Inserted: Subtitle B--Promoting New and Diverse Depository Institutions SEC. 5921. STUDY AND STRATEGIC PLAN.

Inserted: (a) In General.--The Federal banking regulators shall jointly--

Inserted: (1) conduct a study about the challenges faced by proposed depository institutions, including proposed minority depository institutions, seeking de novo depository institution charters; and

Inserted: (2) submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate and publish publically, not later than 18 months after the date of the enactment of this section--

Inserted: (A) an analysis based on the study conducted pursuant to paragraph (1);

Inserted: (B) any findings from the study conducted pursuant to paragraph (1); and

Inserted: (C) any legislative recommendations that the Federal banking regulators developed based on the study conducted pursuant to paragraph (1).

Inserted: (b) Strategic Plan.--

Inserted: (1) In general.--Not later than 18 months after the date of the enactment of this section, the Federal banking regulators shall jointly submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate and publish publically a strategic plan based on the study conducted pursuant to subsection (a) and designed to help proposed depository institutions (including proposed minority depository institutions) successfully apply for de novo depository institution charters in a manner that promotes increased availability of banking and financial services, safety and soundness, consumer protection, community reinvestment, financial stability, and a level playing field.

Inserted: (2) Contents of strategic plan.--The strategic plan described in paragraph (1) shall--

Inserted: (A) promote the chartering of de novo depository institutions, including--

Inserted: (i) proposed minority depository institutions; and

Inserted: (ii) proposed depository institutions that could be certified as community development financial institutions; and

Inserted: (B) describe actions the Federal banking regulators may take that would increase the number of depository institutions located in geographic areas where consumers lack access to a branch of a depository institution.

Inserted: (c) Public Involvement.--When conducting the study and developing the strategic plan required by this section, the Federal banking regulators shall invite comments and other feedback from the public to inform the study and strategic plan.

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

Inserted: (1) Depository institution.--The term "depository institution" has the meaning given in section 3 of the Federal Deposit Insurance Act, and includes a "Federal credit union" and a "State credit union" as such terms are defined, respectively, under section 101 of the Federal Credit Union Act.

Inserted: (2) Community development financial institution.--The term "community development financial institution" has the meaning given in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994.

Inserted: (3) Federal banking regulators.--The term "Federal banking regulators" means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Director of the Bureau of Consumer Financial Protection.

Inserted: (4) Minority depository institution.--The term "minority depository institution" has the meaning given in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

Inserted: Subtitle C--Ensuring Diversity in Community Banking SEC. 5931. SHORT TITLE.

Inserted: This subtitle may be cited as the "Ensuring Diversity in Community Banking Act".

Inserted: SEC. 5932. SENSE OF CONGRESS ON FUNDING THE LOAN-LOSS RESERVE FUND FOR SMALL DOLLAR LOANS.

Inserted: The sense of Congress is the following:

Inserted: (1) The Community Development Financial Institutions Fund (the "CDFI Fund") is an agency of the Department of the Treasury, and was established by the Riegle Community Development and Regulatory Improvement Act of 1994. The mission of the CDFI Fund is "to expand economic opportunity for underserved people and communities by supporting the growth and capacity of a national network of community development lenders, investors, and financial service providers". A community development financial institution (a "CDFI") is a specialized financial institution serving low-income communities and a Community Development Entity (a "CDE") is a domestic corporation or partnership that is an intermediary vehicle for the provision of loans, investments, or financial counseling in low-income communities. The CDFI Fund certifies CDFIs and CDEs. Becoming a certified CDFI or CDE allows organizations to participate in various CDFI Fund programs as follows:

Inserted: (A) The Bank Enterprise Award Program, which provides FDIC-insured depository institutions awards for a demonstrated increase in lending and investments in distressed communities and CDFIs.

Inserted: (B) The CDFI Program, which provides Financial and Technical Assistance awards to CDFIs to reinvest in the CDFI, and to build the capacity of the CDFI, including financing product development and loan loss reserves.

Inserted: (C) The Native American CDFI Assistance Program, which provides CDFIs and sponsoring entities Financial and Technical Assistance awards to increase lending and grow the number of CDFIs owned by Native Americans to help build capacity of such CDFIs.

Inserted: (D) The New Market Tax Credit Program, which provides tax credits for making equity investments in CDEs that stimulate capital investments in low-income communities.

Inserted: (E) The Capital Magnet Fund, which provides awards to CDFIs and nonprofit affordable housing organizations to finance affordable housing solutions and related economic development activities.

Inserted: (F) The Bond Guarantee Program, a source of long-term, patient capital for CDFIs to expand lending and investment capacity for community and economic development purposes.

Inserted: (2) The Department of the Treasury is authorized to create multi-year grant programs designed to encourage low-to-moderate income individuals to establish accounts at federally insured banks, and to improve low-to-moderate income individuals' access to such accounts on reasonable terms.

Inserted: (3) Under this authority, grants to participants in CDFI Fund programs may be used for loan-loss reserves and to establish small-dollar loan programs by subsidizing related losses. These grants also allow for the providing recipients with the financial counseling and education necessary to conduct transactions and manage their accounts. These loans provide low-cost alternatives to payday loans and other nontraditional forms of financing that often impose excessive interest rates and fees on borrowers, and lead millions of Americans to fall into debt traps. Small-dollar loans can only be made pursuant to terms, conditions, and practices that are reasonable for the individual consumer obtaining the loan.

Inserted: (4) Program participation is restricted to eligible institutions, which are limited to organizations listed in section 501(c)(3) of the Internal Revenue Code and exempt from tax under 501(a) of such Code, federally insured depository institutions, community development financial institutions and State, local, or Tribal government entities.

Inserted: (5) According to the CDFI Fund, some programs attract as much as $10 in private capital for every $1 invested by the CDFI Fund. The Administration and the Congress should prioritize appropriation of funds for the loan loss reserve fund and technical assistance programs administered by the Community Development Financial Institution Fund.

Inserted: SEC. 5933. DEFINITIONS.

Inserted: In this subtitle:

Inserted: (1) Community development financial institution.--The term "community development financial institution" has the meaning given under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).

Inserted: (2) Minority depository institution.--The term "minority depository institution" has the meaning given under section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note), as amended by this Act.

Inserted: SEC. 5934. INCLUSION OF WOMEN'S BANKS IN THE DEFINITION OF MINORITY DEPOSITORY INSTITUTION.

Inserted: Section 308(b)(1) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended--

Inserted: (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively;

Inserted: (2) by striking "means any" and inserting the following: "means--

Inserted: "(A) any"; and

Inserted: (3) in clause (iii) (as so redesignated), by striking the period at the end and inserting "; or"; and

Inserted: (4) by inserting at the end the following new subparagraph:

Inserted: "(B) any bank described in clause (i), (ii), or (iii) of section 19(b)(1)(A) of the Federal Reserve Act--

Inserted: "(i) more than 50 percent of the outstanding shares of which are held by 1 or more women; and

Inserted: "(ii) the majority of the directors on the board of directors of which are women.".

Inserted: SEC. 5935. ESTABLISHMENT OF IMPACT BANK DESIGNATION.

Inserted: (a) In General.--Each Federal banking agency shall establish a program under which a depository institution with total consolidated assets of less than $10,000,000,000 may elect to be designated as an impact bank if the total dollar value of the loans extended by such depository institution to low-income borrowers is greater than or equal to 50 percent of the assets of such bank.

Inserted: (b) Notification of Eligibility.--Based on data obtained through examinations of depository institutions, the appropriate Federal banking agency shall notify a depository institution if the institution is eligible to be designated as an impact bank.

Inserted: (c) Application.--Regardless of whether or not it has received a notice of eligibility under subsection (b), a depository institution may submit an application to the appropriate Federal banking agency--

Inserted: (1) requesting to be designated as an impact bank; and

Inserted: (2) demonstrating that the depository institution meets the applicable qualifications.

Inserted: (d) Limitation on Additional Data Requirements.--The Federal banking agencies may only impose additional data collection requirements on a depository institution under this section if such data is--

Inserted: (1) necessary to process an application submitted by the depository institution to be designated an impact bank; or

Inserted: (2) with respect to a depository institution that is designated as an impact bank, necessary to ensure the depository institution's ongoing qualifications to maintain such designation.

Inserted: (e) Removal of Designation.--If the appropriate Federal banking agency determines that a depository institution designated as an impact bank no longer meets the criteria for such designation, the appropriate Federal banking agency shall rescind the designation and notify the depository institution of such rescission.

Inserted: (f) Reconsideration of Designation; Appeals.--Under such procedures as the Federal banking agencies may establish, a depository institution may--

Inserted: (1) submit to the appropriate Federal banking agency a request to reconsider a determination that such depository institution no longer meets the criteria for the designation; or

Inserted: (2) file an appeal of such determination.

Inserted: (g) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Federal banking agencies shall jointly issue rules to carry out the requirements of this section, including by providing a definition of a low-income borrower.

Inserted: (h) Reports.--Each Federal banking agency shall submit an annual report to the Congress containing a description of actions taken to carry out this section.

Inserted: (i) Federal Deposit Insurance Act Definitions.--In this section, the terms "depository institution", "appropriate Federal banking agency", and "Federal banking agency" have the meanings given such terms, respectively, in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

Inserted: SEC. 5936. MINORITY DEPOSITORIES ADVISORY COMMITTEES.

Inserted: (a) Establishment.--Each covered regulator shall establish an advisory committee to be called the "Minority Depositories Advisory Committee".

Inserted: (b) Duties.--Each Minority Depositories Advisory Committee shall provide advice to the respective covered regulator on meeting the goals established by section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) to preserve the present number of covered minority institutions, preserve the minority character of minority-owned institutions in cases involving mergers or acquisitions, provide technical assistance, and encourage the creation of new covered minority institutions. The scope of the work of each such Minority Depositories Advisory Committee shall include an assessment of the current condition of covered minority institutions, what regulatory changes or other steps the respective agencies may be able to take to fulfill the requirements of such section 308, and other issues of concern to covered minority institutions.

Inserted: (c) Membership.--

Inserted: (1) In general.--Each Minority Depositories Advisory Committee shall consist of no more than 10 members, who--

Inserted: (A) shall serve for one two-year term;

Inserted: (B) shall serve as a representative of a depository institution or an insured credit union with respect to which the respective covered regulator is the covered regulator of such depository institution or insured credit union; and

Inserted: (C) shall not receive pay by reason of their service on the advisory committee, but may receive travel or transportation expenses in accordance with section 5703 of title 5, United States Code.

Inserted: (2) Diversity.--To the extent practicable, each covered regulator shall ensure that the members of the Minority Depositories Advisory Committee of such agency reflect the diversity of covered minority institutions.

Inserted: (d) Meetings.--

Inserted: (1) In general.--Each Minority Depositories Advisory Committee shall meet not less frequently than twice each year.

Inserted: (2) Notice and invitations.--Each Minority Depositories Advisory Committee shall--

Inserted: (A) notify the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate in advance of each meeting of the Minority Depositories Advisory Committee; and

Inserted: (B) invite the attendance at each meeting of the Minority Depositories Advisory Committee of--

Inserted: (i) one member of the majority party and one member of the minority party of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

Inserted: (ii) one member of the majority party and one member of the minority party of any relevant subcommittees of such committees.

Inserted: (e) No Termination of Advisory Committees.--The termination requirements under section 14 of the Federal Advisory Committee Act (5 U.S.C. app.) shall not apply to a Minority Depositories Advisory Committee established pursuant to this section.

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

Inserted: (1) Covered regulator.--The term "covered regulator" means the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration.

Inserted: (2) Covered minority institution.--The term "covered minority institution" means a minority depository institution (as defined in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note)).

Inserted: (3) Depository institution.--The term "depository institution" has the meaning given under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

Inserted: (4) Insured credit union.--The term "insured credit union" has the meaning given in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).

Inserted: (g) Technical Amendment.--Section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended by adding at the end the following new paragraph:

Inserted: "(3) Depository institution.--The term 'depository institution' means an 'insured depository institution' (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) and an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).".

Inserted: SEC. 5937. FEDERAL DEPOSITS IN MINORITY DEPOSITORY INSTITUTIONS.

Inserted: (a) In General.--Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended--

Inserted: (1) by adding at the end the following new subsection:

Inserted: "(d) Federal Deposits.--The Secretary of the Treasury shall ensure that deposits made by Federal agencies in minority depository institutions and impact banks are collateralized or insured, as determined by the Secretary. Such deposits shall include reciprocal deposits as defined in section 337.6(e)(2)(v) of title 12, Code of Federal Regulations (as in effect on March 6, 2019)."; and

Inserted: (2) in subsection (b), as amended by section 6(g), by adding at the end the following new paragraph:

Inserted: "(4) Impact bank.--The term 'impact bank' means a depository institution designated by the appropriate Federal banking agency pursuant to section 5935 of the Ensuring Diversity in Community Banking Act.".

Inserted: (b) Technical Amendments.--Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended--

Inserted: (1) in the matter preceding paragraph (1), by striking "section--" and inserting "section:"; and

Inserted: (2) in the paragraph heading for paragraph (1), by striking "financial" and inserting "depository".

Inserted: SEC. 5938. MINORITY BANK DEPOSIT PROGRAM.

Inserted: (a) In General.--Section 1204 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended to read as follows:

Inserted: "SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY INSTITUTIONS.

Inserted: "(a) Minority Bank Deposit Program.--

Inserted: "(1) Establishment.--There is established a program to be known as the 'Minority Bank Deposit Program' to expand the use of minority depository institutions.

Inserted: "(2) Administration.--The Secretary of the Treasury, acting through the Fiscal Service, shall--

Inserted: "(A) on application by a depository institution or credit union, certify whether such depository institution or credit union is a minority depository institution;

Inserted: "(B) maintain and publish a list of all depository institutions and credit unions that have been certified pursuant to subparagraph (A); and

Inserted: "(C) periodically distribute the list described in subparagraph (B) to--

Inserted: "(i) all Federal departments and agencies;

Inserted: "(ii) interested State and local governments; and

Inserted: "(iii) interested private sector companies.

Inserted: "(3) Inclusion of certain entities on list.--A depository institution or credit union that, on the date of the enactment of this section, has a current certification from the Secretary of the Treasury stating that such depository institution or credit union is a minority depository institution shall be included on the list described under paragraph (2)(B).

Inserted: "(b) Expanded Use Among Federal Departments and Agencies.--

Inserted: "(1) In general.--Not later than 1 year after the establishment of the program described in subsection (a), the head of each Federal department or agency shall develop and implement standards and procedures to prioritize, to the maximum extent possible as permitted by law and consistent with principles of sound financial management, the use of minority depository institutions to hold the deposits of each such department or agency.

Inserted: "(2) Report to congress.--Not later than 2 years after the establishment of the program described in subsection (a), and annually thereafter, the head of each Federal department or agency shall submit to Congress a report on the actions taken to increase the use of minority depository institutions to hold the deposits of each such department or agency.

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

Inserted: "(1) Credit union.--The term 'credit union' has the meaning given the term 'insured credit union' in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).

Inserted: "(2) Depository institution.--The term 'depository institution' has the meaning given in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

Inserted: "(3) Minority depository institution.--The term 'minority depository institution' has the meaning given that term under section 308 of this Act.".

Inserted: (b) Conforming Amendments.--The following provisions are amended by striking "1204(c)(3)" and inserting "1204(c)":

Inserted: (1) Section 808(b)(3) of the Community Reinvestment Act of 1977 (12 U.S.C. 2907(b)(3)).

Inserted: (2) Section 40(g)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(g)(1)(B)).

Inserted: (3) Section 704B(h)(4) of the Equal Credit Opportunity Act (15 U.S.C. 1691c-2(h)(4)).

Inserted: SEC. 5939. DIVERSITY REPORT AND BEST PRACTICES.

Inserted: (a) Annual Report.--Each covered regulator shall submit to Congress an annual report on diversity including the following:

Inserted: (1) Data, based on voluntary self-identification, on the racial, ethnic, and gender composition of the examiners of each covered regulator, disaggregated by length of time served as an examiner.

Inserted: (2) The status of any examiners of covered regulators, based on voluntary self-identification, as a veteran.

Inserted: (3) Whether any covered regulator, as of the date on which the report required under this section is submitted, has adopted a policy, plan, or strategy to promote racial, ethnic, and gender diversity among examiners of the covered regulator.

Inserted: (4) Whether any special training is developed and provided for examiners related specifically to working with depository institutions and credit unions that serve communities that are predominantly minorities, low income, or rural, and the key focus of such training.

Inserted: (b) Best Practices.--Each Office of Minority and Women Inclusion of a covered regulator shall develop, provide to the head of the covered regulator, and make publicly available best practices--

Inserted: (1) for increasing the diversity of candidates applying for examiner positions, including through outreach efforts to recruit diverse candidate to apply for entry-level examiner positions; and

Inserted: (2) for retaining and providing fair consideration for promotions within the examiner staff for purposes of achieving diversity among examiners.

Inserted: (c) Covered Regulator Defined.--In this section, the term "covered regulator" means the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration.

Inserted: SEC. 5940. INVESTMENTS IN MINORITY DEPOSITORY INSTITUTIONS AND IMPACT BANKS.

Inserted: (a) Control for Certain Institutions.--Section 7(j)(8)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(8)(B)) is amended to read as follows:

Inserted: "(B) 'control' means the power, directly or indirectly--

Inserted: "(i) to direct the management or policies of an insured depository institution; or

Inserted: "(ii)(I) with respect to an insured depository institution, of a person to vote 25 per centum or more of any class of voting securities of such institution; or

Inserted: "(II) with respect to an insured depository institution that is an impact bank (as designated pursuant to section 5935 of the Ensuring Diversity in Community Banking Act) or a minority depository institution (as defined in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989), of an individual to vote 30 percent or more of any class of voting securities of such an impact bank or a minority depository institution.".

Inserted: (b) Rulemaking.--The Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) shall jointly issue rules for de novo minority depository institutions and de novo impact banks (as designated pursuant to section 5935) to allow 3 years to meet the capital requirements otherwise applicable to minority depository institutions and impact banks.

Inserted: (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Federal banking agencies shall jointly submit to Congress a report on--

Inserted: (1) the principal causes for the low number of de novo minority depository institutions during the 10-year period preceding the date of the report;

Inserted: (2) the main challenges to the creation of de novo minority depository institutions and de novo impact banks; and

Inserted: (3) regulatory and legislative considerations to promote the establishment of de novo minority depository institutions and de novo impact banks.

Inserted: SEC. 5941. REPORT ON COVERED MENTOR-PROTEGE PROGRAMS.

Inserted: (a) Report.--Not later than 6 months after the date of the enactment of this Act and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on participants in a covered mentor-protege program, including--

Inserted: (1) an analysis of outcomes of such program;

Inserted: (2) the number of minority depository institutions that are eligible to participate in such program but do not have large financial institution mentors; and

Inserted: (3) recommendations for how to match such minority depository institutions with large financial institution mentors.

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

Inserted: (1) Covered mentor-protege program.--The term "covered mentor-protege program" means a mentor-protege program established by the Secretary of the Treasury pursuant to section 45 of the Small Business Act (15 U.S.C. 657r).

Inserted: (2) Large financial institution.--The term "large financial institution" means any entity--

Inserted: (A) regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration; and

Inserted: (B) that has total consolidated assets greater than or equal to $50,000,000,000.

Inserted: SEC. 5942. CUSTODIAL DEPOSIT PROGRAM FOR COVERED MINORITY DEPOSITORY INSTITUTIONS AND IMPACT BANKS.

Inserted: (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall issue rules establishing a custodial deposit program under which a covered bank may receive deposits from a qualifying account.

Inserted: (b) Requirements.--In issuing rules under subsection (a), the Secretary of the Treasury shall--

Inserted: (1) consult with the Federal banking agencies;

Inserted: (2) ensure each covered bank participating in the program established under this section--

Inserted: (A) has appropriate policies relating to management of assets, including measures to ensure the safety and soundness of each such covered bank; and

Inserted: (B) is compliant with applicable law; and

Inserted: (3) ensure, to the extent practicable that the rules do not conflict with goals described in section 308(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).

Inserted: (c) Limitations.--

Inserted: (1) Deposits.--With respect to the funds of an individual qualifying account, an entity may not deposit an amount greater than the insured amount in a single covered bank.

Inserted: (2) Total deposits.--The total amount of funds deposited in a covered bank under the custodial deposit program described under this section may not exceed the lesser of--

Inserted: (A) 10 percent of the average amount of deposits held by such covered bank in the previous quarter; or

Inserted: (B) $100,000,000 (as adjusted for inflation).

Inserted: (d) Report.--Each quarter, the Secretary of the Treasury shall submit to Congress a report on the implementation of the program established under this section including information identifying participating covered banks and the total amount of deposits received by covered banks under the program, including breakdowns by each State (including the District of Columbia and each territory of the United States) and Tribal government entity.

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

Inserted: (1) Covered bank.--The term "covered bank" means--

Inserted: (A) a minority depository institution that is well capitalized, as defined by the appropriate Federal banking agency; or

Inserted: (B) a depository institution designated pursuant to section 4935 that is well capitalized, as defined by the appropriate Federal banking agency.

Inserted: (2) Insured amount.--The term "insured amount" means the amount that is the greater of--

Inserted: (A) the standard maximum deposit insurance amount (as defined in section 11(a)(1)(E) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)(E))); or

Inserted: (B) such higher amount negotiated between the Secretary of the Treasury and the Federal Deposit Insurance Corporation under which the Corporation will insure all deposits of such higher amount.

Inserted: (3) Federal banking agencies.--The terms "appropriate Federal banking agency" and "Federal banking agencies" have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act.

Inserted: (4) Qualifying account.--The term "qualifying account" means any account established in the Department of the Treasury that--

Inserted: (A) is controlled by the Secretary; and

Inserted: (B) is expected to maintain a balance greater than $200,000,000 for the following 24-month period.

Inserted: SEC. 5943. STREAMLINED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION APPLICATIONS AND REPORTING.

Inserted: (a) Application Processes.--Not later than 12 months after the date of the enactment of this Act and with respect to any person having assets under $3,000,000,000 that submits an application for deposit insurance with the Federal Deposit Insurance Corporation that could also become a community development financial institution, the Federal Deposit Insurance Corporation, in consultation with the Administrator of the Community Development Financial Institutions Fund, shall--

Inserted: (1) develop systems and procedures to record necessary information to allow the Administrator to conduct preliminary analysis for such person to also become a community development financial institution; and

Inserted: (2) develop procedures to streamline the application and annual certification processes and to reduce costs for such person to become, and maintain certification as, a community development financial institution.

Inserted: (b) Implementation Report.--Not later than 18 months after the date of the enactment of this Act, the Federal Deposit Insurance Corporation shall submit to Congress a report describing the systems and procedures required under subsection (a).

Inserted: (c) Annual Report.--

Inserted: (1) In general.--Section 17(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1827(a)(1)) is amended--

Inserted: (A) in subparagraph (E), by striking "and" at the end;

Inserted: (B) by redesignating subparagraph (F) as subparagraph (G);

Inserted: (C) by inserting after subparagraph (E) the following new subparagraph:

Inserted: "(F) applicants for deposit insurance that could also become a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994), a minority depository institution (as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989), or an impact bank (as designated pursuant to section 5935 of the Ensuring Diversity in Community Banking Act); and".

Inserted: (2) Application.--The amendment made by this subsection shall apply with respect to the first report to be submitted after the date that is 2 years after the date of the enactment of this Act.

Inserted: SEC. 5944. TASK FORCE ON LENDING TO SMALL BUSINESS CONCERNS.

Inserted: (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall establish a task force to examine methods for improving relationships between the Small Business Administration and community development financial institutions, minority depository institutions, and impact banks (as designated pursuant to section 5935) to increase the volume of loans provided by such institutions to small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)).

Inserted: (b) Report to Congress.--Not later than 18 months after the establishment of the task force described in subsection (a), the Administrator of the Small Business Administration shall submit to Congress a report on the findings of such task force.

Inserted: SEC. 5945. DISCRETIONARY SURPLUS FUND.

Inserted: (a) In General.--Subparagraph (A) of section 7(a)(3) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure described in such subparagraph by $1,920,000,000.

Inserted: (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2022.

Inserted: Subtitle D--Expanding Opportunity for Minority Depository Institutions SEC. 5951. ESTABLISHMENT OF FINANCIAL AGENT MENTOR-PROTEGE PROGRAM.

Inserted: (a) In General.--Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended by adding at the end the following new subsection:

Inserted: "(d) Financial Agent Mentor-Protege Program.--

Inserted: "(1) In general.--The Secretary of the Treasury shall establish a program to be known as the 'Financial Agent Mentor-Protege Program' (in this subsection referred to as the 'Program') under which a financial agent designated by the Secretary or a large financial institution may serve as a mentor, under guidance or regulations prescribed by the Secretary, to a small financial institution to allow such small financial institution--

Inserted: "(A) to be prepared to perform as a financial agent; or

Inserted: "(B) to improve capacity to provide services to the customers of the small financial institution.

Inserted: "(2) Outreach.--The Secretary shall hold outreach events to promote the participation of financial agents, large financial institutions, and small financial institutions in the Program at least once a year.

Inserted: "(3) Exclusion.--The Secretary shall issue guidance or regulations to establish a process under which a financial agent, large financial institution, or small financial institution may be excluded from participation in the Program.

Inserted: "(4) Report.--The Office of Minority and Women Inclusion of the Department of the Treasury shall include in the report submitted to Congress under section 342(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act information pertaining to the Program, including--

Inserted: "(A) the number of financial agents, large financial institutions, and small financial institutions participating in such Program, including breakdowns by each State (including the District of Columbia and each territory of the United States), Tribal government entity, and congressional district; and

Inserted: "(B) the number of outreach events described in paragraph (2) held during the year covered by such report.

Inserted: "(5) Definitions.--In this subsection:

Inserted: "(A) Financial agent.--The term 'financial agent' means any national banking association designated by the Secretary of the Treasury to be employed as a financial agent of the Government.

Inserted: "(B) Large financial institution.--The term 'large financial institution' means any entity regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration that has total consolidated assets greater than or equal to $50,000,000,000.

Inserted: "(C) Small financial institution.--The term 'small financial institution' means--

Inserted: "(i) any entity regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration that has total consolidated assets lesser than or equal to $2,000,000,000; or

Inserted: "(ii) a minority depository institution.".

Inserted: (b) Effective Date.--This section and the amendments made by this section shall take effect 90 days after the date of the enactment of this Act.

Inserted: Subtitle E--CDFI Bond Guarantee Program Improvement SEC. 5961. SENSE OF CONGRESS.

Inserted: It is the sense of Congress that the authority to guarantee bonds under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) (commonly referred to as the "CDFI Bond Guarantee Program") provides community development financial institutions with a sustainable source of long-term capital and furthers the mission of the Community Development Financial Institutions Fund (established under section 104(a) of such Act (12 U.S.C. 4703(a)) to increase economic opportunity and promote community development investments for underserved populations and distressed communities in the United States.

Inserted: SEC. 5962. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSES.

Inserted: Section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) is amended--

Inserted: (1) in subsection (c)(2), by striking ", multiplied by an amount equal to the outstanding principal balance of issued notes or bonds";

Inserted: (2) in subsection (e)(2)(B), by striking "$100,000,000" and inserting "$25,000,000"; and

Inserted: (3) in subsection (k), by striking "September 30, 2014" and inserting "the date that is 4 years after the date of enactment of the Promoting and Advancing Communities of Color Through Inclusive Lending Act".

Inserted: SEC. 5963. REPORT ON THE CDFI BOND GUARANTEE PROGRAM.

Inserted: Not later than 1 year after the date of enactment of this Act, and not later than 3 years after such date of enactment, the Secretary of the Treasury shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the effectiveness of the CDFI bond guarantee program established under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a).

Inserted: amendment no. 418 offered by ms. waters of california

Inserted: "(2) World bank group defined.--The term 'World Bank Group' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.".

Inserted: (b) Sunset.--The amendment made by subsection (a) is repealed effective on the date that is 7 years after the effective date of this section.

Inserted: amendment no. 419 offered by mr. torres of new york

Inserted: (D) Disaster recovery systems, including coordination with State and Federal agencies.

Inserted: (2) A description of any actions the Secretary recommends be taken as a result of the analysis under paragraph (1).

Inserted: (3) Recommendations, as appropriate, for wholesale produce market owners and operators, and State and local entities to improve the supply chain shortfalls identified under paragraph (1).

Inserted: (4) Proposals, as appropriate, for legislative actions and funding needed to improve the supply chain shortfalls.

Inserted: (c) Consultation.--In completing the report under subsection (a), the Secretary of Agriculture shall consult with the Secretary of Transportation, the Secretary of Homeland Security, wholesale produce market owners and operators, State and local entities, and other agencies or stakeholders, as determined appropriate by the Secretary.

Inserted: (d) Appropriate Congressional Committees.--For the purposes of this section, the term "appropriate congressional committees" means the Committee on Agriculture, the Committee on Homeland Security, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Technology, the Committee on Homeland Security and Governmental Affairs, and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

Inserted: amendment no. 420 offered by mr. thompson of mississippi

Inserted: (C) in subparagraph (A), as so redesignated, by striking "equipment and inspection and screening systems" and inserting "equipment, inspection and screening systems, and alteration or remodeling of existing buildings or physical facilities";

Inserted: (D) by inserting after subparagraph (B), as so redesignated, the following new subparagraphs:

Inserted: "(C) Facility security personnel costs, including costs associated with contracted security.

Inserted: "(D) Expenses directly related to the administration of the grant, except that such expenses may not exceed five percent of the amount of the grant."; and

Inserted: (E) by adding at the end the following new paragraph:

Inserted: "(2) Retention.--Each State through which a recipient receives a grant under this section may retain up to five percent of each grant for expenses directly related to the administration of the grant.";

Inserted: (4) in subsection (e)--

Inserted: (A) by striking "2020 through 2024" and inserting "2022 through 2028"; and

Inserted: (B) by adding at the end the following new sentence: "Each such report shall also include information on the number of applications submitted by eligible nonprofit organizations to each State, the number of applications submitted by each State to the Administrator, and the operations of the Nonprofit Security Grant Program Office, including staffing resources and efforts with respect to subparagraphs (A) through (E) of subsection (c)(1).";

Inserted: (5) by redesignating subsection (f) as subsection (j);

Inserted: (6) by inserting after subsection (e) the following new subsections:

Inserted: "(f) Administration.--Not later than 120 days after the date of the enactment of this subsection, the Administrator shall establish within the Federal Emergency Management Agency a program office for the Program (in this section referred to as the 'program office'). The program office shall be headed by a senior official of the Agency. The Administrator shall administer the Program (including, where appropriate, in coordination with States), including relating to the following:

Inserted: "(1) Outreach, engagement, education, and technical assistance and support to eligible nonprofit organizations described in subsection (b), with particular attention to such organizations in underserved communities, prior to, during, and after the awarding of grants, including web-based training videos for eligible nonprofit organizations that provide guidance on preparing an application and the environmental planning and historic preservation process.

Inserted: "(2) Establishment of mechanisms to ensure program office processes are conducted in accordance with constitutional, statutory, regulatory, and other legal and agency policy requirements that protect civil rights and civil liberties and, to the maximum extent practicable, advance equity for members of underserved communities.

Inserted: "(3) Establishment of mechanisms for the Administrator to provide feedback to eligible nonprofit organizations that do not receive grants.

Inserted: "(4) Establishment of mechanisms to collect data to measure the effectiveness of grants under the Program.

Inserted: "(5) Establishment and enforcement of standardized baseline operational requirements for States, including requirements for States to eliminate or prevent any administrative or operational obstacles that may impact eligible nonprofit organizations described in subsection (b) from receiving grants under the Program.

Inserted: "(6) Carrying out efforts to prevent waste, fraud, and abuse, including through audits of grantees.

Inserted: "(g) Grant Guidelines.--For each fiscal year, prior to awarding grants under this section, the Administrator--

Inserted: "(1) shall publish guidelines, including a notice of funding opportunity or similar announcement, as the Administrator determines appropriate; and

Inserted: "(2) may prohibit States from closing application processes prior to the publication of such guidelines.

Inserted: "(h) Allocation Requirements.--

Inserted: "(1) In general.--In awarding grants under this section, the Administrator shall ensure that--

Inserted: "(A) 50 percent of amounts appropriated pursuant to the authorization of appropriations under subsection (k) is provided to eligible recipients located in high-risk urban areas that receive funding under section 2003 in the current fiscal year or received such funding in any of the preceding ten fiscal years, inclusive of any amounts States may retain pursuant to paragraph (2) of subsection (c); and

Inserted: "(B) 50 percent of amounts appropriated pursuant to the authorizations of appropriations under subsection (k) is provided to eligible recipients located in jurisdictions not receiving funding under section 2003 in the current fiscal year or have not received such funding in any of the preceding ten fiscal years, inclusive of any amounts States may retain pursuant to paragraph (2) of subsection (c).

Inserted: "(2) Exception.--Notwithstanding paragraph (1), the Administrator may allocate a different percentage if the Administrator does not receive a sufficient number of applications from eligible recipients to meet the allocation percentages described in either subparagraph (A) or (B) of such paragraph. If the Administrator exercises the authorization under this paragraph, the Administrator shall, not later than 30 days after such exercise, report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding such exercise.

Inserted: "(i) Paperwork Reduction Act.--Chapter 35 of title 44, United States Code (commonly known as the 'Paperwork Reduction Act'), shall not apply to any changes to the application materials, Program forms, or other core Program documentation intended to enhance participation by eligible nonprofit organizations in the Program.";

Inserted: (7) in subsection (j), as so redesignated--

Inserted: (A) in paragraph (1), by striking "$75 million for each of fiscal years 2020 through 2024" and inserting "$75,000,000 for fiscal year 2023 and $500,000,000 for each of fiscal years 2024 through 2028"; and

Inserted: (B) by amending paragraph (2) to read as follows:

Inserted: "(2) Operations and maintenance.--Of the amounts authorized to be appropriated pursuant to paragraph (1), not more than five percent is authorized--

Inserted: "(A) to operate the program office; and

Inserted: "(B) for other costs associated with the management, administration, and evaluation of the Program."; and

Inserted: (8) by adding at the end the following new subsection:

Inserted: "(k) Treatment.--Nonprofit organizations determined by the Secretary to be at risk of extremist attacks other than terrorist attacks and threats under subsection (a) are deemed to satisfy the conditions specified in subsection (b) if protecting such organizations against such other extremist attacks would help protect such organizations against such terrorist attacks and threats.".

Inserted: (b) Plan.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency 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 plan for the administration of the program office for the Nonprofit Security Grant Program established under subsection (f) of section 2009 of the Homeland Security Act 2002 (6 U.S.C. 609a), as amended by subsection (a), including a staffing plan for such program office.

Inserted: (c) Conforming Amendment.--Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended--

Inserted: (1) in subsection (c) by striking "sections 2003 and 2004" and inserting "sections 2003, 2004, and 2009"; and

Inserted: (2) in subsection (e), by striking "section 2003 or 2004" and inserting "sections 2003, 2004, or 2009".

Inserted: SEC. 59102. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.

Inserted: (a) In General.--Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is amended--

Inserted: (1) in subsection (a)--

Inserted: (A) in the subsection heading, by striking "In General" and inserting "In General; Mission";

Inserted: (B) by striking "2022" and inserting "2032"; and

Inserted: (C) by striking the second sentence and inserting "The Institute's mission shall be to educate, train, and equip State, local, territorial, and Tribal law enforcement officers, prosecutors, judges, participants in the United States Secret Service's network of cyber fraud task forces, and other appropriate individuals regarding the investigation and prevention of cybersecurity incidents, electronic crimes, and related cybersecurity threats, including through the dissemination of homeland security information, in accordance with relevant Department guidance regarding privacy, civil rights, and civil liberties protections.";

Inserted: (2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;

Inserted: (3) by striking subsection (b) and inserting the following new subsections:

Inserted: "(b) Curriculum.--In furtherance of subsection (a), all education and training of the Institute shall be conducted in accordance with relevant Federal law and policy regarding privacy, civil rights, and civil liberties protections, including best practices for safeguarding data privacy and fair information practice principles. Education and training provided pursuant to subsection (a) shall relate to the following:

Inserted: "(1) Investigating and preventing cybersecurity incidents, electronic crimes, and related cybersecurity threats, including relating to instances involving illicit use of digital assets and emerging trends in cybersecurity and electronic crime.

Inserted: "(2) Conducting forensic examinations of computers, mobile devices, and other information systems.

Inserted: "(3) Prosecutorial and judicial considerations related to cybersecurity incidents, electronic crimes, related cybersecurity threats, and forensic examinations of computers, mobile devices, and other information systems.

Inserted: "(4) Methods to obtain, process, store, and admit digital evidence in court.

Inserted: "(c) Research and Development.--In furtherance of subsection (a), the Institute shall research, develop, and share information relating to investigating cybersecurity incidents, electronic crimes, and related cybersecurity threats that prioritize best practices for forensic examinations of computers, mobile devices, and other information systems. Such information may include training on methods to investigate ransomware and other threats involving the use of digital assets.";

Inserted: (4) in subsection (d), as so redesignated--

Inserted: (A) by striking "cyber and electronic crime and related threats is shared with State, local, tribal, and territorial law enforcement officers and prosecutors" and inserting "cybersecurity incidents, electronic crimes, and related cybersecurity threats is shared with recipients of education and training provided pursuant to subsection (a)"; and

Inserted: (B) by adding at the end the following new sentence: "The Institute shall prioritize providing education and training to individuals from geographically-diverse jurisdictions throughout the United States.";

Inserted: (5) in subsection (e), as so redesignated--

Inserted: (A) by striking "State, local, tribal, and territorial law enforcement officers" and inserting "recipients of education and training provided pursuant to subsection (a)"; and

Inserted: (B) by striking "necessary to conduct cyber and electronic crime and related threat investigations and computer and mobile device forensic examinations" and inserting "for investigating and preventing cybersecurity incidents, electronic crimes, related cybersecurity threats, and for forensic examinations of computers, mobile devices, and other information systems";

Inserted: (6) in subsection (f), as so redesignated--

Inserted: (A) by amending the heading to read as follows: "Cyber Fraud Task Forces";

Inserted: (B) by striking "Electronic Crime" and inserting "Cyber Fraud";

Inserted: (C) by striking "State, local, tribal, and territorial law enforcement officers" and inserting "recipients of education and training provided pursuant to subsection (a)"; and

Inserted: (D) by striking "at" and inserting "by";

Inserted: (7) by redesignating subsection (g), as redesignated pursuant to paragraph (2), as subsection (j); and

Inserted: (8) by inserting after subsection (f), as so redesignated, the following new subsections:

Inserted: "(g) Expenses.--The Director of the United States Secret Service may pay for all or a part of the education, training, or equipment provided by the Institute, including relating to the travel, transportation, and subsistence expenses of recipients of education and training provided pursuant to subsection (a).

Inserted: "(h) Annual Reports to Congress.--The Secretary shall include in the annual report required pursuant to section 1116 of title 31, United States Code, information regarding the activities of the Institute, including relating to the following:

Inserted: "(1) Activities of the Institute, including, where possible, an identification of jurisdictions with recipients of education and training provided pursuant to subsection (a) of this section during such year and information relating to the costs associated with such education and training.

Inserted: "(2) Any information regarding projected future demand for such education and training.

Inserted: "(3) Impacts of the Institute's activities on jurisdictions' capability to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats.

Inserted: "(4) A description of the nomination process for State, local, territorial, and Tribal law enforcement officers, prosecutors, judges, participants in the United States Secret Service's network of cyber fraud task forces, and other appropriate individuals to receive the education and training provided pursuant to subsection (a).

Inserted: "(5) Any other issues determined relevant by the Secretary.

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

Inserted: "(1) Cybersecurity threat.--The term 'cybersecurity threat' 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: "(2) Incident.--The term 'incident' has the meaning given such term in section 2209(a).

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) Guidance From the Privacy Officer and Civil Rights and Civil Liberties Officer.--The Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall provide guidance, upon the request of the Director of the United States Secret Service, regarding the functions specified in subsection (b) of section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a).

Inserted: (c) Template for Information Collection From Participating Jurisdictions.--Not later than 180 days after the date of the enactment of this Act, the Director of the United States Secret Service shall develop and disseminate to jurisdictions that are recipients of education and training provided by the National Computer Forensics Institute pursuant to subsection (a) of section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a), a template to permit each such jurisdiction to submit to the Director reports on the impacts on such jurisdiction of such education and training, including information on the number of digital forensics exams conducted annually. The Director shall, as appropriate, revise such template and disseminate to jurisdictions described in this subsection any such revised templates.

Inserted: (d) Requirements Analysis.--

Inserted: (1) In general.--Not later than one year after the date of the enactment of this Act, the Director of the United States Secret Service shall carry out a requirements analysis of approaches to expand capacity of the National Computer Forensics Institute to carry out the Institute's mission as set forth in subsection (a) of section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a).

Inserted: (2) Submission.--Not later than 90 days after completing the requirements analysis under paragraph (1), the Director of the United States Secret Service shall submit to Congress such analysis, together with a plan to expand the capacity of the National Computer Forensics Institute to provide education and training described in such subsection. Such analysis and plan shall consider the following:

Inserted: (A) Expanding the physical operations of the Institute.

Inserted: (B) Expanding the availability of virtual education and training to all or a subset of potential recipients of education and training from the Institute.

Inserted: (C) Some combination of the considerations set forth in subparagraphs (A) and (B).

Inserted: (e) Research and Development.--The Director of the United States Secret Service may coordinate with the Under Secretary for Science and Technology of the Department of Homeland Security to carry out research and development of systems and procedures to enhance the National Computer Forensics Institute's capabilities and capacity to carry out the Institute's mission as set forth in subsection (a) of section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a).

Inserted: SEC. 59103. HOMELAND SECURITY CAPABILITIES PRESERVATION.

Inserted: (a) Plan.--

Inserted: (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency, 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 plan, informed by the survey information collected pursuant to subsection (b), to make Federal assistance available for at least three consecutive fiscal years to certain urban areas that in the current fiscal year did not receive grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604) and require continued Federal assistance for the purpose of preserving a homeland security capability related to preventing, preparing for, protecting against, and responding to acts of terrorism that had been developed or otherwise supported through prior grant funding under such Initiative and allow for such urban areas to transition to such urban areas costs of preserving such homeland security capabilities.

Inserted: (2) Additional requirement.--The plan required under paragraph (1) shall also contain a prohibition on an urban area that in a fiscal year is eligible to receive Federal assistance described in such paragraph from also receiving grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002. In such a case, such plan shall require such an urban area to promptly notify the Administrator of the Federal Emergency Management Agency regarding the preference of such urban area to retain either--

Inserted: (A) such eligibility for such Federal assistance; or

Inserted: (B) such receipt of such grant funding.

Inserted: (b) Survey.--In developing the plan required under subsection (a), the Administrator of the Federal Emergency Management Agency, shall, to ascertain the scope of Federal assistance required, survey urban areas that--

Inserted: (1) did not receive grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 in the current fiscal year concerning homeland security capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism that had been developed or otherwise supported through funding under such Initiative that are at risk of being reduced or eliminated without such Federal assistance;

Inserted: (2) received such funding in the current fiscal year, but did not receive such funding in at least one fiscal year in the six fiscal years immediately preceding the current fiscal year; and

Inserted: (3) any other urban areas the Secretary determines appropriate.

Inserted: (c) Exemption.--The Secretary of Homeland Security may exempt the Federal Emergency Management Agency from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the "Paperwork Reduction Act"), for purposes of carrying out subsection (b) if the Secretary determines that complying with such requirements would delay the development of the plan required under subsection (a).

Inserted: (d) Contents.--The plan required under subsection (a) shall--

Inserted: (1) establish eligibility criteria for urban areas to receive Federal assistance pursuant to such plan to provide assistance for the purpose described in such subsection;

Inserted: (2) identify annual funding levels for such Federal assistance in accordance with the survey required under subsection (b); and

Inserted: (3) consider a range of approaches to make such Federal assistance available to such urban areas, including--

Inserted: (A) modifications to the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 in a manner that would not affect the availability of funding to urban areas under such Initiative;

Inserted: (B) the establishment of a competitive grant program;

Inserted: (C) the establishment of a formula grant program; and

Inserted: (D) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach.

Inserted: SEC. 59104. SCHOOL AND DAYCARE PROTECTION.

Inserted: (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

Inserted: "SEC. 714. SCHOOL SECURITY COORDINATING COUNCIL.

Inserted: "(a) Establishment.--There is established in the Department a coordinating council to ensure that, to the maximum extent practicable, activities, plans, and policies to enhance the security of early childhood education programs, elementary schools, high schools, and secondary schools against acts of terrorism and other homeland security threats are coordinated.

Inserted: "(b) Composition.--The members of the council established pursuant to subsection (a) shall include the following:

Inserted: "(1) The Under Secretary for Strategy, Policy, and Plans.

Inserted: "(2) The Director of the Cybersecurity and Infrastructure Security.

Inserted: "(3) The Administrator of the Federal Emergency Management Agency.

Inserted: "(4) The Director of the Secret Service.

Inserted: "(5) The Executive Director of the Office of Academic Engagement.

Inserted: "(6) The Assistant Secretary for Public Affairs.

Inserted: "(7) Any other official of the Department the Secretary determines appropriate.

Inserted: "(c) Leadership.--The Secretary shall designate a member of the council to serve as chair of the council.

Inserted: "(d) Resources.--The Secretary shall participate in Federal efforts to maintain and publicize a clearinghouse of resources available to early childhood education programs, elementary schools, high schools, and secondary schools to enhance security against acts of terrorism and other homeland security threats.

Inserted: "(e) Reports.--Not later than January 30, 2023, and annually thereafter, the Secretary 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 regarding the following:

Inserted: "(1) The Department's activities, plans, and policies aimed at enhancing the security of early childhood education programs, elementary schools, high schools, and secondary schools against acts of terrorism and other homeland security threats.

Inserted: "(2) With respect to the immediately preceding year, information on the following:

Inserted: "(A) The council's activities during such year.

Inserted: "(B) The Department's contributions to Federal efforts to maintain and publicize the clearinghouse of resources referred to in subsection (d) during such year.

Inserted: "(3) Any metrics regarding the efficacy of such activities and contributions, and any engagement with stakeholders outside of the Federal Government.

Inserted: "(f) Definitions.--In this section, the terms 'early childhood education program', 'elementary school', 'high school', and 'secondary school' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).".

Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 713 the following new item:

Inserted: "Sec. 714. School security coordinating council.".

Inserted: SEC. 59105. REPORTING EFFICIENTLY TO PROPER OFFICIALS IN RESPONSE TO TERRORISM.

Inserted: (a) In General.--Whenever an act of terrorism occurs in the United States, the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the head of the National Counterterrorism Center, shall submit to the appropriate congressional committees, by not later than one year after the completion of the investigation concerning such act by the primary Government agency conducting such investigation, an unclassified report (which may be accompanied by a classified annex) concerning such act.

Inserted: (b) Content of Reports.--A report under this section shall--

Inserted: (1) include a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report;

Inserted: (2) identify any gaps in homeland or national security that could be addressed to prevent future acts of terrorism; and

Inserted: (3) include any recommendations for additional measures that could be taken to improve homeland or national security, including recommendations relating to potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism.

Inserted: (c) Exception.--

Inserted: (1) In general.--If the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or, as appropriate, the head of the National Counterterrorism Center determines any information described in subsection (b) required to be reported in accordance with subsection (a) could jeopardize an ongoing investigation or prosecution, the Secretary, Attorney General, Director, or head, as the case may be--

Inserted: (A) may withhold from reporting such information; and

Inserted: (B) shall notify the appropriate congressional committees of such determination.

Inserted: (2) Saving provision.--Withholding of information pursuant to a determination under paragraph (1) shall not affect in any manner the responsibility to submit a report required under subsection (a) containing other information described in subsection (b) not subject to such determination.

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

Inserted: (1) Act of terrorism.--The term "act of terrorism" has the meaning given such term in section 3077 of title 18, United States Code.

Inserted: (2) Appropriate congressional committees.--The term "appropriate congressional committees" means--

Inserted: (A) in the House of Representatives--

Inserted: (i) the Committee on Homeland Security;

Inserted: (ii) the Committee on the Judiciary; and

Inserted: (iii) the Permanent Select Committee on Intelligence; and

Inserted: (B) in the Senate--

Inserted: (i) the Committee on Homeland Security and Governmental Affairs;

Inserted: (ii) the Committee on the Judiciary; and

Inserted: (iii) the Select Committee on Intelligence.

Inserted: SEC. 59106. CYBERSECURITY GRANTS FOR SCHOOLS.

Inserted: (a) In General.--Section 2220 of the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended by adding at the end the following new subsection:

Inserted: "(e) Grants and Cooperative Agreements.--The Director may award financial assistance in the form of grants or cooperative agreements to States, local governments, institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), nonprofit organizations, and other non-Federal entities as determined appropriate by the Director for the purpose of funding cybersecurity and infrastructure security education and training programs and initiatives to--

Inserted: "(1) carry out the purposes of CETAP; and

Inserted: "(2) enhance CETAP to address the national shortfall of cybersecurity professionals.".

Inserted: (b) Briefings.--Paragraph (2) of subsection (c) of section 2220 of the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended--

Inserted: (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E) respectively; and

Inserted: (2) by inserting after subparagraph (B) the following new subparagraph:

Inserted: "(C) information on any grants or cooperative agreements made pursuant to subsection (e), including how any such grants or cooperative agreements are being used to enhance cybersecurity education for underserved populations or communities;".

Inserted: Subtitle B--Enhancing DHS Acquisitions and Supply Chain SEC. 59121. HOMELAND PROCUREMENT REFORM.

Inserted: (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section:

Inserted: "SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL SECURITY INTERESTS.

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

Inserted: "(1) Covered item.--The term 'covered item' means any of the following:

Inserted: "(A) Footwear provided as part of a uniform.

Inserted: "(B) Uniforms.

Inserted: "(C) Holsters and tactical pouches.

Inserted: "(D) Patches, insignia, and embellishments.

Inserted: "(E) Chemical, biological, radiological, and nuclear protective gear.

Inserted: "(F) Body armor components intended to provide ballistic protection for an individual, consisting of 1 or more of the following:

Inserted: "(i) Soft ballistic panels.

Inserted: "(ii) Hard ballistic plates.

Inserted: "(iii) Concealed armor carriers worn under a uniform.

Inserted: "(iv) External armor carriers worn over a uniform.

Inserted: "(G) Any other item of clothing or protective equipment as determined appropriate by the Secretary.

Inserted: "(2) Frontline operational component.-- The term 'frontline operational component' means any of the following organizations of the Department:

Inserted: "(A) U.S. Customs and Border Protection.

Inserted: "(B) U.S. Immigration and Customs Enforcement.

Inserted: "(C) The United States Secret Service.

Inserted: "(D) The Transportation Security Administration.

Inserted: "(E) The Coast Guard.

Inserted: "(F) The Federal Protective Service.

Inserted: "(G) The Federal Emergency Management Agency.

Inserted: "(H) The Federal Law Enforcement Training Centers.

Inserted: "(I) The Cybersecurity and Infrastructure Security Agency.

Inserted: "(b) Requirements.--

Inserted: "(1) In general.--The Secretary shall ensure that any procurement of a covered item for a frontline operational component meets the following criteria:

Inserted: "(A)(i) To the maximum extent possible, not less than one-third of funds obligated in a specific fiscal year for the procurement of such covered items shall be covered items that are manufactured or supplied in the United States by entities that qualify as small business concerns, as such term is described under section 3 of the Small Business Act (15 U.S.C. 632).

Inserted: "(ii) Covered items may only be supplied pursuant to subparagraph (A) to the extent that United States entities that qualify as small business concerns--

Inserted: "(I) are unable to manufacture covered items in the United States; and

Inserted: "(II) meet the criteria identified in subparagraph (B).

Inserted: "(B) Each contractor with respect to the procurement of such a covered item, including the end-item manufacturer of such a covered item--

Inserted: "(i) is an entity registered with the System for Award Management (or successor system) administered by the General Services Administration; and

Inserted: "(ii) is in compliance with ISO 9001:2015 of the International Organization for Standardization (or successor standard) or a standard determined appropriate by the Secretary to ensure the quality of products and adherence to applicable statutory and regulatory requirements.

Inserted: "(C) Each supplier of such a covered item with an insignia (such as any patch, badge, or emblem) and each supplier of such an insignia, if such covered item with such insignia or such insignia, as the case may be, is not produced, applied, or assembled in the United States, shall--

Inserted: "(i) store such covered item with such insignia or such insignia in a locked area;

Inserted: "(ii) report any pilferage or theft of such covered item with such insignia or such insignia occurring at any stage before delivery of such covered item with such insignia or such insignia; and

Inserted: "(iii) destroy any such defective or unusable covered item with insignia or insignia in a manner established by the Secretary, and maintain records, for three years after the creation of such records, of such destruction that include the date of such destruction, a description of the covered item with insignia or insignia destroyed, the quantity of the covered item with insignia or insignia destroyed, and the method of destruction.

Inserted: "(2) Waiver.--

Inserted: "(A) In general.--In the case of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) or a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary may waive a requirement in subparagraph (A), (B) or (C) of paragraph (1) if the Secretary determines there is an insufficient supply of a covered item that meets the requirement.

Inserted: "(B) Notice.--Not later than 60 days after the date on which the Secretary determines a waiver under subparagraph (A) is necessary, the Secretary shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives notice of such determination, which shall include--

Inserted: "(i) identification of the national emergency or major disaster declared by the President;

Inserted: "(ii) identification of the covered item for which the Secretary intends to issue the waiver; and

Inserted: "(iii) a description of the demand for the covered item and corresponding lack of supply from contractors able to meet the criteria described in subparagraph (B) or (C) of paragraph (1).

Inserted: "(c) Pricing.--The Secretary shall ensure that covered items are purchased at a fair and reasonable price, consistent with the procedures and guidelines specified in the Federal Acquisition Regulation.

Inserted: "(d) Report.--Not later than 1 year after the date of enactment of this section and annually thereafter, the Secretary shall provide to the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a briefing on instances in which vendors have failed to meet deadlines for delivery of covered items and corrective actions taken by the Department in response to such instances.

Inserted: "(e) Effective Date.--This section applies with respect to a contract entered into by the Department or any frontline operational component on or after the date that is 180 days after the date of enactment of this section.".

Inserted: (b) Study.--

Inserted: (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a study of the adequacy of uniform allowances provided to employees of frontline operational components (as defined in section 836 of the Homeland Security Act of 2002, as added by subsection (a)).

Inserted: (2) Requirements.--The study conducted under paragraph (1) shall--

Inserted: (A) be informed by a Department-wide survey of employees from across the Department of Homeland Security who receive uniform allowances that seeks to ascertain what, if any, improvements could be made to the current uniform allowances and what, if any, impacts current allowances have had on employee morale and retention;

Inserted: (B) assess the adequacy of the most recent increase made to the uniform allowance for first year employees; and

Inserted: (C) consider increasing by 50 percent, at minimum, the annual allowance for all other employees.

Inserted: (c) Additional Report.--

Inserted: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall provide a report with recommendations on how the Department of Homeland Security could procure additional items from domestic sources and bolster the domestic supply chain for items related to national security to--

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

Inserted: (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives.

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

Inserted: (A) A review of the compliance of the Department of Homeland Security with the requirements under section 604 of title VI of division A of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items related to national security interests from sources in the United States.

Inserted: (B) An assessment of the capacity of the Department of Homeland Security to procure the following items from domestic sources:

Inserted: (i) Personal protective equipment and other items necessary to respond to a pandemic such as that caused by COVID-19.

Inserted: (ii) Helmets that provide ballistic protection and other head protection and components.

Inserted: (iii) Rain gear, cold weather gear, and other environmental and flame resistant clothing.

Inserted: (d) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 835 the following:

Inserted: "Sec. 836. Requirements to buy certain items related to national security interests.".

Inserted: SEC. 59122. DHS SOFTWARE SUPPLY CHAIN RISK MANAGEMENT.

Inserted: (a) Guidance.--The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new and existing covered contracts.

Inserted: (b) New Covered Contracts.--In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer--

Inserted: (1) a planned bill of materials when submitting a bid proposal; and

Inserted: (2) the certification and notifications described in subsection (e).

Inserted: (c) Existing Covered Contracts.--In developing guidance under subsection (a), with respect to each existing covered contract, each contractor with an existing covered contract shall submit to the covered officer--

Inserted: (1) the bill of materials used for such contract, upon the request of such officer; and

Inserted: (2) the certification and notifications described in subsection (e).

Inserted: (d) Updating Bill of Materials.--With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner.

Inserted: (e) Certification and Notifications.--The certification and notifications referred to in subsections (b)(2) and (c)(2), with respect to a covered contract, are the following:

Inserted: (1) A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service identified in--

Inserted: (A) the National Institute of Standards and Technology National Vulnerability Database; and

Inserted: (B) any database designated by the Under Secretary, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, that tracks security vulnerabilities and defects in open source or third-party developed software.

Inserted: (2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through--

Inserted: (A) the certification of such submitted bill of materials required under paragraph (1); or

Inserted: (B) any other manner of identification.

Inserted: (3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2).

Inserted: (f) Enforcement.--In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to--

Inserted: (1) the processes available to such officers enforcing subsections (b) and (c); and

Inserted: (2) when such processes should be used.

Inserted: (g) Effective Date.--The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section.

Inserted: (h) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Secretary, 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 includes--

Inserted: (1) a review of the implementation of this section;

Inserted: (2) information relating to the engagement of the Department of Homeland Security with industry;

Inserted: (3) an assessment of how the guidance issued pursuant to subsection (a) complies with Executive Order 14208 (86 Fed. Reg. 26633; relating to improving the nation's cybersecurity); and

Inserted: (4) any recommendations relating to improving the supply chain with respect to covered contracts.

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

Inserted: (1) Bill of materials.--The term "bill of materials" means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary.

Inserted: (2) Covered contract.--The term "covered contract" means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security.

Inserted: (3) Covered information and communications technology or services.--The term "covered information and communications technology or services" means the terms--

Inserted: (A) "information technology" (as such term is defined in section 11101(6) of title 40, United States Code);

Inserted: (B) "information system" (as such term is defined in section 3502(8) of title 44, United States Code);

Inserted: (C) "telecommunications equipment" (as such term is defined in section 3(52) of the Communications Act of 1934 (47 U.S.C. 153(52))); and

Inserted: (D) "telecommunications service" (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))).

Inserted: (4) Covered officer.--The term "covered officer" means--

Inserted: (A) a contracting officer of the Department; and

Inserted: (B) any other official of the Department as determined appropriate by the Under Secretary.

Inserted: (5) Software.--The term "software" means computer programs and associated data that may be dynamically written or modified during execution.

Inserted: (6) Under secretary.--The term "Under Secretary" means the Under Secretary for Management of the Department of Homeland Security.

Inserted: SEC. 59123. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.

Inserted: (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section:

Inserted: "SEC. 890C. MENTOR-PROTEGE PROGRAM.

Inserted: "(a) Establishment.--There is established in the Department a mentor-protege program (in this section referred to as the 'Program') under which a mentor firm enters into an agreement with a protege firm for the purpose of assisting the protege firm to compete for prime contracts and subcontracts of the Department.

Inserted: "(b) Eligibility.--The Secretary shall establish criteria for mentor firms and protege firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred.

Inserted: "(c) Program Application and Approval.--

Inserted: "(1) Application.--The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protege firm selected by the mentor firm. The application shall include each of the following:

Inserted: "(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protege firm.

Inserted: "(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.

Inserted: "(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.

Inserted: "(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protege firm's developmental progress.

Inserted: "(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.

Inserted: "(2) Approval.--Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration.

Inserted: "(3) Rescission.--The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.

Inserted: "(d) Program Duration.--A mentor firm and protege firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months.

Inserted: "(e) Program Benefits.--A mentor firm and protege firm that enter into an agreement under subsection (d) may receive the following Program benefits:

Inserted: "(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program.

Inserted: "(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protege firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protege firm.

Inserted: "(3) A protege firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.

Inserted: "(f) Reporting.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that--

Inserted: "(1) identifies each agreement between a mentor firm and a protege firm entered into under this section, including the number of protege firm participants that are--

Inserted: "(A) small business concerns;

Inserted: "(B) small business concerns owned and controlled by veterans;

Inserted: "(C) small business concerns owned and controlled by service-disabled veterans;

Inserted: "(D) qualified HUBZone small business concerns;

Inserted: "(E) small business concerns owned and controlled by socially and economically disadvantaged individuals;

Inserted: "(F) small business concerns owned and controlled by women;

Inserted: "(G) historically Black colleges and universities; and

Inserted: "(H) minority-serving institutions;

Inserted: "(2) describes the type of assistance provided by mentor firms to protege firms;

Inserted: "(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protege firm under the Program; and

Inserted: "(4) assesses the degree to which there has been--

Inserted: "(A) an increase in the technical capabilities of protege firms; and

Inserted: "(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protege firms for the period covered by the report.

Inserted: "(g) Rule of Construction.--Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control.

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

Inserted: "(1) Historically black college or university.--The term 'historically Black college or university' has the meaning given the term 'part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

Inserted: "(2) Mentor firm.--The term 'mentor firm' means a for-profit business concern that is not a small business concern that--

Inserted: "(A) has the ability to assist and commits to assisting a protege to compete for Federal prime contracts and subcontracts; and

Inserted: "(B) satisfies any other requirements imposed by the Secretary.

Inserted: "(3) Minority-serving institution.--The term 'minority-serving institution' means an institution of higher education described in section 317 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

Inserted: "(4) Protege firm.--The term 'protege firm' means a small business concern, a historically Black college or university, or a minority-serving institution that--

Inserted: "(A) is eligible to enter into a prime contract or subcontract with the Department; and

Inserted: "(B) satisfies any other requirements imposed by the Secretary.

Inserted: "(5) Small business act definitions.--The terms 'small business concern', 'small business concern owned and controlled by veterans', 'small business concern owned and controlled by service-disabled veterans', 'qualified HUBZone small business concern', 'and small business concern owned and controlled by women' have the meanings given such terms, respectively, under section 3 of the Small Business Act (15 U.S.C. 632). The term 'small business concern owned and controlled by socially and economically disadvantaged individuals' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).".

Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890B the following new item:

Inserted: "Sec. 890C. Mentor-protege program.".

Inserted: SEC. 59124. DHS TRADE AND ECONOMIC SECURITY COUNCIL.

Inserted: (a) DHS Trade and Economic Security Council.--

Inserted: (1) In general.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is further amended by adding at the end the following new section:

Inserted: "SEC. 890D. DHS TRADE AND ECONOMIC SECURITY COUNCIL.

Inserted: "(a) Establishment.--There is established in the Department the DHS Trade and Economic Security Council (referred to in this section as the 'Council').

Inserted: "(b) Duties of the Council.--The Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including--

Inserted: "(1) identifying concentrated risks for trade and economic security;

Inserted: "(2) setting priorities for securing the Nation's trade and economic security;

Inserted: "(3) coordinating Department-wide activity on trade and economic security matters;

Inserted: "(4) with respect to the President's continuity of the economy plan under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021;

Inserted: "(5) proposing statutory and regulatory changes impacting trade and economic security; and

Inserted: "(6) any other matters the Secretary considers appropriate.

Inserted: "(c) Membership.--

Inserted: "(1) In general.--The Council shall be composed of the following members:

Inserted: "(A) The Assistant Secretary for Trade and Economic Security of the Office of Strategy, Policy, and Plans of the Department.

Inserted: "(B) An officer or an employee, selected by the Secretary, from each of the following components and offices of the Department:

Inserted: "(i) The Cybersecurity and Infrastructure Security Agency.

Inserted: "(ii) The Federal Emergency Management Agency.

Inserted: "(iii) The Office of Intelligence and Analysis.

Inserted: "(iv) The Science and Technology Directorate.

Inserted: "(v) United States Citizenship and Immigration Services.

Inserted: "(vi) The Coast Guard.

Inserted: "(vii) U.S. Customs and Border Protection.

Inserted: "(viii) U.S. Immigration and Customs Enforcement.

Inserted: "(ix) The Transportation Security Administration.

Inserted: "(2) Chair and vice chair.--The Assistant Secretary for Trade and Economic Security shall serve as Chair of the Council. The Assistant Secretary for Trade and Economic Security may designate a Council member as a Vice Chair.

Inserted: "(d) Meetings.--The Council shall meet not less frequently than quarterly, as well as--

Inserted: "(1) at the call of the Chair; or

Inserted: "(2) at the direction of the Secretary.

Inserted: "(e) Briefings.--Not later than 180 days after the date of the enactment of this section and every six months thereafter for four years, the Council shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the actions and activities of the Council.

Inserted: "(f) Definition.--In this section, the term 'economic security' means the condition of having secure and resilient domestic production capacity combined with reliable access to the global resources necessary to maintain an acceptable standard of living and protect core national values.".

Inserted: (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890C the following new item:

Inserted: "Sec. 890D. DHS Trade and Economic Security Council.".

Inserted: (b) Assistant Secretary for Trade and Economic Security.--Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended--

Inserted: (1) by redesignating subsection (g) as subsection (h); and

Inserted: (2) by inserting after subsection (f) the following new subsection:

Inserted: "(g) Assistant Secretary for Trade and Economic Security.--

Inserted: "(1) In general.--There is within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security.

Inserted: "(2) Duties.--The Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.

Inserted: "(3) Additional responsibilities.--In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security shall--

Inserted: "(A) oversee--

Inserted: "(i) the activities and enhancements of requirements for supply chain mapping not otherwise assigned by law or by the Secretary to another officer; and

Inserted: "(ii) assessments and reports to Congress related to critical economic security domains;

Inserted: "(B) serve as the executive for the Department on the Committee on Foreign Investment in the United States (CFIUS), the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, and the Federal Acquisition Security Council (in addition to any position on such Council occupied by a representative of the Cybersecurity and Infrastructure Security Agency of the Department);

Inserted: "(C) coordinate with stakeholders in other Federal departments and agencies and non-governmental entities with trade and economic security interests, authorities, and responsibilities; and

Inserted: "(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.

Inserted: "(4) Definitions.--In this subsection:

Inserted: "(A) Critical economic security domain.--The term 'critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States.

Inserted: "(B) Economic security.--The term 'economic security' has the meaning given such term in section 890B.".

Inserted: (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $3,000,000 for each of fiscal years 2023 through 2027 to carry out section 890B and subsection (g) of section 709 of the Homeland Security Act of 2002, as added and inserted, respectively, by subsections (a) and (b) of this Act.

Inserted: SEC. 59125. DHS ACQUISITION REFORM.

Inserted: (a) Acquisition Authorities for the Under Secretary of Management of the Department of Homeland Security.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended--

Inserted: (1) in subsection (a)--

Inserted: (A) in paragraph (2), by inserting "and acquisition management" after "Procurement"; and

Inserted: (B) in paragraph (6), by inserting "(including firearms and other sensitive assets)" after "equipment";

Inserted: (2) by redesignating subsections (d), the first subsection (e) (relating to the system for award management consultation), and the second subsection (e) (relating to the definition of interoperable communications) as subsections (e), (f), and (g), respectively; and

Inserted: (3) by inserting after subsection (c) the following new subsection:

Inserted: "(d) Acquisition and Related Responsibilities.--

Inserted: "(1) In general.--Notwithstanding section 1702(a) of title 41, United States Code, the Under Secretary for Management is the Chief Acquisition Officer of the Department. As Chief Acquisition Officer, the Under Secretary shall have the authorities and perform the functions specified in section 1702(b) of such title, and perform all other functions and responsibilities delegated by the Secretary or described in this subsection.

Inserted: "(2) Functions and responsibilities.--In addition to the authorities and functions specified in section 1702(b) of title 41, United States Code, the functions and responsibilities of the Under Secretary for Management related to acquisition (as such term is defined in section 131 of such title) include the following:

Inserted: "(A) Advising the Secretary regarding acquisition management activities, considering risks of failure to achieve cost, schedule, or performance parameters, to ensure that the Department achieves its mission through the adoption of widely accepted program management best practices (as such term is defined in section 837) and standards and, where appropriate, acquisition innovation best practices.

Inserted: "(B) Leading the Department's acquisition oversight body, the Acquisition Review Board.

Inserted: "(C) Synchronizing interagency coordination relating to acquisition programs and acquisition management efforts of the Department.

Inserted: "(D) Exercising the acquisition decision authority (as such term is defined in section 837) to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs (as such term is defined in section 837), unless the Under Secretary delegates such authority to a Component Acquisition Executive (as such term is defined in section 837) pursuant to paragraph (3).

Inserted: "(E) Providing additional scrutiny and oversight for an acquisition that is not a major acquisition if--

Inserted: "(i) the acquisition is for a program that is important to the strategic and performance plans of the Department;

Inserted: "(ii) the acquisition is for a program with significant program or policy implications; and

Inserted: "(iii) the Secretary determines that such scrutiny and oversight for the acquisition is proper and necessary.

Inserted: "(F) Establishing policies for managing acquisitions across the Department that promote best practices (as such term is defined in section 837).

Inserted: "(G) Establishing policies for acquisition that implement an approach that considers risks of failure to achieve cost, schedule, or performance parameters that all components of the Department shall comply with, including outlining relevant authorities for program managers to effectively manage acquisition programs (as such term is defined in section 837).

Inserted: "(H) Ensuring that each major acquisition program has a Department-approved acquisition program baseline (as such term is defined in section 837), pursuant to the Department's acquisition management policy that is traceable to the life-cycle cost estimate of the program, integrated master schedule, and operational requirements.

Inserted: "(I) Assisting the heads of components and Component Acquisition Executives in efforts to comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives.

Inserted: "(J) Ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred.

Inserted: "(K) Distributing guidance throughout the Department to ensure that contractors involved in acquisitions, particularly contractors that access the Department's information systems and technologies, adhere to relevant Department policies related to physical and information security as identified by the Under Secretary.

Inserted: "(L) Overseeing the Component Acquisition Executive organizational structure to ensure Component Acquisition Executives have sufficient capabilities and comply with Department acquisition policies.

Inserted: "(M) Developing and managing a professional acquisition workforce to ensure the goods and services acquired by the Department meet the needs of the mission and are at the best value for the expenditure of public resources.

Inserted: "(3) Delegation of certain acquisition decision authority.--The Under Secretary for Management may delegate acquisition decision authority, in writing, to the relevant Component Acquisition Executive for a major capital asset, service, or hybrid acquisition program that has a life-cycle cost estimate of at least $300,000,000 but not more than $1,000,000,000, based on fiscal year 2022 constant dollars, if--

Inserted: "(A) the component concerned possesses working policies, processes, and procedures that are consistent with Department acquisition policy;

Inserted: "(B) the Component Acquisition Executive concerned has adequate, experienced, and

Inserted: dedicated professional employees with program management training; and

Inserted: "(C) each major acquisition program has a Department-approved acquisition program baseline, and it is meeting agreed-upon cost, schedule, and performance thresholds.".

Inserted: (b) Office of Test and Evaluation of the Department of Homeland Security.--

Inserted: (1) In general.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:

Inserted: "SEC. 323. OFFICE OF TEST AND EVALUATION.

Inserted: "(a) Establishment of Office.--There is established in the Directorate of Science and Technology of the Department an Office of Test and Evaluation (in this section referred to as the 'Office'). The Office shall--

Inserted: "(1) serve as the principal advisory office for test and evaluation support across the Department; and

Inserted: "(2) serve as the test and evaluation liaison with--

Inserted: "(A) Federal agencies and foreign, State, local, Tribal, and territorial governments;

Inserted: "(B) the private sector;

Inserted: "(C) institutions of higher education; and

Inserted: "(D) other relevant entities.

Inserted: "(b) Director.--The Office shall be led by a Director. The Director shall oversee the duties specified in subsection (a) and carry out the following responsibilities:

Inserted: "(1) Serve as a member of the Department's Acquisition Review Board.

Inserted: "(2) Establish and update, as necessary, test and evaluation policies, procedures, and guidance for the Department.

Inserted: "(3) Ensure, in coordination with the Chief Acquisition Officer, the Joint Requirements Council, the Under Secretary for Science and Technology, and relevant component heads, that acquisition programs (as such term is defined in section 837)--

Inserted: "(A) complete reviews of operational requirements to ensure such requirements--

Inserted: "(i) are informed by threats, including physical and cybersecurity threats;

Inserted: "(ii) are operationally relevant; and

Inserted: "(iii) are measurable, testable, and achievable within the constraints of cost and schedule;

Inserted: "(B) complete independent testing and evaluation of a system or service throughout development of such system or service;

Inserted: "(C) complete operational testing and evaluation that includes all system components and incorporates operators into such testing and evaluation to ensure that a system or service satisfies the mission requirements in the operational environment of such system or service as intended in the acquisition program baseline;

Inserted: "(D) use independent verification and validation of test and evaluation implementation and results, as appropriate; and

Inserted: "(E) document whether such programs meet all operational requirements.

Inserted: "(4) Provide oversight of test and evaluation activities for major acquisition programs throughout the acquisition life cycle by--

Inserted: "(A) approving program test and evaluation master plans, plans for individual test and evaluation events, and other related documentation, determined appropriate by the Director;

Inserted: "(B) approving which independent test and evaluation agent or third-party tester is selected for each program; and

Inserted: "(C) providing an independent assessment to the acquisition decision authority (as such term is defined in section 837) that assesses a program's progress in meeting operational requirements and operational effectiveness, suitability, and resilience to inform production and deployment decisions.

Inserted: "(5) Determine if testing of a system or service conducted by other Federal agencies, entities, or institutions of higher education are relevant and sufficient in determining whether such system or service performs as intended.

Inserted: "(c) Annual Report.--

Inserted: "(1) In general.--Not later than one year after the date of the enactment of this section and annually thereafter, the Director of the Office shall submit to the Secretary, the Under Secretary for Management, component heads, and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report relating to the test and evaluation activities of the major acquisition programs of the Department for the previous fiscal year.

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

Inserted: "(A) An assessment of--

Inserted: "(i) test and evaluation activities conducted for each major acquisition program with respect to demonstrating operational requirements and operational effectiveness, suitability, and resilience for each such program;

Inserted: "(ii) any waivers of, or deviations from, approved program test and evaluation master plans referred to in subsection (b)(3)(A);

Inserted: "(iii) any concerns raised by the independent test and evaluation agent or third-party tester selected and approved under subsection (b)(3)(B) relating to such waivers or deviations; and

Inserted: "(iv) any actions that have been taken or are planned to be taken to address such concerns.

Inserted: "(B) Recommendations with respect to resources, facilities, and levels of funding made available for test and evaluation activities referred to in subparagraph (A).

Inserted: "(3) Form.--Each report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.

Inserted: "(d) Relationship to Under Secretary for Science and Technology.--

Inserted: "(1) In general.--The Under Secretary for Management and the Under Secretary for Science and Technology shall coordinate in matters related to Department-wide acquisitions so that investments of the Directorate of Science and Technology are able to support current and future requirements of the components of the Department.

Inserted: "(2) Rule of construction.--Nothing in this subsection may be construed as affecting or diminishing the authority of the Under Secretary for Science and Technology.".

Inserted: (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 322 the following new item:

Inserted: "Sec. 323. Office of Test and Evaluation.".

Inserted: (c) Acquisition Authorities for Chief Financial Officer of the Department of Homeland Security.--Paragraph (2) of section 702(b) of the Homeland Security Act of 2002 (6 U.S.C. 342(b)) is amended by--

Inserted: (1) redesignating subparagraph (I) as subparagraph (J); and

Inserted: (2) inserting after subparagraph (H) the following new subparagraph:

Inserted: "(I) Oversee the costs of acquisition programs (as such term is defined in section 837) and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities.".

Inserted: (d) Acquisition Authorities for Chief Information Officer of the Department of Homeland Security.--Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended--

Inserted: (1) by redesignating subsection (b) as subsection (c); and

Inserted: (2) by inserting after subsection (a) the following new subsection:

Inserted: "(b) Acquisition Responsibilities.--In addition to the responsibilities specified in section 11315 of title 40, United States Code, the acquisition responsibilities of the Chief Information Officer, in consultation with the Under Secretary for Management, shall include the following:

Inserted: "(1) Overseeing the management of the Homeland Security Enterprise Architecture and ensuring that, before each acquisition decision event (as such term is defined in section 837), approved information technology acquisitions comply with any departmental information technology management requirements, security protocols, and the Homeland Security Enterprise Architecture, and in any case in which information technology acquisitions do not so comply, making recommendations to the Department's Acquisition Review Board regarding such noncompliance.

Inserted: "(2) Providing recommendations to the Acquisition Review Board regarding information technology programs and developing information technology acquisition strategic guidance.".

Inserted: (e) Acquisition Authorities for Under Secretary of Strategy, Policy, and Plans of the Department of Homeland Security.--Subsection (c) of section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended by--

Inserted: (1) redesignating paragraphs (4) through (7) as (5) through (8), respectively; and

Inserted: (2) inserting after paragraph (3) the following new paragraph:

Inserted: "(4) ensure acquisition programs (as such term is defined in section 837) support the DHS Quadrennial Homeland Security Review Report, the DHS Strategic Plan, the DHS Strategic Priorities, and other appropriate successor documents;".

Inserted: (f) Acquisition Authorities for Program Accountability and Risk Management (PARM) of the Department of Homeland Security.--

Inserted: (1) In general.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

Inserted: "SEC. 715. PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT OFFICE.

Inserted: "(a) Establishment of Office.--There is established in the Management Directorate of the Department a Program Accountability and Risk Management office. Such office shall--

Inserted: "(1) provide consistent accountability, standardization, and transparency of major acquisition programs of the Department;

Inserted: "(2) serve as the central oversight function for all Department major acquisition programs; and

Inserted: "(3) provide review and analysis of Department acquisition programs, as appropriate.

Inserted: "(b) Executive Director.--The Program Accountability and Risk Management office shall be led by an Executive Director. The Executive Director shall oversee the duties specified in subsection (a), report directly to the Under Secretary for Management, and carry out the following responsibilities:

Inserted: "(1) Regularly monitor the performance of Department major acquisition programs between acquisition decision events to identify problems with cost, performance, or schedule that components may need to address to prevent cost overruns, performance issues, or schedule delays.

Inserted: "(2) Assist the Under Secretary for Management in managing the Department's acquisition programs, acquisition workforce, and related activities of the Department.

Inserted: "(3) Conduct oversight of individual acquisition programs to implement Department acquisition program policy, procedures, and guidance, with a priority on ensuring the data the office collects and maintains from Department components is accurate and reliable.

Inserted: "(4) Serve as the focal point and coordinator for the acquisition life-cycle review process and as the executive secretariat for the Department's Acquisition Review Board.

Inserted: "(5) Advise the persons having acquisition decision authority to--

Inserted: "(A) make acquisition decisions consistent with all applicable laws; and

Inserted: "(B) establish clear lines of authority, accountability, and responsibility for acquisition decision-making within the Department.

Inserted: "(6) Develop standardized certification standards, in consultation with the Component Acquisition Executives, for all acquisition program managers.

Inserted: "(7) Assess the results of major acquisition programs' post-implementation reviews, and identify opportunities to improve performance throughout the acquisition process.

Inserted: "(8) Provide technical support and assistance to Department acquisition programs and acquisition personnel, and coordinate with the Chief Procurement Officer regarding workforce training and development activities.

Inserted: "(9) Assist, as appropriate, with the preparation of the Future Years Homeland Security Program, and make such information available to the congressional homeland security committees.

Inserted: "(10) In coordination with the Component Acquisition Executives, maintain the Master Acquisition Oversight List, updated quarterly, that shall serve as an inventory of all major acquisition programs and non-major acquisition programs within the Department, including for each such program--

Inserted: "(A) the component sponsoring the acquisition;

Inserted: "(B) the name of the acquisition;

Inserted: "(C) the acquisition level as determined by the anticipated life-cycle cost of the program and other criteria pursuant to the Department-level acquisition policy;

Inserted: "(D) the acquisition decision authority for the acquisition; and

Inserted: "(E) the current acquisition phase.

Inserted: "(c) Responsibilities of Components.--Each head of a component shall comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. For each major acquisition program, each head of a component shall--

Inserted: "(1) establish an organizational structure for conducting acquisitions within the component, to be managed by a Component Acquisition Executive;

Inserted: "(2) obtain the resources necessary to operate such an organizational structure that are aligned with the number, type, size, and complexity of the acquisition programs of the component; and

Inserted: "(3) oversee sustainment of capabilities deployed by major acquisition programs and non-major acquisition programs after all planned deployments are completed until such capabilities are retired or replaced.

Inserted: "(d) Responsibilities of Component Acquisition Executives.--Each Component Acquisition Executive shall--

Inserted: "(1) establish and implement policies and guidance for managing and conducting oversight for major acquisition programs and non-major acquisition programs within the component at issue that comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management;

Inserted: "(2) for each major acquisition program--

Inserted: "(A) define baseline requirements and document changes to such requirements, as appropriate;

Inserted: "(B) establish a complete life cycle cost estimate with supporting documentation that is consistent with cost estimating best practices as identified by the Comptroller General of the United States;

Inserted: "(C) verify each life cycle cost estimate against independent cost estimates or assessments, as appropriate, and reconcile any differences;

Inserted: "(D) complete a cost-benefit analysis with supporting documentation; and

Inserted: "(E) develop and maintain a schedule that is consistent with scheduling best practices as identified by the Comptroller General of the United States, including, in appropriate cases, an integrated master schedule;

Inserted: "(3) ensure that all acquisition program documentation provided by the component demonstrates the knowledge required for successful program execution prior to final approval and is complete, accurate, timely, and valid;

Inserted: "(4) in such cases where it is appropriate, exercise the acquisition decision authority to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs or non-major acquisition programs when delegated by the Under Secretary for Management pursuant to section 701(d)(3); and

Inserted: "(5) review, oversee, and direct activities between acquisition decision events for major acquisition programs within the component for which the Under Secretary for Management is the acquisition decision authority.

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

Inserted: "(1) Acquisition.--The term 'acquisition' has the meaning given such term in section 131 of title 41, United States Code.

Inserted: "(2) Acquisition decision authority.--The term 'acquisition decision authority' means the authority, in addition to the authorities and functions specified in subsection (b) of section 1702 of title 41, United States Code, held by the Secretary acting through the Under Secretary for Management to--

Inserted: "(A) ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives;

Inserted: "(B) review (including approving, pausing, modifying, or canceling) an acquisition program throughout the life cycle of such program;

Inserted: "(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program;

Inserted: "(D) ensure appropriate acquisition program management of cost, schedule, risk, and system or service performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for such breaches;

Inserted: "(E) ensure that acquisition program managers, on an ongoing basis, monitor cost, schedule, and performance against established baselines and use tools to assess risks to an acquisition program at all phases of the life-cycle of such program; and

Inserted: "(F) establish policies and procedures for major acquisition programs of the Department.

Inserted: "(3) Acquisition decision event.--The term 'acquisition decision event', with respect to an acquisition program, means a predetermined point within the acquisition life-cycle at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase.

Inserted: "(4) Acquisition program.--The term 'acquisition program' means the conceptualization, initiation, design, development, test, contracting, production, deployment, logistics support, modification, or disposal of systems, supplies, or services (including construction) to satisfy the Department's needs.

Inserted: "(5) Acquisition program baseline.--The term 'acquisition program baseline', with respect to an acquisition program, means the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be met to accomplish the goals of such program.

Inserted: "(6) Best practices.--The term 'best practices', with respect to acquisition, means a knowledge-based approach to capability development, procurement, and support that includes the following:

Inserted: "(A) Identifying and validating needs.

Inserted: "(B) Assessing alternatives to select the most appropriate solution.

Inserted: "(C) Establishing well-defined requirements.

Inserted: "(D) Developing realistic cost assessments and schedules that account for the entire life-cycle of an acquisition.

Inserted: "(E) Demonstrating technology, design, and manufacturing maturity before initiating production.

Inserted: "(F) Using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress throughout the acquisition phases.

Inserted: "(G) Regularly assessing and managing risks to achieve requirements and cost and schedule goals.

Inserted: "(H) To the maximum extent possible, adopting and executing standardized processes.

Inserted: "(I) Establishing a workforce that is qualified to perform necessary acquisition roles.

Inserted: "(J) Integrating into the Department's mission and business operations the capabilities described in subparagraphs (A) through (I).

Inserted: "(7) Breach.--The term 'breach', with respect to a major acquisition program, means a failure to meet any cost, schedule, or performance threshold specified in the most recently approved acquisition program baseline.

Inserted: "(8) Congressional homeland security committees.--The term 'congressional homeland security committees' means--

Inserted: "(A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

Inserted: "(B) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

Inserted: "(9) Component acquisition executive.--The term 'Component Acquisition Executive' means the senior acquisition official within a component who is designated in writing by the Under Secretary for Management, in consultation with the component head, with authority and responsibility for leading a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled, including compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary.

Inserted: "(10) Life-cycle cost.--The term 'life-cycle cost' means the total cost to the Government of acquiring, operating, supporting, and (if applicable) disposing of the items being acquired.

Inserted: "(11) Major acquisition program.--The term 'major acquisition program' means a Department capital asset, services, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2022 constant dollars) over its life cycle or a program identified by the Chief Acquisition Officer as a program of special interest.".

Inserted: (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 714 the following new item:

Inserted: "Sec. 715. Program Accountability and Risk Management office.".

Inserted: (g) Acquisition Documentation.--

Inserted: (1) In general.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

Inserted: "SEC. 837. ACQUISITION DOCUMENTATION.

Inserted: "For each major acquisition program (as such term is defined in section 714), the Secretary, acting through the Under Secretary for Management, shall require the head of each relevant component or office of the Department to--

Inserted: "(1) maintain acquisition documentation that is complete, accurate, timely, and valid, and that includes--

Inserted: "(A) operational requirements that are validated consistent with departmental policy;

Inserted: "(B) a complete life-cycle cost estimate with supporting documentation;

Inserted: "(C) verification of such life-cycle cost estimate against independent cost estimates, and reconciliation of any differences;

Inserted: "(D) a cost-benefit analysis with supporting documentation;

Inserted: "(E) an integrated master schedule with supporting documentation;

Inserted: "(F) plans for conducting systems engineering reviews and test and evaluation activities throughout development to support production and deployment decisions;

Inserted: "(G) an acquisition plan that outlines the procurement approach, including planned contracting vehicles;

Inserted: "(H) a logistics and support plan for operating and maintaining deployed capabilities until such capabilities are disposed of or retired; and

Inserted: "(I) an acquisition program baseline that is traceable to the operational requirements of the program required under subparagraphs (A), (B), and (E);

Inserted: "(2) prepare cost estimates and schedules for major acquisition programs pursuant to subparagraphs (B) and (E) of paragraph (1) in a manner consistent with best practices as identified by the Comptroller General of the United States; and

Inserted: "(3) ensure any revisions to the acquisition documentation maintained pursuant to paragraph (1) are reviewed and approved in accordance with departmental policy.".

Inserted: (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the item relating to section 836 the following new item:

Inserted: "Sec. 837. Acquisition documentation.".

Inserted: SEC. 59126. DHS ACQUISITION REVIEW BOARD.

Inserted: (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section:

Inserted: "SEC. 838. ACQUISITION REVIEW BOARD.

Inserted: "(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the 'Board') to support the Under Secretary for Management in managing the Department's acquisitions.

Inserted: "(b) Composition.--

Inserted: "(1) Chair.--The Under Secretary for Management shall serve as chair of the Board.

Inserted: "(2) Oversight.--The Under Secretary for Management may designate an employee of the Department to oversee the operations of the Board.

Inserted: "(3) Participation.-- The Under Secretary for Management shall ensure participation by other relevant Department officials with responsibilities related to acquisitions as permanent members of the Board, including the following:

Inserted: "(A) The Chair of the Joint Requirements Council.

Inserted: "(B) The Chief Financial Officer.

Inserted: "(C) The Chief Human Capital Officer.

Inserted: "(D) The Chief Information Officer.

Inserted: "(E) The Chief Procurement Officer.

Inserted: "(F) The Chief Readiness Support Officer.

Inserted: "(G) The Chief Security Officer.

Inserted: "(H) The Director of the Office of Test and Evaluation.

Inserted: "(I) Other relevant senior Department officials, as designated by the Under Secretary for Management.

Inserted: "(c) Meetings.--The Board shall meet regularly for purposes of evaluating the progress and status of an acquisition program. The Board shall convene at the Under Secretary for Management's discretion, and at such time as--

Inserted: "(1) a new acquisition program is initiated;

Inserted: "(2) a major acquisition program--

Inserted: "(A) requires authorization to proceed from one acquisition decision event to another throughout the acquisition life-cycle;

Inserted: "(B) is in breach of its approved acquisition program baseline; or

Inserted: "(C) requires additional review, as determined by the Under Secretary for Management; or

Inserted: "(3) a non-major acquisition program requires review, as determined by the Under Secretary for Management.

Inserted: "(d) Responsibilities.--The responsibilities of the Board are as follows:

Inserted: "(1) Determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure of each such program to satisfy the mission need of the Department over the life-cycle of such acquisition regardless of funding source.

Inserted: "(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment.

Inserted: "(3) Oversee whether a proposed acquisition's business strategy, resources, management, and accountability is executable and is aligned with the mission and strategic goals of the Department.

Inserted: "(4) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events.

Inserted: "(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases.

Inserted: "(6) Review the acquisition documents of each major acquisition program, including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost, schedule, and performance objectives, to ensure the reliability of underlying data.

Inserted: "(7) Ensure that practices are adopted and implemented to require consideration of trade-offs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event, including, at a minimum, the following practices:

Inserted: "(A) Department officials responsible for acquisition, budget, and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule concerns before performance objectives are established for capabilities when feasible.

Inserted: "(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative.

Inserted: "(e) Documentation.--

Inserted: "(1) In general.--The chair of the Board shall ensure that all actions and decisions made pursuant to the responsibilities of the Board under subsection (d) are documented in an acquisition decision memorandum that includes--

Inserted: "(A) a summary of the action at issue or purpose for convening a meeting under subsection (c);

Inserted: "(B) the decision with respect to actions discussed during such meeting;

Inserted: "(C) the rationale for such a decision, including justifications for any such decision made to allow acquisition programs to deviate from the acquisition management policy of the Department;

Inserted: "(D) any assigned items for further action; and

Inserted: "(E) the signature of the chair verifying the contents of such memorandum.

Inserted: "(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum.

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

Inserted: "(1) Acquisition.--The term 'acquisition' has the meaning given such term in section 131 of title 41, United States Code.

Inserted: "(2) Acquisition decision authority.--The term 'acquisition decision authority' means the authority, held by the Secretary to--

Inserted: "(A) ensure acquisition programs are in compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives;

Inserted: "(B) review (including approving, pausing, modifying, or cancelling) an acquisition program through the life-cycle of such program;

Inserted: "(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program;

Inserted: "(D) ensure appropriate acquisition program management of cost, schedule, risk, and system performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for such breaches; and

Inserted: "(E) ensure that acquisition program managers, on an ongoing basis, monitor cost, schedule, and performance against established baselines and use tools to assess risks to an acquisition program at all phases of the life-cycle of such program to avoid and mitigate acquisition program baseline breaches.

Inserted: "(3) Acquisition decision event.--The term 'acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase.

Inserted: "(4) Acquisition decision memorandum.--The term 'acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition.

Inserted: "(5) Acquisition program baseline.--The term 'acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program.

Inserted: "(6) Best practices.--The term 'best practices', with respect to acquisition, means a knowledge-based approach to capability development that includes--

Inserted: "(A) identifying and validating needs;

Inserted: "(B) assessing alternatives to select the most appropriate solution;

Inserted: "(C) clearly establishing well-defined requirements;

Inserted: "(D) developing realistic cost estimates and schedules that account for the entire life-cycle of such an acquisition;

Inserted: "(E) securing stable funding that matches resources to requirements before initiating such development;

Inserted: "(F) demonstrating technology, design, and manufacturing maturity before initiating production of the item that is the subject of such acquisition;

Inserted: "(G) using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress;

Inserted: "(H) regularly assessing and managing risks to achieving requirements and cost and schedule goals;

Inserted: "(I) adopting and executing standardized processes with known success across programs;

Inserted: "(J) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and

Inserted: "(K) integrating the capabilities described in subparagraphs (A) through (J).

Inserted: "(7) Major acquisition program.--The term 'major acquisition program' means--

Inserted: "(A) a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2022 constant dollars) over its life-cycle cost; or

Inserted: "(B) a program identified by the Under Secretary for Management as a program of special interest.

Inserted: "(8) Non-major acquisition program.--The term 'non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.".

Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 837 the following new item:

Inserted: "Sec. 838. Acquisition Review Board.".

Inserted: SEC. 59127. DHS CONTRACT REPORTING.

Inserted: (a) Daily Public Report of Covered Contract Awards.--

Inserted: (1) In general.--The Secretary shall post, maintain, and update in accordance with paragraph (2), on a publicly available website of the Department, a daily report of all covered contract awards. Each reported covered contract award shall include information relating to--

Inserted: (A) the contract number, modification number, or delivery order number;

Inserted: (B) the contract type;

Inserted: (C) the amount obligated for such award;

Inserted: (D) the total contract value for such award, including all options;

Inserted: (E) the description of the purpose for such award;

Inserted: (F) the number of proposals or bids received;

Inserted: (G) the name and address of the vendor, and whether such vendor is considered a small business;

Inserted: (H) the period and each place of performance for such award;

Inserted: (I) whether such award is multiyear;

Inserted: (J) whether such award requires a small business subcontracting plan; and

Inserted: (K) the contracting office and the point of contact for such office.

Inserted: (2) Update.--Updates referred to in paragraph (1) shall occur not later than two business days after the date on which the covered contract is authorized or modified.

Inserted: (3) Subscribing to alerts.--The website referred to in paragraph (1) shall provide the option to subscribe to an automatic notification of the publication of each report required under such paragraph.

Inserted: (4) Effective date.--Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section.

Inserted: (b) Undefinitized Contract Action or Definitized Amount.--If a covered contract award reported pursuant to subsection (a) includes an undefinitized contract action, the Secretary shall--

Inserted: (1) report the estimated total contract value for such award and the amount obligated upon award; and

Inserted: (2) once such award is definitized, update the total contract value and amount obligated.

Inserted: (c) Exemption.--Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services.

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

Inserted: (1) Covered contract award.--The term "covered contract award"--

Inserted: (A) means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, including unexercised options; and

Inserted: (B) includes--

Inserted: (i) contract awards governed by the Federal Acquisition Regulation;

Inserted: (ii) modifications to a contract award that increase the total value, expand the scope of work, or extend the period of performance;

Inserted: (iii) orders placed on a multiple award or multiple-agency contract that includes delivery or quantity terms that are indefinite;

Inserted: (iv) other transaction authority agreements; and

Inserted: (v) contract awards made with other than full and open competition.

Inserted: (2) Definitized amount.--The term "definitized amount" means the final amount of a covered contract award after agreement between the Department and the contractor at issue.

Inserted: (3) Department.--The term "Department" means the Department of Homeland Security.

Inserted: (4) Secretary.--The term "Secretary" means the Secretary of Homeland Security.

Inserted: (5) Small business.--The term "small business" means an entity that qualifies as a small business concern, as such term is described under section 3 of the Small Business Act (15 U.S.C. 632).

Inserted: (6) Total contract value.--The term "total contract value" means the total amount of funds expected to be provided to the contractor at issue under the terms of the contract through the full period of performance.

Inserted: (7) Undefinitized contract action.--The term "undefinitized contract action" means any contract action for which the contract terms, specifications, or price is not established prior to the start of the performance of a covered contract award.

Inserted: SEC. 59128. UNMANNED AERIAL SECURITY.

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

Inserted: (1) an unmanned aircraft system (UAS) that--

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

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

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

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

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

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

Inserted: (b) Waiver.--

Inserted: (1) In general.--The Secretary of Homeland Security is authorized to waive the prohibition under subsection (a) if the Secretary certifies in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS referred to in any of subparagraphs (A) through (C) of such subsection that is the subject of such a waiver is required--

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

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

Inserted: (C) for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training.

Inserted: (2) Notice.--The certification described in paragraph (1) shall be submitted to the Committees specified in such paragraph by not later than the date that is 14 days after the date on which a waiver is issued under such paragraph.

Inserted: (c) Effective Dates.--

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

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

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

Inserted: (A) such time as the Secretary of Homeland Security has--

Inserted: (i) granted a waiver relating thereto under subsection (b); or

Inserted: (ii) declined to grant such a waiver; or

Inserted: (B) one year after the date of the enactment of this Act, whichever is later.

Inserted: (d) Drone Origin Security Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary 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 terrorism threat assessment and report that contains information relating to the following:

Inserted: (1) The extent to which the Department of Homeland Security has previously analyzed the threat that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country operating in the United States poses, and the results of such analysis.

Inserted: (2) The number of UAS, software operating systems associated with a UAS, or systems for the detection or identification of a UAS from a covered foreign country in operation by the Department, including an identification of the component or office of the Department at issue, as of such date.

Inserted: (3) The extent to which information gathered by such a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country could be employed to harm the national or economic security of the United States.

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

Inserted: (1) Covered foreign country.--The term "covered foreign country" means a country that--

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

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

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

Inserted: (3) Unmanned aircraft system; uas.--The terms "unmanned aircraft system" and "UAS" have the meaning given the term "unmanned aircraft system" in section 44801 of title 49, United States Code.

Inserted: Subtitle C--Enhancing DHS Operations SEC. 59131. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTIONS.

Inserted: (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended--

Inserted: (1) in subsection (a)(3)--

Inserted: (A) in subparagraph (B), by striking "and" after the semicolon at the end;

Inserted: (B) by redesignating subparagraph (C) as subparagraph (D); and

Inserted: (C) by inserting after subparagraph (B) the following new subparagraph:

Inserted: "(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and";

Inserted: (2) in subsection (b)--

Inserted: (A) in paragraph (2), by inserting before the semicolon at the end the following: "based on the risk assessment required pursuant to subsection (c)(2)(B)";

Inserted: (B) in paragraph (3)--

Inserted: (i) by inserting ", to the extent practicable," after "describe"; and

Inserted: (ii) by striking "budget plan" and inserting "resources required";

Inserted: (C) in paragraph (4)--

Inserted: (i) by inserting ", to the extent practicable," after "identify";

Inserted: (ii) by striking "budget plan required to provide sufficient resources to successfully" and inserting "resources required to"; and

Inserted: (iii) by striking the semicolon at the end and inserting the following: ", including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and";

Inserted: (D) in paragraph (5), by striking "; and" and inserting a period; and

Inserted: (E) by striking paragraph (6);

Inserted: (3) in subsection (c)--

Inserted: (A) in paragraph (1), by striking "December 31 of the year" and inserting "60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year";

Inserted: (B) in paragraph (2)--

Inserted: (i) in subparagraph (B), by striking "description of the threats to" and inserting "risk assessment of";

Inserted: (ii) in subparagraph (C), by inserting ", as required under subsection (b)(2)" before the semicolon at the end;

Inserted: (iii) in subparagraph (D)--

Inserted: (I) by inserting "to the extent practicable," before "a description"; and

Inserted: (II) by striking "budget plan" and inserting "resources required";

Inserted: (iv) in subparagraph (F)--

Inserted: (I) by inserting "to the extent practicable," before "a discussion"; and

Inserted: (II) by striking "the status of";

Inserted: (v) in subparagraph (G)--

Inserted: (I) by inserting "to the extent practicable," before "a discussion";

Inserted: (II) by striking "the status of";

Inserted: (III) by inserting "and risks" before "to national homeland"; and

Inserted: (IV) by inserting "and" after the semicolon at the end;

Inserted: (vi) by striking subparagraph (H); and

Inserted: (vii) by redesignating subparagraph (I) as subparagraph (H);

Inserted: (C) by redesignating paragraph (3) as paragraph (4); and

Inserted: (D) by inserting after paragraph (2) the following new paragraph:

Inserted: "(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review:

Inserted: "(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following:

Inserted: "(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in-person discussions, and the interagency process.

Inserted: "(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review.

Inserted: "(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following:

Inserted: "(i) The risk model utilized to generate such risk assessment.

Inserted: "(ii) Information, including data used in the risk model, utilized to generate such risk assessment.

Inserted: "(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment.

Inserted: "(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.";

Inserted: (4) by redesignating subsection (d) as subsection (e); and

Inserted: (5) by inserting after subsection (c) the following new subsection:

Inserted: "(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary 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 information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.".

Inserted: (b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021.

Inserted: SEC. 59132. BOMBING PREVENTION.

Inserted: (a) Office for Bombing Prevention.--

Inserted: (1) In general.--Title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following new subtitle:

Inserted: "Subtitle E--Bombing Prevention "SEC. 2251. OFFICE FOR BOMBING PREVENTION.

Inserted: "(a) Establishment.--There is established within the Department an Office for Bombing Prevention (in this section referred to as the 'Office').

Inserted: "(b) Activities.--The Office shall have the primary responsibility within the Department for enhancing the ability and coordinating the efforts of the United States to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States, including by carrying out the following:

Inserted: "(1) Advising the Secretary on matters related to terrorist explosive threats and attacks in the United States.

Inserted: "(2) Coordinating the efforts of the Department to counter terrorist explosive threats and attacks in the United States, including by carrying out the following:

Inserted: "(A) Developing, in coordination with the Under Secretary for Strategy, Policy, and Plans, the Department's strategy against terrorist explosives threats and attacks, including efforts to support the security and preparedness of critical infrastructure and the public sector and private sector.

Inserted: "(B) Leading the prioritization of the Department's efforts against terrorist explosive threats and attacks, including preparedness and operational requirements.

Inserted: "(C) Ensuring, in coordination with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification, evaluation, and availability of effective technology applications through field pilot testing and acquisition of such technology applications by the public sector to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States.

Inserted: "(D) Providing advice and recommendations to the Administrator of the Federal Emergency Management Agency regarding the effective use of grants authorized under section 2002.

Inserted: "(E) In coordination with the Assistant Secretary for Countering Weapons of Mass Destruction, aligning Department efforts related to terrorist explosive threats and attacks in the United States and weapons of mass destruction.

Inserted: "(3) Engaging other Federal departments and agencies, including Sector Risk Management Agencies, regarding terrorist explosive threats and attacks in the United States.

Inserted: "(4) Facilitating information sharing and decision support of the public and private sector involved in deterrence, detection, prevention, protection against, mitigation of, and response to terrorist explosive threats and attacks in the United States. Such sharing and support may include the following:

Inserted: "(A) Operating and maintaining a secure information sharing system that allows the sharing of critical information and data relating to terrorist explosive attack tactics, techniques, procedures, and security capabilities, including information and data described in paragraph (6) and section 2242.

Inserted: "(B) Working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, prevent, detect, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States.

Inserted: "(5) Promoting security awareness among the public and private sector and the general public regarding the risks posed by the misuse of explosive precursor chemicals and other bomb-making materials.

Inserted: "(6) Providing training, guidance, assessments, and planning assistance to the public and private sector, as appropriate, to help counter the risk of terrorist explosive threats and attacks in the United States.

Inserted: "(7) Conducting analysis and planning for the capabilities and requirements necessary for the public and private sector, as appropriate, to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States by carrying out the following:

Inserted: "(A) Maintaining a database on capabilities and requirements, including capabilities and requirements of public safety bomb squads, explosive detection canine teams, special tactics teams, public safety dive teams, and recipients of services described in section 2242.

Inserted: "(B) Applying the analysis derived from the database described in subparagraph (A) with respect to the following:

Inserted: "(i) Evaluating progress toward closing identified gaps relating to national strategic goals and standards related to deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks in the United States.

Inserted: "(ii) Informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements regarding deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks in the United States.

Inserted: "(8) Promoting secure information sharing of sensitive material and promoting security awareness, including by carrying out the following:

Inserted: "(A) Operating and maintaining a secure information sharing system that allows the sharing among and between the public and private sector of critical information relating to explosive attack tactics, techniques, and procedures.

Inserted: "(B) Educating the public and private sectors about explosive precursor chemicals.

Inserted: "(C) Working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States.

Inserted: "(D) Executing national public awareness and vigilance campaigns relating to terrorist explosive threats and attacks in the United States, preventing explosive attacks, and activities and measures underway to safeguard the United States.

Inserted: "(E) Working with relevant stakeholder organizations.

Inserted: "(9) Providing any other assistance the Secretary determines necessary.

Inserted: "SEC. 2252. COUNTERING EXPLOSIVE DEVICES TECHNICAL ASSISTANCE.

Inserted: "(a) Establishment.--Upon request, the Secretary shall, to the extent practicable, provide to the public and private sector technical assistance services to support the security and preparedness of such sectors, as appropriate, to counter terrorist explosive threats and attacks that pose a risk in certain jurisdictions, including vulnerable and disadvantaged communities, to critical infrastructure facilities, or to special events, as appropriate.

Inserted: "(b) Elements.--Technical assistance services provided pursuant to subsection (a) shall--

Inserted: "(1) support the planning and implementation of effective measures to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States, including effective strategic risk management and emergency operations plans;

Inserted: "(2) support the security of explosive precursor chemicals and other bomb-making materials outside of regulatory control;

Inserted: "(3) support efforts to prepare for and respond to bomb threats or other acts involving the malicious conveyance of false information concerning terrorist explosive threats and attacks in the United States;

Inserted: "(4) make available resources to enhance deterrence, prevention, detection, protection, mitigation, and response capabilities for terrorist explosive threats and attacks in the United States, including coordination and communication, to better integrate State, local, Tribal, and territorial and private sector capabilities and assets, as appropriate, with Federal operations;

Inserted: "(5) make available augmenting resources, as appropriate, to enable State, local, Tribal, and territorial governments to sustain and refresh their capabilities;

Inserted: "(6) track performance in meeting the goals and associated plans of the provision of such technical assistance; and

Inserted: "(7) include any other assistance the Secretary determines necessary.

Inserted: "SEC. 2253. RELATIONSHIP TO OTHER DEPARTMENT COMPONENTS AND FEDERAL AGENCIES.

Inserted: "(a) In General.--The authority of the Secretary under this subtitle shall not affect or diminish the authority or the responsibility of any officer of any other Federal agency with respect to the command, control, or direction of the functions, personnel, funds, assets, or liabilities of any other such Federal agency.

Inserted: "(b) Department Components.--Nothing in this subtitle or any other provision of law may be construed to affect or reduce the responsibilities of--

Inserted: "(1) the Countering Weapons of Mass Destruction Office or the Assistant Secretary of the Office, including with respect to any asset, function, or mission of the Office or the Assistant Secretary, as the case may be;

Inserted: "(2) the Federal Emergency Management Agency or the Administrator of the Agency, including the diversion of any asset, function, or mission of the Agency or the Administrator as the case may be; or

Inserted: "(3) the Transportation Security Administration or the Administrator of the Administration, including the diversion of any asset, function, or mission of the Administration or the Administrator, as the case may be.".

Inserted: (2) Strategy and reports.--

Inserted: (A) Strategy.--Not later than one year after the date of the enactment of this section, the head of the Office for Bombing Prevention of the Department of Homeland Security (established pursuant to section 2241 of the Homeland Security Act of 2002, as added by paragraph (1)), in consultation with the heads of other components of the Department and the heads of other Federal agencies, as appropriate, shall develop a strategy to align the Office's activities with the threat environment and stakeholder needs, and make the public and private sector aware of the Office's capabilities. Such strategy shall include the following elements:

Inserted: (i) Information on terrorist explosive threats, tactics, and attacks in the United States.

Inserted: (ii) Information, by region of the United States, regarding public and private sector entities likely to be targeted by terrorist explosive threats and attacks in the United States, including historically black colleges and universities and minority serving institutions, places of worship, health care facilities, transportation systems, commercial facilities, and government facilities.

Inserted: (iii) Guidance on how outreach to owners and operators of critical infrastructure (as such term is defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e))) in a region should be prioritized.

Inserted: (iv) A catalogue of the services and training currently offered by the Office, and a description of how such services and trainings assist the public and private sector to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States.

Inserted: (v) Long-term objectives of the Office, including future service and training offerings.

Inserted: (vi) Metrics for measuring the effectiveness of services and trainings offered by the Office.

Inserted: (vii) An assessment of resource requirements necessary to implement such strategy.

Inserted: (viii) A description of how the Office partners with other components of the Department and other Federal agencies to carry out its mission.

Inserted: (B) Reports.--Not later than one year after the date of the enactment of this section and annually thereafter, the Secretary 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 the activities of the Office for Bombing Prevention of the Department of Homeland Security (established pursuant to section 2241 of the Homeland Security Act of 2002, as added by paragraph (1)). Each such report shall include information on the following:

Inserted: (i) Changes to terrorist explosive threats, tactics, and attacks in the United States.

Inserted: (ii) Changes to the types of public and private sector entities likely to be targeted by terrorist explosive threats and attacks in the United States.

Inserted: (iii) The number of trainings, assessments, and other engagements carried out by the Office within each region of the United States, including a description of the critical infrastructure sector or stakeholder served.

Inserted: (iv) The number of trainings, assessments, or other engagements the Office was asked to conduct but did not, and an explanation relating thereto.

Inserted: (v) The effectiveness of the trainings, assessments, or other engagements provided by the Office based on the metrics described in subparagraph (A)(vi).

Inserted: (vi) Any changes or anticipated changes in the trainings, assessments, and other engagements, or any other services, offered by the Office, and an explanation relating thereto.

Inserted: (3) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2246 the following new items:

Inserted: "Subtitle E--Bombing Prevention

Inserted: "Sec. 2251. Office for Bombing Prevention.

Inserted: "Sec. 2252. Countering explosive devices technical assistance.

Inserted: "Sec. 2253. Relationship to other Department components and Federal agencies.".

Inserted: (b) Explosives Technology Development.--

Inserted: (1) In general.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is further amended by adding at the end the following new section:

Inserted: "SEC. 324. EXPLOSIVES RESEARCH AND DEVELOPMENT.

Inserted: "(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the head of the Office for Bombing Prevention and the Assistant Secretary for the Countering Weapons of Mass Destruction Office, and in consultation with the Attorney General, the Secretary of Defense, and the head of any other relevant Federal department or agency, including Sector Risk Management Agencies, shall ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities of the Federal Government relating to the deterrence, detection, prevention, protection against, mitigation of, and response to terrorist explosive threats and attacks in the United States.

Inserted: "(b) Leveraging Military Research.--The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the head of the Office for Bombing Prevention and the Assistant Secretary for the Countering of Weapons of Mass Destruction Office, shall consult with the Secretary of Defense and the head of any other relevant Federal department or agency, including Sector Risk Management Agencies, to ensure that, to the maximum extent possible, military policies and procedures, and research, development, testing, and evaluation activities relating to the deterrence, detection, prevention, protection against, mitigation of, and response to terrorist explosive threats and attacks in the United States are adapted to nonmilitary uses.".

Inserted: (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 323 the following new item:

Inserted: "Sec. 324. Explosives research and development.".

Inserted: SEC. 59133. DHS BASIC TRAINING ACCREDITATION IMPROVEMENT.

Inserted: (a) Reporting on Basic Training Programs of the Department of Homeland Security.--

Inserted: (1) Annual reporting.--

Inserted: (A) In general.--Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall report to the relevant congressional committees on the accreditation status for each basic training program within the Department of Homeland Security, including information relating to the following:

Inserted: (i) The date on which each such program achieved initial accreditation, or in the case of a program that is not currently accredited, the reasons for not obtaining or maintaining accreditation, the activities, if any, taken to achieve accreditation, and an anticipated timeline for accreditation of such program.

Inserted: (ii) The date each such program most recently received accreditation or reaccreditation, if applicable.

Inserted: (iii) Each such program's anticipated accreditation or next reaccreditation date.

Inserted: (iv) The name of the accreditation manager for each such program.

Inserted: (B) Termination of reporting requirement.--Annual reports under subparagraph (A) shall terminate when all basic training programs of the Department of Homeland Security are accredited.

Inserted: (2) Lapse in accreditation.--

Inserted: (A) In general.--If a basic training program of the Department of Homeland Security loses accreditation, the head of the relevant component of the Department shall notify the Secretary of Homeland Security not later than 30 days after such loss.

Inserted: (B) Notice to congress.--Not later than 30 days after receiving a notification pursuant to subparagraph (A), the Secretary of Homeland Security shall notify the relevant congressional committees of the lapse in accreditation at issue, the reason for such lapse, and the activities underway and planned to regain accreditation.

Inserted: (3) Definitions.--In this section:

Inserted: (A) Accreditation.--The term "accreditation" means the recognition by a board that a basic training program is administered, developed, and delivered according to an applicable set of standards.

Inserted: (B) Accreditation manager.--The term "accreditation manager" means the individual assigned by the component of the Department of Homeland Security to manage accreditation activities for a basic training program.

Inserted: (C) Basic training program.--The term "basic training program" means an entry level program of the Department of Homeland Security that is transitional to law enforcement service, provides training on critical competencies and responsibilities, and is typically a requirement for appointment to a law enforcement service job or job series.

Inserted: (D) Reaccreditation.--The term "reaccreditation" means the assessment of a basic training program after initial accreditation to ensure the continued compliance with an applicable set of standards.

Inserted: (E) Relevant congressional committees.--The term "relevant congressional committees" means the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee of the Judiciary of the Senate.

Inserted: (b) Research and Development.--The Under Secretary for Science and Technology of the Department of Homeland Security shall carry out research and development of systems and technologies to enhance access to training offered by the Federal Law Enforcement Training Centers to State, local, Tribal, and territorial law enforcement, with particular attention to law enforcement in rural and remote communities, for the purpose of enhancing domestic preparedness for and collective response to terrorism and other homeland security threats.

Inserted: SEC. 59134. DEPARTMENT OF HOMELAND SECURITY INSPECTOR GENERAL TRANSPARENCY.

Inserted: (a) In General.--Subtitle B of title VIII of the Homeland Security Act of 2002 is amended by inserting before section 812 the following new section:

Inserted: "SEC. 811. OFFICE OF INSPECTOR GENERAL.

Inserted: "(a) Publication of Reports.--

Inserted: "(1) In general.--Beginning not later than 30 days after the date of the enactment of this section, the Inspector General of the Department shall submit to the appropriate congressional committees any report finalized on and after such date that substantiates--

Inserted: "(A) a violation of paragraph (8) or (9) of section 2302(b) of title 5, United States Code, section 1034 of title 10, United States Code, or Presidential Personnel Directive-19; or

Inserted: "(B) an allegation of misconduct, waste, fraud, abuse, or violation of policy within the Department involving a member of the Senior Executive Service or politically appointed official of the Department.

Inserted: "(2) Public availability.--

Inserted: "(A) In general.--Concurrent with the submission to the appropriate congressional committees of reports pursuant to paragraph (1), the Inspector General shall, consistent with privacy, civil rights, and civil liberties protections, publish on a publicly available website of the Inspector General each such report.

Inserted: "(B) Exception.--The requirement pursuant to subparagraph (A) to publish reports does not apply if section (5)(e)(1) of the Inspector General Act of 1978 applies to any such report.

Inserted: "(3) Requirement.--

Inserted: "(A) In general.--The Inspector General of the Department may not redact any portion of a report submitted pursuant to paragraph (1).

Inserted: "(B) Exception.--The requirement under subparagraph (A) shall not apply with respect to the name or any other identifying information, including any contextual details not relevant to the audit, inspection, or evaluation at issue that may be used by other employees or officers of the Department to determine the identity of a whistleblower complainant, of a whistleblower complainant who does not consent to the inclusion of such in a report of the Inspector General.

Inserted: "(b) Semiannual Reporting.--Beginning with the first semiannual report transmitted to the appropriate committees or subcommittees of the Congress pursuant to section 5(b) of the Inspector General Act of 1978 that is transmitted after the date of the enactment of this section, each such report shall be accompanied by a list of ongoing audits, inspections, and evaluations of the Department, together with a narrative description relating to each such audit, inspection, or evaluation that identifies the scope of such audit, inspection, or evaluation, as the case may be, as well as the subject office, component, or directorate of the Department. For each such ongoing audit, inspection, or evaluation such narrative description shall include the following:

Inserted: "(1) Information relating to the source of each such audit, inspection, or evaluation.

Inserted: "(2) Information regarding whether each such audit, inspection, or evaluation is being conducted independently, jointly, concurrently, or in some other manner.

Inserted: "(3) In the event each such audit, inspection, or evaluation was initiated due to a referral, the date on which the Inspector General notified the originator of a referral of the Inspector General's intention to carry out such audit, inspection, or evaluation.

Inserted: "(4) Information relating to the dates on which--

Inserted: "(A) each such audit, inspection, or evaluation was initiated;

Inserted: "(B) a draft report relating to each such audit, inspection, or evaluation is scheduled to be submitted to the Secretary for review; and

Inserted: "(C) a final report relating to each such audit, inspection, or evaluation is scheduled to be submitted to the appropriate congressional committees and published on the website of the Inspector General in accordance with paragraphs (1) and (2), respectively, of subsection (a).

Inserted: "(5) An explanation for--

Inserted: "(A) any significant changes to the narrative description of each such audit, inspection, or evaluation, including the identification of the subject office, component, or directorate of the Department; or

Inserted: "(B) a delay of more than 30 days in the scheduled date for submitting to the Secretary a draft report for review or publishing on the website of the Inspector General of the Department the final report relating to each such audit, inspection, or evaluation.

Inserted: "(6) Data regarding tips and complaints made to the Inspector General Hotline of the Department or otherwise referred to the Department, including--

Inserted: "(A) the number and type of tips and complaints regarding fraud, waste, abuse, corruption, financial crimes, civil rights and civil liberty abuse, or other complaints regarding criminal or non-criminal activity associated with fraud, waste, or abuse;

Inserted: "(B) actions taken by the Department to address or resolve each substantiated tip or complaint;

Inserted: "(C) the total amount of time it took the Department to so address or resolve each such substantiated tip or complaint;

Inserted: "(D) the total number of tips and complaints that are substantiated compared with the number of tips and complaints that are unsubstantiated; and

Inserted: "(E) the percentage of audits, inspections, and evaluations that are initiated as a result of tips and complaints made to the Inspector General Hotline.

Inserted: "(c) Notification to Congress.--The Inspector General of the Department shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate if the head of an office or component of the Department does not provide in a timely manner to the Inspector General information or assistance that is requested by the Inspector General to conduct an audit, inspection, or evaluation.

Inserted: "(d) Definition.--In this section, the term 'appropriate congressional committees' means the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and any committee of the House of Representatives or the Senate, respectively, having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.".

Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by amending the item relating to section 811 to read as follows:

Inserted: "Sec. 811. Office of Inspector General.".

Inserted: (c) Reports.--

Inserted: (1) Inspector general of dhs.--Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Comptroller General of the United States a report on the policies, procedures, and internal controls established that ensure compliance with the Quality Standards for Federal Offices of Inspector General from the Council of Inspectors General on Integrity and Efficiency.

Inserted: (2) Comptroller general.--Not later than one year after receipt of the report required under paragraph (1), the Comptroller General of the United States 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 an evaluation of such report.

Inserted: SEC. 59135. PRESIDENT'S CUP CYBERSECURITY COMPETITION.

Inserted: (a) In General.--The Director of the Cybersecurity and Infrastructure Security Agency (in this section referred to as the "Director") of the Department of Homeland Security is authorized to hold an annual cybersecurity competition to be known as the "Department of Homeland Security Cybersecurity and Infrastructure Security Agency's President's Cup Cybersecurity Competition" (in this section referred to as the "competition") for the purpose of identifying, challenging, and competitively awarding prizes, including cash prizes, to the United States Government's best cybersecurity practitioners and teams across offensive and defensive cybersecurity disciplines.

Inserted: (b) Competition Design.--

Inserted: (1) In general.--Notwithstanding section 1342 of title 31, United States Code, the Director, in carrying out the competition, may consult with, and consider advice from, any person who has experience or expertise in the development, design, or execution of cybersecurity competitions.

Inserted: (2) Limitation.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations pursuant to this section.

Inserted: (3) Prohibition.--A person with whom the Director consults under paragraph (1) may not--

Inserted: (A) receive pay by reason of being so consulted; or

Inserted: (B) be considered an employee of the Federal Government by reason of so consulting.

Inserted: (c) Eligibility.--To be eligible to participate in the competition, an individual shall be a Federal civilian employee or member of the uniformed services (as such term is defined in section 2101(3) of title 5, United States Code) and shall comply with any rules promulgated by the Director regarding the competition.

Inserted: (d) Competition Administration.--The Director may enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity or State or local government agency to administer the competition.

Inserted: (e) Competition Parameters.--Each competition shall incorporate the following elements:

Inserted: (1) Cybersecurity skills outlined in the National Initiative for Cybersecurity Education Framework, or any successor framework.

Inserted: (2) Individual and team events.

Inserted: (3) Categories demonstrating offensive and defensive cyber operations, such as software reverse engineering and exploitation, network operations, forensics, big data analysis, cyber analysis, cyber defense, cyber exploitation, secure programming, obfuscated coding, or cyber-physical systems.

Inserted: (4) Any other elements related to paragraphs (1), (2), or (3) as determined necessary by the Director.

Inserted: (f) Use of Funds.--

Inserted: (1) In general.--Notwithstanding any other provision of law, the Director may use amounts made available to the Director for the competition for the following:

Inserted: (A) Advertising, marketing, and promoting the competition.

Inserted: (B) Meals for participants and organizers of the competition if attendance at the meal during the competition is necessary to maintain the integrity of the competition.

Inserted: (C) Promotional items, including merchandise and apparel.

Inserted: (D) Monetary and nonmonetary awards for competition participants, including members of the uniformed services.

Inserted: (E) Necessary expenses for the honorary recognition of competition participants, including members of the uniformed services.

Inserted: (F) Any other appropriate activity necessary to carry out the competition, as determined by the Director.

Inserted: (2) Application.--This subsection shall apply to amounts appropriated on or after the date of the enactment of this Act.

Inserted: (g) Prize Limitation.--The Director may make one or more awards per competition, except that the amount or value of each shall not exceed $10,000. The Secretary of Homeland Security may make one or more awards per competition, except the amount or the value of each shall not to exceed $25,000. A monetary award under this section shall be in addition to the regular pay of the recipient.

Inserted: (h) Reporting Requirements.--The Director shall annually 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 report that includes the following:

Inserted: (1) A description of available funds under subsection (f) for each competition conducted in the preceding year.

Inserted: (2) A description of expenditures authorized in subsection (g) for each competition.

Inserted: (3) Information relating to the participation of each competition.

Inserted: (4) Information relating to lessons learned from each competition and how such lessons may be applied to improve cybersecurity operations and recruitment of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

Inserted: SEC. 59136. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING.

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

Inserted: "SEC. 2220E. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING INITIATIVE.

Inserted: "(a) Establishment.--

Inserted: "(1) In general.--The Industrial Control Systems Cybersecurity Training Initiative (in this section referred to as the 'Initiative') is established within the Agency.

Inserted: "(2) Purpose.--The purpose of the Initiative is to develop and strengthen the skills of the cybersecurity workforce related to securing industrial control systems.

Inserted: "(b) Requirements.--In carrying out the Initiative, the Director shall--

Inserted: "(1) ensure the Initiative includes--

Inserted: "(A) virtual and in-person trainings and courses provided at no cost to participants;

Inserted: "(B) trainings and courses available at different skill levels, including introductory level courses;

Inserted: "(C) trainings and courses that cover cyber defense strategies for industrial control systems, including an understanding of the unique cyber threats facing industrial control systems and the mitigation of security vulnerabilities in industrial control systems technology; and

Inserted: "(D) appropriate consideration regarding the availability of trainings and courses in different regions of the United States; and

Inserted: "(2) engage in--

Inserted: "(A) collaboration with the National Laboratories of the Department of Energy in accordance with section 309;

Inserted: "(B) consultation with Sector Risk Management Agencies; and

Inserted: "(C) as appropriate, consultation with private sector entities with relevant expertise, such as vendors of industrial control systems technologies.

Inserted: "(c) Reports.--

Inserted: "(1) In general.--Not later than one year after the date of the enactment of this section and annually thereafter, 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 on the Initiative.

Inserted: "(2) Contents.--Each report under paragraph (1) shall include the following:

Inserted: "(A) A description of the courses provided under the Initiative.

Inserted: "(B) A description of outreach efforts to raise awareness of the availability of such courses.

Inserted: "(C) Information on the number and demographics of participants in such courses, including by gender, race, and place of residence.

Inserted: "(D) Information on the participation in such courses of workers from each critical infrastructure sector.

Inserted: "(E) Plans for expanding access to industrial control systems education and training, including expanding access to women and underrepresented populations, and expanding access to different regions of the United States.

Inserted: "(F) Recommendations on how to strengthen the state of industrial control systems cybersecurity education and training.".

Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2220D the following new item:

Inserted: "Sec. 2220E. Industrial Control Systems Cybersecurity Training Initiative.".

Inserted: SEC. 59137. TSA REACHING ACROSS NATIONALITIES, SOCIETIES, AND LANGUAGES TO ADVANCE TRAVELER EDUCATION.

Inserted: (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to ensure that TSA material disseminated in major airports can be better understood by more people accessing such airports.

Inserted: (b) Contents.--The plan required under subsection (a) shall include the following:

Inserted: (1) An identification of the most common languages other than English that are the primary languages of individuals that travel through or work in each major airport.

Inserted: (2) A plan to improve--

Inserted: (A) TSA materials to communicate information in languages identified pursuant to paragraph (1); and

Inserted: (B) the communication of TSA material to individuals with vision or hearing impairments or other possible barriers to understanding such material.

Inserted: (c) Considerations.--In developing the plan required under subsection (a), the Administrator of the TSA, acting through the Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the TSA, shall take into consideration data regarding the following:

Inserted: (1) International enplanements.

Inserted: (2) Local populations surrounding major airports.

Inserted: (3) Languages spoken by members of Indian Tribes within each service area population in which a major airport is located.

Inserted: (d) Implementation.--Not later than 180 days after the submission of the plan required under subsection (a), the Administrator of the TSA, in consultation with the owner or operator of each major airport, shall implement such plan.

Inserted: (e) GAO Review.--Not later than one year after the implementation pursuant to subsection (d) of the plan required under subsection (a), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review of such implementation.

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

Inserted: (1) Airport.--The term "airport" has the meaning given such term in section 40102 of title 49, United States Code.

Inserted: (2) Indian tribe.--The term "Indian Tribe" means an Indian Tribe, as such term is defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), individually identified (including parenthetically) in the list published most recently as of the date of the enactment of this Act pursuant to section 104 of that Act (25 U.S.C. 5131).

Inserted: (3) Major airports.--The term "major airports" means Category X and Category I airports.

Inserted: (4) Non-traveling individual.--The term "non-traveling individual" has the meaning given such term in section 1560.3 of title 49, Code of Federal Regulations.

Inserted: (5) TSA material.--The term "TSA material" means signs, videos, audio messages, websites, press releases, social media postings, and other communications published and disseminated by the Administrator of the TSA in Category X and Category I airports for use by both traveling and non-traveling individuals.

Inserted: SEC. 59138. BEST PRACTICES RELATED TO CERTAIN INFORMATION COLLECTED BY RENTAL COMPANIES AND DEALERS (DARREN DRAKE).

Inserted: (a) Development and Dissemination.--

Inserted: (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and disseminate best practices for rental companies and dealers to report suspicious behavior to law enforcement agencies at the point of sale of a covered rental vehicle.

Inserted: (2) Consultation; updates.--The Secretary shall develop and, as necessary, update the best practices described in paragraph (1) after consultation with Federal, State, local, and Tribal law enforcement agencies and relevant transportation security stakeholders.

Inserted: (3) Guidance on suspicious behavior.--The Secretary shall include, in the best practices developed under paragraph (1), guidance on defining and identifying suspicious behavior in a manner that protects civil rights and civil liberties.

Inserted: (b) Report to Congress.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on the implementation of this section, including an assessment of--

Inserted: (1) the impact of the best practices described in subsection (a) on efforts to protect the United States against terrorist attacks; and

Inserted: (2) ways to improve and expand cooperation and engagement between--

Inserted: (A) the Department of Homeland Security;

Inserted: (B) Federal, State, local, and Tribal law enforcement agencies; and

Inserted: (C) rental companies, dealers, and other relevant rental industry stakeholders.

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

Inserted: (1) The terms "dealer" and "rental company" have the meanings given those terms in section 30102 of title 49, United States Code.

Inserted: (2) The term "covered rental vehicle" means a motor vehicle that--

Inserted: (A) is rented without a driver for an initial term of less than 4 months; and

Inserted: (B) is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company.

Inserted: SEC. 59139. ONE-STOP PILOT PROGRAM.

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

Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Transportation Security Administration.

Inserted: (2) Appropriate congressional committees.--The term "appropriate congressional committees" means--

Inserted: (A) the Committee on Homeland Security of the House of Representatives; and

Inserted: (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate.

Inserted: (3) TSA.--The term "TSA" means the Transportation Security Administration of the Department of Homeland Security.

Inserted: (b) Establishment.--Notwithstanding 44901(a) of title 49, United States Code, the Administrator, in coordination with the Commissioner of U.S. Customs and Border Protection, may establish a pilot program at not more than six foreign last point of departure airports to permit passengers and their accessible property arriving on direct flights or flight segments originating at such participating foreign airports to continue on additional flights or flight segments originating in the United States without additional security re-screening if--

Inserted: (1) the initial screening was conducted in accordance with an aviation security screening agreement described in subsection (e);

Inserted: (2) passengers arriving from participating foreign airports are unable to access their checked baggage until the arrival at their final destination; and

Inserted: (3) upon arrival in the United States, passengers arriving from participating foreign airports do not come into contact with other arriving international passengers, those passengers' property, or other persons who have not been screened or subjected to other appropriate security controls required for entry into the airport's sterile area.

Inserted: (c) Requirements for Pilot Program.--In carrying out this section, the Administrator shall ensure that there is no reduction in the level of security or specific TSA aviation security standards or requirements for screening passengers and their property prior to boarding an international flight bound for the United States, including specific aviation security standards and requirements regarding--

Inserted: (1) high risk passengers and their property;

Inserted: (2) weapons, explosives, and incendiaries;

Inserted: (3) screening passengers and property transferring at a foreign last point of departure airport from another airport and bound for the United States, and addressing any commingling of such passengers and property with passengers and property screened under the pilot program described in subsection (b); and

Inserted: (4) insider risk at foreign last point of departure airports.

Inserted: (d) Re-screening of Checked Baggage.--Subject to subsection (f), the Administrator may determine whether checked baggage arriving from participating foreign airports referenced in subsection (b) that screen using an explosives detection system must be re-screened in the United States by an explosives detection system before such baggage continues on any additional flight or flight segment.

Inserted: (e) Aviation Security Screening Agreement.--An aviation security screening agreement described in this subsection is a treaty, executive agreement, or other international arrangement that--

Inserted: (1)(A) in the case of a treaty or executive agreement, is signed by the President; and

Inserted: (B) in the case of an international agreement, is signed by only the President, Secretary of Homeland Security, or Administrator, without delegating such authority; and

Inserted: (2) is entered into with a foreign country that delineates and implements security standards and protocols utilized at a foreign last point of departure airport that are determined by the Administrator--

Inserted: (A) to be comparable to those of the United States; and

Inserted: (B) sufficiently effective to enable passengers and their accessible property to deplane into sterile areas of airports in the United States without the need for re-screening.

Inserted: (f) Re-screening Requirement.--

Inserted: (1) In general.--If the Administrator determines that a foreign country participating in the aviation security screening agreement has not maintained and implemented security standards and protocols comparable to those of the United States at foreign last point of departure airports at which a pilot program has been established in accordance with this section, the Administrator shall ensure that passengers and their property arriving from such airports are re-screened in the United States, including by using explosives detection systems in accordance with section 44901(d)(1) of title 49, United States Code, and implementing regulations and directives, before such passengers and their property are permitted into sterile areas of airports in the United States.

Inserted: (2) Consultation.--If the Administrator has reasonable grounds to believe that the other party to an aviation security screening agreement has not complied with such agreement, the Administrator shall request immediate consultation with such party.

Inserted: (3) Suspension or termination of agreement.--If a satisfactory resolution between TSA and a foreign country is not reached within 45 days after a consultation request under paragraph (2) or in the case of the foreign country's continued or egregious failure to maintain the security standards and protocols described in paragraph (1), the President, Secretary of Homeland Security, or Administrator, as appropriate, shall suspend or terminate the aviation security screening agreement with such country, as determined appropriate by the President, Secretary of Homeland Security, or Administrator. The Administrator shall notify the appropriate congressional committees of such consultation and suspension or termination, as the case may be, not later than seven days after such consultation and suspension or termination.

Inserted: (g) Briefings to Congress.--Not later than 45 days before an aviation security screening agreement described in subsection (e) enters into force, the Administrator shall submit to the appropriate congressional committees--

Inserted: (1) an aviation security threat assessment for the country in which such foreign last point of departure airport is located;

Inserted: (2) information regarding any corresponding mitigation efforts to address any security issues identified in such threat assessment, including any plans for joint covert testing;

Inserted: (3) information on potential security vulnerabilities associated with commencing a pilot program at such foreign last point of departure airport pursuant to subsection (b) and mitigation plans to address such potential security vulnerabilities;

Inserted: (4) an assessment of the impacts such pilot program will have on aviation security;

Inserted: (5) an assessment of the screening performed at such foreign last point of departure airport, including the feasibility of TSA personnel monitoring screening, security protocols, and standards;

Inserted: (6) information regarding identifying the entity or entities responsible for screening passengers and property at such foreign last point of departure airport;

Inserted: (7) the name of the entity or local authority and any contractor or subcontractor;

Inserted: (8) information regarding the screening requirements relating to such aviation security screening agreement;

Inserted: (9) details regarding information sharing mechanisms between the TSA and such foreign last point of departure airport, screening authority, or entity responsible for screening provided for under such aviation security screening agreement; and

Inserted: (10) a copy of the aviation security screening agreement, which shall identify the foreign last point of departure airport or airports at which a pilot program under this section is to be established.

Inserted: (h) Certifications Relating to the Pilot Program for One-stop Security.--For each aviation security screening agreement described in subsection (e), the Administrator shall submit to the appropriate congressional committees--

Inserted: (1)(A) a certification that such agreement satisfies all of the requirements specified in subsection (c); or

Inserted: (B) in the event that one or more of such requirements are not so satisfied, a description of the unsatisfied requirement and information on what actions the Administrator will take to ensure that such remaining requirements are satisfied before such agreement enters into force;

Inserted: (2) a certification that TSA and U.S. Customs and Border Protection have ensured that any necessary physical modifications or appropriate mitigations exist in the domestic one-stop security pilot program airport prior to receiving international passengers from a last point of departure airport under the aviation security screening agreement;

Inserted: (3) a certification that a foreign last point of departure airport covered by an aviation security screening agreement has an operation to screen all checked bags as required by law, regulation, or international agreement, including the full utilization of explosives detection systems to the extent applicable; and

Inserted: (4) a certification that the Administrator consulted with stakeholders, including air carriers, aviation nonprofit labor organizations, airport operators, relevant interagency partners, and other stakeholders that the Administrator determines appropriate.

Inserted: (i) Report to Congress.--Not later than five years after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Administrator, shall submit a report to the appropriate congressional committees regarding the implementation of the pilot program authorized under this section, including information relating to--

Inserted: (1) the impact of such program on homeland security and international aviation security, including any benefits and challenges of such program;

Inserted: (2) the impact of such program on passengers, airports, and air carriers, including any benefits and challenges of such program; and

Inserted: (3) the impact and feasibility of continuing such program or expanding it into a more permanent program, including any benefits and challenges of such continuation or expansion.

Inserted: (j) Rule of Construction.--Nothing in this section may be construed as limiting the authority of U.S. Customs and Border Protection to inspect persons and baggage arriving in the United States in accordance with applicable law.

Inserted: (k) Sunset.--The pilot program authorized under this section shall terminate on the date that is six years after the date of the enactment of this Act.

Inserted: SEC. 59140. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.

Inserted: (a) Counter Illicit Cross-border Tunnel Operations Strategic Plan.--

Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection, in coordination with the Under Secretary for Science and Technology, and, as appropriate, other officials of the Department of Homeland Security, shall develop a counter illicit cross-border tunnel operations strategic plan (in this section referred to as the "strategic plan") to address the following:

Inserted: (A) Risk-based criteria to be used to prioritize the identification, breach, assessment, and remediation of illicit cross-border tunnels.

Inserted: (B) Promote the use of innovative technologies to identify, breach, assess, and remediate illicit cross-border tunnels in a manner that, among other considerations, reduces the impact of such activities on surrounding communities.

Inserted: (C) Processes to share relevant illicit cross-border tunnel location, operations, and technical information.

Inserted: (D) Indicators of specific types of illicit cross-border tunnels found in each U.S. Border Patrol sector identified through operations to be periodically disseminated to U.S. Border Patrol sector chiefs to educate field personnel.

Inserted: (E) A counter illicit cross-border tunnel operations resource needs assessment that includes consideration of the following:

Inserted: (i) Technology needs.

Inserted: (ii) Staffing needs, including the following:

Inserted: (I) A position description for counter illicit cross-border tunnel operations personnel.

Inserted: (II) Any specialized skills required of such personnel.

Inserted: (III) The number of such full time personnel, disaggregated by U.S. Border Patrol sector.

Inserted: (2) Report to congress on strategic plan.--Not later than one year after the development of the strategic plan, the Commissioner of U.S. Customs and Border Protection 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 on the implementation of the strategic plan.

Inserted: (b) Authorization of Appropriations.--There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection $1,000,000 for each of fiscal years 2023 and 2024 to carry out--

Inserted: (1) the development of the strategic plan; and

Inserted: (2) remediation operations of illicit cross-border tunnels in accordance with the strategic plan to the maximum extent practicable.

Inserted: SEC. 59141. PREVENT EXPOSURE TO NARCOTICS AND TOXICS.

Inserted: (a) Training for U.S. Customs and Border Protection Personnel on the Use of Containment Devices to Prevent Secondary Exposure to Fentanyl and Other Potentially Lethal Substances.--Paragraph (1) of section 416(b) of the Homeland Security Act of 2002 (6 U.S.C. 216(b)) is amended by adding at the end the following new subparagraph:

Inserted: "(C) How to use containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances.".

Inserted: (b) Availability of Containment Devices.--Section 416(c) of the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended--

Inserted: (1) by striking "and" after "equipment" and inserting a comma; and

Inserted: (2) by inserting "and containment devices" after "naloxone,".

Inserted: Subtitle D--Technical, Conforming, and Clerical Amendments SEC. 59151. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.

Inserted: The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by--

Inserted: (1) amending the items relating to sections 435 and 436 to read as follows:

Inserted: "Sec. 435. Maritime operations coordination plan.

Inserted: "Sec. 436. Maritime security capabilities assessments.";

Inserted: (2) amending the item relating to section 1617 to read as follows:

Inserted: "Sec. 1617. Diversified security technology industry marketplace.";

Inserted: (3) amending the item relating to section 1621 to read as follows:

Inserted: "Sec. 1621. Maintenance validation and oversight."; and

Inserted: (4) amending the item relating to section 2103 to read as follows:

Inserted: "Sec. 2103. Protection and sharing of information.".

Inserted: amendment no. 421 offered by mr. courtney of connecticut

Inserted: (b) Clerical Amendment.--The analysis for chapter 33 of title 40, United States Code, is amended by adding at the end the following:

Inserted: "3320. Restriction of entities from using Federal funds to engage, enter into, and award public works contracts.".

Inserted: (c) Non-Federal Public Works.--Chapter 35 of title 40, United States Code, is amended by adding at the end the following:

Inserted: "Sec. 3506. Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts

Inserted: "(a) In General.--A State or local government receiving Federal funds may not provide such funds to any covered entity for any covered public works project.

Inserted: "(b) Requirements.--A State or local government shall verify that any entity receiving funds for any covered public works project is free from any obligations, influences, or connections to any covered entity.

Inserted: "(c) Exception.--This section shall only apply to projects that are located in a State.

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

Inserted: "(1) Covered entity.--The term 'covered entity' means any entity that--

Inserted: "(A) is headquartered in China;

Inserted: "(B) is owned, directed, controlled, financed, or influenced directly or indirectly by the Government of the People's Republic of China, the CCP, or the Chinese military, including any entity for which the Government of the People's Republic of China, the CCP, or the Chinese military have the ability, through ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, board representation, proxy voting, a special share, contractual arrangements, formal or informal arrangements to act in concert, or other means, to determine, direct, or decide for an entity in an important manner; or

Inserted: "(C) is a parent, subsidiary, or affiliate of any entity described in subparagraph (B).

Inserted: "(2) Covered public works project.--The term 'covered public works project' means any project of the construction, repair, renovation, or maintenance of public buildings, structures, sewers, water works, roads, bridges, docks, underpasses and viaducts, as well as any other improvement to be constructed, repaired or renovated or maintained on public property to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise.".

Inserted: (d) Clerical Amendment.--The analysis for chapter 35 of title 40, United States Code, is amended by adding at the end the following:

Inserted: "3506. Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts.".

Inserted: (e) Updating Regulations.--The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation shall be revised to implement the provisions of this Act.

Inserted: (f) Rule of Applicability.--The amendments made by this section shall take effect, and shall apply to projects beginning on or after, 180 days after the date of enactment of this Act.

Inserted: amendment no. 423 offered by ms. garcia of texas

Inserted: (C) Any ongoing security concerns or consequences arising from the SolarWinds incident, including any sensitive information that may have been accessed or exploited in a manner that poses a threat to national security.

Inserted: (D) Implementation of Executive Order 14028 (Improving the Nation's Cybersecurity (May 12, 2021)).

Inserted: (E) Efforts taken by the Director, the heads of Federal departments and agencies, and critical infrastructure owners and operators to address cybersecurity vulnerabilities and mitigate risks associated with the SolarWinds incident.

Inserted: (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Director shall submit to the Committee on Homeland Security in the House of Representatives and Committee on Homeland Security and Government Affairs in the Senate a report that includes the following:

Inserted: (1) Findings for each of the elements specified in subsection (b).

Inserted: (2) Recommendations to address security gaps, improve incident response efforts, and prevent similar cyber incidents.

Inserted: (3) Any areas where the Director lacked the information necessary to fully review and assessment such elements, the reason the information necessary was unavailable, and recommendations to close such informational gaps.

Inserted: (d) GAO Report on Cyber Safety Review Board.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall evaluate the activities of the Cyber Safety Review Board established pursuant to Executive Order 14028 (Improving the Nation's Cybersecurity (May 12, 2021)), with a focus on the Board's inaugural review announced in February 2022, and assess whether the Board has the authorities, resources, and expertise necessary to carry out its mission of reviewing and assessing significant cyber incidents.

Inserted: amendment no. 427 offered by mr. garbarino of new york

Inserted: (c) Consultation.--In carrying out this section, the Secretary shall consult with the Federal Energy Regulatory Commission, the Electricity Subsector Coordinating Council, the Electric Reliability Organization, manufacturers, and owners and operators of critical electric infrastructure and defense and military installations.

Inserted: (d) Prevailing Wages.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

Inserted: (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2022 through 2026, and such amounts shall remain available until expended.

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

Inserted: (1) The terms "bulk-power system" and "Electric Reliability Organization" have the meaning given such terms in section 215 of the Federal Power Act (16 U.S.C. 824o).

Inserted: (2) The term "critical electric infrastructure" has the meaning given such term in section 215A of the Federal Power Act (16 U.S.C. 824o-1).

Inserted: (3) The term "iron and steel products" includes electrical steel used in the manufacture of--

Inserted: (A) transformers; and

Inserted: (B) laminations, cores, and other transformer components.

Inserted: (4) The term "produced in the United States" means, with respect to iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Inserted: (1) The terms "Regional Transmission Organization", "Independent System Operator", and "State regulatory authority" have the meaning given such terms in section 3 of the Federal Power Act (16 U.S.C. 796).

Inserted: (2) The term "Secretary" means the Secretary of Energy.

Inserted: amendment no. 429 offered by mrs. carolyn b. maloney of new york

Inserted: "(ii) the algorithms and models of such technologies;

Inserted: "(iii) the data resources used, or to be used, in the training of such technologies, including a comprehensive listing of any data assets or public data assets (or any combination thereof) used, or to be used, in the training of such technologies;

Inserted: "(iv) data governance processes and procedures, including acquisition, protection, retention, sharing, and access, related to data resources associated with such technologies; and

Inserted: "(v) processes for training and testing, evaluating, validating, and modifying such technologies; and

Inserted: "(D) access to all other associated information and materials.";

Inserted: (B) in subsection (d)(1), by inserting "(including as described under subsection (a)(3))" after "officer"; and

Inserted: (C) by adding at the end the following:

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

Inserted: "(1) Artificial intelligence.--The term 'artificial intelligence' has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).

Inserted: "(2) Covered artificial intelligence-enabled technology.--The term 'covered artificial intelligence-enabled technology' means an artificial intelligence-enabled technology (including a classified technology)--

Inserted: "(A) in use by the applicable department, agency, or element to protect the Nation from terrorism; or

Inserted: "(B) that the applicable department, agency, or element plans to evaluate, develop, acquire, retain, or repurpose to protect the Nation from terrorism.

Inserted: "(3) Data asset; public data asset.--The terms 'data asset' and 'public data asset' have the meaning given those terms in section 3502 of title 44, United States Code.".

Inserted: (2) Self-assessment by privacy and civil liberties oversight board.--Not later than one year after the date of the enactment of this Act, the Privacy and Civil Liberties Oversight Board under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) shall provide to the appropriate committees (as described in subsection (e) of such section) a self-assessment of any change in authorities, resources, or organizational structure that may be necessary to carry out the functions described in subsection (d) of such section related to artificial intelligence-enabled technologies.

Inserted: (3) Definition.--In this section, the term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).

Inserted: (4) Effective date.--Paragraphs (1) and (2), and the amendments made by such paragraphs, shall take effect on the date that is one year after the date of the enactment of this Act.

Inserted: Amendment No. 430 Offered by Mr. Cicilline of Rhode Island Insert in the appropriate place in title LVIII the following:

Inserted: SEC. __. ELIMINATION OF TERMINATION CLAUSE FOR GLOBAL ENGAGEMENT CENTER.

Inserted: Section 1287 of Public Law 114-328 is amended by striking subsection (j).

Inserted: AMENDMENT NO. 431 OFFERED BY MR. CICILLINE OF RHODE ISLAND

Inserted: (2) in paragraph (3), by striking ", notwithstanding any previous agreement to the contrary".

Inserted: Amendment No. 432 Offered by Ms. Tlaib of Michigan

Inserted: (2) In general.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended--

Inserted: (A) in paragraph (7), by adding at the end the following: "This paragraph shall not be subject to section 625(b)(1)(E).";

Inserted: (B) in paragraph (8), by adding at the end the following: "This paragraph shall not be subject to section 625(b)(1)(E)."; and

Inserted: (C) by adding at the end the following new paragraphs:

Inserted: "(9) Any information related to a debt arising from a medically necessary procedure that occurred when the consumer was a member of the Armed Forces. This paragraph shall not be subject to section 625(b)(1)(E).

Inserted: "(10) Any information related to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces, if the date on which such debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 365 calendar days. This paragraph shall not be subject to section 625(b)(1)(E).".

Inserted: (c) Requirements for Furnishers of Medical Debt Information With Respect to Members of the Armed Forces.--

Inserted: (1) Additional notice requirements for medical debt of members of the armed forces.--Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the end the following:

Inserted: "(f) Additional Notice Requirements for Medical Debt of Members of the Armed Forces.--Before furnishing information regarding a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces to a consumer reporting agency, the person furnishing the information shall send a statement to the consumer that includes the following:

Inserted: "(1) A notification that the medical debt--

Inserted: "(A) may not be included on a consumer report made by a consumer reporting agency until the later of the date that is 365 days after--

Inserted: "(i) the date on which the person sends the statement;

Inserted: "(ii) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

Inserted: "(iii) the date described under section 605(a)(10); and

Inserted: "(B) may not ever be included on a consumer report made by a consumer reporting agency, if the medical debt arises from a medically necessary procedure.

Inserted: "(2) A notification that, if the debt is settled or paid by the consumer or an insurance company before the end of the period described under paragraph (1)(A), the debt may not be reported to a consumer reporting agency.

Inserted: "(3) A notification that the consumer may--

Inserted: "(A) communicate with an insurance company to determine coverage for the debt; or

Inserted: "(B) apply for financial assistance.".

Inserted: (2) Furnishing of medical debt information with respect to members of the armed forces.--Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s-2), as amended by paragraph (1), is further amended by adding at the end the following:

Inserted: "(g) Furnishing of Medical Debt Information With Respect to Members of the Armed Forces.--

Inserted: "(1) Prohibition on reporting debt related to medically necessary procedures.--No person shall furnish any information to a consumer reporting agency regarding a debt arising from a medically necessary procedure that occurred when the consumer was a member of the Armed Forces.

Inserted: "(2) Treatment of other medical debt information.--With respect to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces and that is not described under paragraph (1), no person shall furnish any information to a consumer reporting agency regarding such debt before the end of the 365-day period beginning on the later of--

Inserted: "(A) the date on which the person sends the statement described under subsection (f) to the consumer;

Inserted: "(B) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

Inserted: "(C) the date described in section 605(a)(10).

Inserted: "(3) Treatment of settled or paid medical debt.--With respect to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces and that is not described under paragraph (1), no person shall furnish any information to a consumer reporting agency regarding such debt if the debt is settled or paid by the consumer or an insurance company before the end of the 365-day period described under paragraph (2).

Inserted: "(4) Borrower demonstrating hardship defined.--In this subsection, and with respect to a medical debt, the term 'borrower demonstrating hardship' means a borrower or a class of borrowers who, as determined by the Director of the Bureau, is facing or has experienced unusual extenuating life circumstances or events that result in severe financial or personal barriers such that the borrower or class of borrowers does not have the capacity to repay the medical debt.".

Inserted: (d) Effective Date.--Except as otherwise provided under subsection (e), this section and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.

Inserted: (e) Discretionary Surplus Funds.--

Inserted: (1) In general.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $1,000,000.

Inserted: (2) Effective date.--The amendment made by paragraph (1) shall take effect on September 30, 2032.

Inserted: Amendment No. 433 Offered by Ms. Sanchez of California

Inserted: "(B) aboard a United States combatant, support, or auxiliary vessel (as such terms are defined in section 231(f) of title 10, United States Code); or

Inserted: "(C) in a deployment (as such term is defined in section 991(b) of title 10, United States Code); and

Inserted: "(2) is on active duty (as such term is defined in section 101(d)(2) of title 10, United States Code) for not less than 30 days during the type of service described in paragraph (1).".

Inserted: (b) Prohibition on Including Certain Adverse Information in Consumer Reports.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended--

Inserted: (1) in subsection (a), by adding at the end the following:

Inserted: "(9) Any item of adverse information about a uniformed consumer, if the action or inaction that gave rise to the item occurred while the consumer was a deployed uniformed consumer."; and

Inserted: (2) by adding at the end the following:

Inserted: "(i) Notice of Status as a Uniformed Consumer.--With respect to an item of adverse information about a consumer, if the action or inaction that gave rise to the item occurred while the consumer was a uniformed consumer, the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was a deployed uniformed consumer at the time such action or inaction occurred. The consumer reporting agency shall promptly delete that item of adverse information from the file of the uniformed consumer and notify the consumer and the furnisher of the information of the deletion.".

Inserted: (c) Communications Between the Consumer and Consumer Reporting Agencies.--Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended--

Inserted: (1) in subsection (c)--

Inserted: (A) by striking "Upon" and inserting the following:

Inserted: "(1) In general.--Upon";

Inserted: (B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and moving such redesignated subparagraphs 2 ems to the right; and

Inserted: (C) by adding at the end the following:

Inserted: "(2) Negative information alert.--Any time a consumer reporting agency receives an item of adverse information about a consumer, if the consumer has provided appropriate proof that the consumer is a uniformed consumer, the consumer reporting agency shall promptly notify the consumer--

Inserted: "(A) that the agency has received such item of adverse information, along with a description of the item; and

Inserted: "(B) the method by which the consumer can dispute the validity of the item.

Inserted: "(3) Contact information for uniformed consumers.--With respect to any consumer that has provided appropriate proof to a consumer reporting agency that the consumer is a deployed uniformed consumer, if the consumer provides the consumer reporting agency with separate contact information to be used when communicating with the consumer while the consumer is a deployed uniformed consumer, the consumer reporting agency shall use such contact information for all communications while the consumer is a deployed uniformed consumer."; and

Inserted: (2) in subsection (e), by amending paragraph (3) to read as follows:

Inserted: "(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).".

Inserted: (d) Conforming Amendment.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by striking "active duty military" each place such term appears and inserting "uniformed consumer".

Inserted: (e) Sense of Congress.--It is the sense of Congress that any person making use of a consumer report containing an item of adverse information should, if the action or inaction that gave rise to the item occurred while the consumer was a uniformed consumer, take such fact into account when evaluating the creditworthiness of the consumer.

Inserted: Amendment No. 434 Offered by Ms. Dean of Pennsylvania

Inserted: (2) Unfair practices.--Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following:

Inserted: "(9) The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in--

Inserted: "(A) a reduction in rank of the covered member;

Inserted: "(B) a revocation of the covered member's security clearance; or

Inserted: "(C) prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).".

Inserted: (b) GAO Study.--The Comptroller General of the United States shall conduct a study and submit a report to Congress on the impact of this section on--

Inserted: (1) the timely delivery of information to a covered member (as defined in section 805(e) of the Fair Debt Collection Practices Act, as added by this section);

Inserted: (2) military readiness; and

Inserted: (3) national security, including the extent to which covered members with security clearances would be impacted by uncollected debt.

Inserted: (c) Determination of Budgetary Effects.--The budgetary effects of this section, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this section, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Inserted: Amendment No. 435 Offered by Mrs. Beatty of Ohio

Inserted: "(B) it is intended by the language in the order itself, or in the legislative provisions under which the order was issued, that the conviction shall be destroyed or sealed from the individual's State or Federal record, even if exceptions allow the record to be considered for certain character and fitness evaluation purposes.

Inserted: "(3) De minimis exemption.--

Inserted: "(A) In general.--Subsection (a) shall not apply to such de minimis offenses as the Corporation determines, by rule.

Inserted: "(B) Confinement criteria.--In issuing rules under subparagraph (A), the Corporation shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility, where such confinement--

Inserted: "(i) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and

Inserted: "(ii) does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location.

Inserted: "(C) Bad check criteria.--In setting the criteria for de minimis offenses under subparagraph (A), if the Corporation establishes criteria with respect to insufficient funds checks, the Corporation shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is $2,000 or less.

Inserted: "(D) Designated lesser offenses.--Subsection (a) shall not apply to certain lesser offenses (including the use of a fake ID, shoplifting, trespass, fare evasion, driving with an expired license or tag, and such other low-risk offenses as the Corporation may designate) if 1 year or more has passed since the applicable conviction or program entry."; and

Inserted: (2) by adding at the end the following:

Inserted: "(f) Consent Applications.--

Inserted: "(1) In general.--The Corporation shall accept consent applications from an individual and from an insured depository institution or depository institution holding company on behalf of an individual that are filed separately or contemporaneously with a regional office of the Corporation.

Inserted: "(2) Sponsored applications filed with regional offices.--Consent applications filed at a regional office of the Corporation by an insured depository institution or depository institution holding company on behalf of an individual--

Inserted: "(A) shall be reviewed by such office;

Inserted: "(B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation; and

Inserted: "(C) may only be denied by such office if the general counsel of the Corporation (or a designee) certifies that the denial is consistent with this section.

Inserted: "(3) Individual applications filed with regional offices.--Consent applications filed at a regional office by an individual--

Inserted: "(A) shall be reviewed by such office; and

Inserted: "(B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation, except with respect to--

Inserted: "(i) cases involving an offense described under subsection (a)(2); and

Inserted: "(ii) such other high-level security cases as may be designated by the Corporation.

Inserted: "(4) National office review.--The national office of the Corporation shall--

Inserted: "(A) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and

Inserted: "(B) review any consent application that is denied by a regional office, if the individual requests a review by the national office.

Inserted: "(5) Forms and instructions.--

Inserted: "(A) Availability.--The Corporation shall make all forms and instructions related to consent applications available to the public, including on the website of the Corporation.

Inserted: "(B) Contents.--The forms and instructions described under subparagraph (A) shall provide a sample cover letter and a comprehensive list of items that may accompany the application, including clear guidance on evidence that may support a finding of rehabilitation.

Inserted: "(6) Consideration of criminal history.--

Inserted: "(A) Regional office consideration.--In reviewing a consent application, a regional office shall--

Inserted: "(i) primarily rely on the criminal history record of the Federal Bureau of Investigation; and

Inserted: "(ii) provide such record to the applicant to review for accuracy.

Inserted: "(B) Certified copies.--The Corporation may not require an applicant to provide certified copies of criminal history records unless the Corporation determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation.

Inserted: "(7) Consideration of rehabilitation.--Consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Corporation shall--

Inserted: "(A) conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation, the applicant's age at the time of the conviction or program entry, the time that has elapsed since conviction or program entry, and the relationship of individual's offense to the responsibilities of the applicable position;

Inserted: "(B) consider the individual's employment history, letters of recommendation, certificates documenting participation in substance abuse programs, successful participating in job preparation and educational programs, and other relevant mitigating evidence; and

Inserted: "(C) consider any additional information the Corporation determines necessary for safety and soundness.

Inserted: "(8) Scope of employment.--With respect to an approved consent application filed by an insured depository institution or depository institution holding company on behalf of an individual, if the Corporation determines it appropriate, such approved consent application shall allow the individual to work for the same employer (without restrictions on the location) and across positions, except that the prior consent of the Corporation (which may require a new application) shall be required for any proposed significant changes in the individual's security-related duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials.

Inserted: "(9) Coordination with the ncua.--In carrying out this section, the Corporation shall consult and coordinate with the National Credit Union Administration as needed to promote consistent implementation where appropriate.

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

Inserted: "(1) Consent application.--The term 'consent application' means an application filed with Corporation by an individual (or by an insured depository institution or depository institution holding company on behalf of an individual) seeking the written consent of the Corporation under subsection (a)(1).

Inserted: "(2) Criminal offense involving dishonesty.--The term 'criminal offense involving dishonesty'--

Inserted: "(A) means an offense under which an individual, directly or indirectly--

Inserted: "(i) cheats or defrauds; or

Inserted: "(ii) wrongfully takes property belonging to another in violation of a criminal statute;

Inserted: "(B) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and

Inserted: "(C) does not include--

Inserted: "(i) a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application, excluding any period of incarceration; or

Inserted: "(ii) an offense involving the possession of controlled substances.

Inserted: "(3) Pretrial diversion or similar program.--The term 'pretrial diversion or similar program' means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution, drug or alcohol rehabilitation, anger management, or community service.".

Inserted: (b) Federal Credit Union Act.--Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is amended by adding at the end the following:

Inserted: "(4) Exceptions.--

Inserted: "(A) Certain older offenses.--

Inserted: "(i) In general.--With respect to an individual, paragraph (1) shall not apply to an offense if--

Inserted: "(I) it has been 7 years or more since the offense occurred; or

Inserted: "(II) the individual was incarcerated with respect to the offense and it has been 5 years or more since the individual was released from incarceration.

Inserted: "(ii) Offenses committed by individuals 21 or younger.--For individuals who committed an offense when they were 21 years of age or younger, paragraph (1) shall not apply to the offense if it has been more than 30 months since the sentencing occurred.

Inserted: "(iii) Limitation.--This subparagraph shall not apply to an offense described under paragraph (1)(B).

Inserted: "(B) Expungement and sealing.--With respect to an individual, paragraph (1) shall not apply to an offense if--

Inserted: "(i) there is an order of expungement, sealing, or dismissal that has been issued in regard to the conviction in connection with such offense; and

Inserted: "(ii) it is intended by the language in the order itself, or in the legislative provisions under which the order was issued, that the conviction shall be destroyed or sealed from the individual's State or Federal record, even if exceptions allow the record to be considered for certain character and fitness evaluation purposes.

Inserted: "(C) De minimis exemption.--

Inserted: "(i) In general.--Paragraph (1) shall not apply to such de minimis offenses as the Board determines, by rule.

Inserted: "(ii) Confinement criteria.--In issuing rules under clause (i), the Board shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility, where such confinement--

Inserted: "(I) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and

Inserted: "(II) does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location.

Inserted: "(iii) Bad check criteria.--In setting the criteria for de minimis offenses under clause (i), if the Board establishes criteria with respect to insufficient funds checks, the Board shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is $2,000 or less.

Inserted: "(iv) Designated lesser offenses.--Paragraph (1) shall not apply to certain lesser offenses (including the use of a fake ID, shoplifting, trespass, fare evasion, driving with an expired license or tag, and such other low-risk offenses as the Board may designate) if 1 year or more has passed since the applicable conviction or program entry.

Inserted: "(5) Consent applications.--

Inserted: "(A) In general.--The Board shall accept consent applications from an individual and from an insured credit union on behalf of an individual that are filed separately or contemporaneously with a regional office of the Board.

Inserted: "(B) Sponsored applications filed with regional offices.--Consent applications filed at a regional office of the Board by an insured credit union on behalf of an individual--

Inserted: "(i) shall be reviewed by such office;

Inserted: "(ii) may be approved or denied by such office, if such authority has been delegated to such office by the Board; and

Inserted: "(iii) may only be denied by such office if the general counsel of the Board (or a designee) certifies that the denial is consistent with this section.

Inserted: "(C) Individual applications filed with regional offices.--Consent applications filed at a regional office by an individual--

Inserted: "(i) shall be reviewed by such office; and

Inserted: "(ii) may be approved or denied by such office, if such authority has been delegated to such office by the Board, except with respect to--

Inserted: "(I) cases involving an offense described under paragraph (1)(B); and

Inserted: "(II) such other high-level security cases as may be designated by the Board.

Inserted: "(D) National office review.--The national office of the Board shall--

Inserted: "(i) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and

Inserted: "(ii) review any consent application that is denied by a regional office, if the individual requests a review by the national office.

Inserted: "(E) Forms and instructions.--

Inserted: "(i) Availability.--The Board shall make all forms and instructions related to consent applications available to the public, including on the website of the Board.

Inserted: "(ii) Contents.--The forms and instructions described under clause (i) shall provide a sample cover letter and a comprehensive list of items that may accompany the application, including clear guidance on evidence that may support a finding of rehabilitation.

Inserted: "(F) Consideration of criminal history.--

Inserted: "(i) Regional office consideration.--In reviewing a consent application, a regional office shall--

Inserted: "(I) primarily rely on the criminal history record of the Federal Bureau of Investigation; and

Inserted: "(II) provide such record to the applicant to review for accuracy.

Inserted: "(ii) Certified copies.--The Board may not require an applicant to provide certified copies of criminal history records unless the Board determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation.

Inserted: "(G) Consideration of rehabilitation.--Consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Board shall--

Inserted: "(i) conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation, the applicant's age at the time of the conviction or program entry, the time that has elapsed since conviction or program entry, and the relationship of individual's offense to the responsibilities of the applicable position;

Inserted: "(ii) consider the individual's employment history, letters of recommendation, certificates documenting participation in substance abuse programs, successful participating in job preparation and educational programs, and other relevant mitigating evidence; and

Inserted: "(iii) consider any additional information the Board determines necessary for safety and soundness.

Inserted: "(H) Scope of employment.--With respect to an approved consent application filed by an insured credit union on behalf of an individual, if the Board determines it appropriate, such approved consent application shall allow the individual to work for the same employer (without restrictions on the location) and across positions, except that the prior consent of the Board (which may require a new application) shall be required for any proposed significant changes in the individual's security-related duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials.

Inserted: "(I) Coordination with fdic.--In carrying out this subsection, the Board shall consult and coordinate with the Federal Deposit Insurance Corporation as needed to promote consistent implementation where appropriate.

Inserted: "(6) Definitions.--In this subsection:

Inserted: "(A) Consent application.--The term 'consent application' means an application filed with Board by an individual (or by an insured credit union on behalf of an individual) seeking the written consent of the Board under paragraph (1)(A).

Inserted: "(B) Criminal offense involving dishonesty.--The term 'criminal offense involving dishonesty'--

Inserted: "(i) means an offense under which an individual, directly or indirectly--

Inserted: "(I) cheats or defrauds; or

Inserted: "(II) wrongfully takes property belonging to another in violation of a criminal statute;

Inserted: "(ii) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and

Inserted: "(iii) does not include--

Inserted: "(I) a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application, excluding any period of incarceration; or

Inserted: "(II) an offense involving the possession of controlled substances.

Inserted: "(C) Pretrial diversion or similar program.--The term 'pretrial diversion or similar program' means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution, drug or alcohol rehabilitation, anger management, or community service.".

Inserted: (c) Review and Report to Congress.--Not later than the end of the 2-year period beginning on the date of enactment of this Act, the Federal Deposit Insurance Corporation and the National Credit Union Administration shall--

Inserted: (1) review the rules issued to carry out this Act and the amendments made by this Act on--

Inserted: (A) the application of section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) and section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d));

Inserted: (B) the number of applications for consent applications under such sections; and

Inserted: (C) the rates of approval and denial for consent applications under such sections;

Inserted: (2) make the results of the review required under paragraph (1) available to the public; and

Inserted: (3) issue a report to Congress containing any legislative or regulatory recommendations for expanding employment opportunities for those with a previous minor criminal offense.

Inserted: (d) Discretionary Surplus Fund.--

Inserted: (1) In general.--Subparagraph (A) of section 7(a)(3) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure described in such subparagraph by $1,500,000.

Inserted: (2) Effective date.--The amendment made by subsection (a) shall take effect on September 30, 2032.

Inserted: Amendment No. 436 Offered by Mr. Lieu of California

Inserted: (7) Major disaster.--The term "major disaster" means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

Inserted: (8) Underserved community.--The term "underserved community" means--

Inserted: (A) the Native-American and Alaskan-Native community;

Inserted: (B) the African-American community;

Inserted: (C) the Asian community;

Inserted: (D) the Hispanic community (including individuals of Mexican, Puerto Rican, Cuban, and Central or South American origin);

Inserted: (E) the Pacific Islander community;

Inserted: (F) the Middle Eastern and North African community;

Inserted: (G) a rural community;

Inserted: (H) a low-income community;

Inserted: (I) individuals with disabilities;

Inserted: (J) a limited English proficiency community;

Inserted: (K) other individuals or communities otherwise adversely affected by persistent poverty or inequality; and

Inserted: (L) any other disadvantaged community, as determined by the Administrator.

Inserted: Subtitle A--Ensuring Equity in Federal Disaster Management SEC. 5911. DATA COLLECTION, ANALYSIS, AND CRITERIA.

Inserted: (a) In General.--Not later than one year after the date of enactment of this Act, the Administrator shall, in consultation with the Secretary of Housing and Urban Development and the Administrator of the Small Business Administration, develop and implement a process to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency.

Inserted: (b) Specific Areas for Consultation.--In carrying out subsection (a), the Administrator shall identify requirements for ensuring the quality, consistency, accessibility, and availability of information needed to identify programs and policies of the Agency that may not support the provision of equitable Federal assistance, including--

Inserted: (1) information requirements;

Inserted: (2) data sources and collection methods; and

Inserted: (3) strategies for overcoming data or other information challenges.

Inserted: (c) Modification of Data Collection Systems.--The Administrator shall modify the data collection systems of the Agency based on the process developed under subsection (a) to ensure the quality, consistency, accessibility, and availability of information needed to identify any programs and policies of the Agency that may not support the provision of equitable Federal assistance.

Inserted: SEC. 5912. CRITERIA FOR ENSURING EQUITY IN POLICIES AND PROGRAMS.

Inserted: (a) In General.--Not later than one year after the date of enactment of this Act, the Administrator shall develop, disseminate, and update, as appropriate, criteria to apply to policies and programs of the Agency to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency.

Inserted: (b) Consultation.--In developing and disseminating the criteria required under subsection (a), the Administrator shall consult with--

Inserted: (1) the Office for Civil Rights and Civil Liberties of the Department of Homeland Security;

Inserted: (2) the United States Department of Housing and Urban Development; and

Inserted: (3) the Small Business Administration.

Inserted: (c) Integration of Criteria.--

Inserted: (1) In general.--The Administrator shall, to the maximum extent possible, integrate the criteria developed under subsection (a) into existing and future processes related to the provision of Federal assistance.

Inserted: (2) Priority.--The Administrator shall prioritize integrating the criteria under paragraph (1) into processes related to the provision of--

Inserted: (A) assistance under sections 402, 403, 406, 407, 428, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a et seq.);

Inserted: (B) Federal assistance to individuals and households under section 408 of such Act (42 U.S.C. 5174);

Inserted: (C) hazard mitigation assistance under section 404 of such Act (42 U.S.C. 5170c); and

Inserted: (D) predisaster hazard mitigation assistance under section 203 of such Act (42 U.S.C. 5133).

Inserted: SEC. 5913. METRICS; REPORT.

Inserted: (a) Metrics.--In carrying out this subtitle, the Administrator shall--

Inserted: (1) establish metrics to measure the efficacy of the process developed under section 5911 and the criteria developed under section 5912; and

Inserted: (2) seek input from relevant representatives of State, regional, local, territorial, and Tribal governments, representatives of community-based organizations, subject matter experts, and individuals from underserved communities impacted by disasters.

Inserted: (b) Report.--Not later than one year after the dissemination of the criteria under section 5912(a), and annually thereafter, the Administrator shall submit to Congress a report describing how the criteria and processes developed under this subtitle have impacted efforts to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency, including--

Inserted: (1) any obstacles identified or areas for improvement with respect to implementation of such criteria and processes, including any recommended legislative changes;

Inserted: (2) the effectiveness of such criteria and processes, as measured by the metrics established under subsection (a); and

Inserted: (3) any impacts of such criteria and processes on the provision of Federal assistance, with specific attention to impacts related to efforts within the Agency to address barriers to access and reducing disparate outcomes.

Inserted: Subtitle B--Operational Enhancement to Improve Equity in Federal Disaster Management SEC. 5921. EQUITY ADVISOR.

Inserted: (a) In General.--The Administrator shall designate a senior official within the Agency as an equity advisor to the Administrator to be responsible for advising the Administrator on Agency efforts to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency.

Inserted: (b) Qualifications.--In designating an equity advisor under subsection (a), the Administrator shall select an individual who is a qualified expert with significant experience with respect to equity policy, civil rights policy, or programmatic reforms.

Inserted: (c) Duties.--In addition to advising the Administrator, the equity advisor designated under subsection (a) shall--

Inserted: (1) participate in the implementation of sections 5911 and 5912;

Inserted: (2) monitor equity the implementation of equity efforts within the Agency and within Federal Emergency Management Agency Regions to ensure consistency in the implementation of policy or programmatic changes intended to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency;

Inserted: (3) identify ways to improve the policies and programs of the Agency to ensure that such policies and programs are equitable, including enhancing opportunities to support underserved populations in preparedness, mitigation, protection, response, and recovery; and

Inserted: (4) any other activities the Administrator considers appropriate.

Inserted: (d) Consultation.--In carrying out the duties under this section, the equity advisor shall, on an ongoing basis, consult with representatives of underserved communities, including communities directly impacted by disasters, to evaluate opportunities and develop approaches to advancing equity within the Agency, including by increasing coordination, communication, and engagement with--

Inserted: (1) community-based organizations;

Inserted: (2) civil rights organizations;

Inserted: (3) institutions of higher education;

Inserted: (4) research institutions;

Inserted: (5) academic organizations specializing in diversity, equity, and inclusion issues; and

Inserted: (6) religious and faith-based organizations.

Inserted: SEC. 5922. EQUITY ENTERPRISE STEERING GROUP.

Inserted: (a) Establishment.--There is established in the Agency a steering group to advise the Administrator on how to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency.

Inserted: (b) Responsibilities.--In carrying out subsection (a), the steering group established under this section shall--

Inserted: (1) review and, as appropriate, recommend changes to Agency-wide policies, procedures, plans, and guidance;

Inserted: (2) support the development and implementation of the processes and criteria developed under subtitle A; and

Inserted: (3) monitor the integration and establishment of metrics developed under section 5913.

Inserted: (c) Composition.--The Administrator shall appoint the following individuals as members of the steering group established under subsection (a):

Inserted: (1) Representatives from each of the following offices of the Agency:

Inserted: (A) The Office of Equal Rights.

Inserted: (B) The Office of Response and Recovery.

Inserted: (C) FEMA Resilience.

Inserted: (D) The Office of Disability Integration and Coordination.

Inserted: (E) The United States Fire Administration.

Inserted: (F) The mission support office of the Agency.

Inserted: (G) The Office of Chief Counsel.

Inserted: (H) The Office of the Chief Financial Officer.

Inserted: (I) The Office of Policy and Program Analysis.

Inserted: (J) The Office of External Affairs.

Inserted: (2) The administrator of each Regional Office, or his or her designee.

Inserted: (3) The equity advisor, as designated by the Administrator under section 5921.

Inserted: (4) A representative from the Office for Civil Rights and Civil Liberties of the Department of Homeland Security.

Inserted: (5) The Superintendent of the Emergency Management Institute.

Inserted: (6) The National Tribal Affairs Advisor of the Federal Emergency Management Agency.

Inserted: (7) Any other official of the Agency the Administrator determines appropriate.

Inserted: (d) Leadership.--The Administrator shall designate one or more members of the steering group established under subsection (a) to serve as chair of the steering group.

Inserted: SEC. 5923. GAO REVIEW OF EQUITY REFORMS.

Inserted: Not later than three years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report to evaluate the implementation of this subtitle and subtitle A.

Inserted: Subtitle C--GAO Review of Factors to Determine Assistance SEC. 5931. GAO REVIEW OF FACTORS TO DETERMINE ASSISTANCE.

Inserted: (a) In General.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall issue a report describing the factors the Agency considers when evaluating a request from a Governor to declare that a major disaster or emergency exists and to authorize assistance under sections 402, 403, 406, 407, 408, 428, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a et seq.).

Inserted: (b) Contents.--The report issued under subsection (a) shall include--

Inserted: (1) an assessment of--

Inserted: (A) the degree to which the factors the Agency considers when evaluating a request for a major disaster or emergency declaration--

Inserted: (i) affect equity for underserved communities, particularly with respect to major disaster and emergency declaration requests, approvals of such requests, and the authorization of assistance described in subsection (a); and

Inserted: (ii) are designed to deliver equitable outcomes;

Inserted: (B) how the Agency utilizes such factors or monitors whether such factors result in equitable outcomes;

Inserted: (C) the extent to which major disaster and emergency declaration requests, approvals of such requests, and the authorization of assistance described in subsection (a), are more highly correlated with high-income counties compared to lower-income counties;

Inserted: (D) whether the process and administrative steps for conducting preliminary damage assessments are equitable; and

Inserted: (E) to the extent practicable, whether such factors may deter a Governor from seeking a major disaster or emergency declaration for potentially eligible counties; and

Inserted: (2) a consideration of the extent to which such factors affect underserved communities-- (A) of varying size;

Inserted: (B) with varying population density and demographic characteristics;

Inserted: (C) with limited emergency management staff and resources; and

Inserted: (D) located in urban or rural areas.

Inserted: (c) Recommendations.--The Comptroller General shall include in the report issued under subsection (a) any recommendations for changes to the factors the Agency considers when evaluating a request for a major disaster or emergency declaration to account for underserved communities.

Inserted: Amendment No. 442 Offered by Mr. Phillips of Minnesota

Inserted: (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2023.

Inserted: Amendment No. 449 Offered by Mr. Torres of New York

Inserted: (b) Report Format.--The report described in subsection (a) shall be submitted in unclassified form, but information that is sensitive or classified shall be included as a classified annex.

Inserted: (c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means the Committee on Homeland Security of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate.

Inserted: amendment no. 450 offered by mr. garcia of illinois

Inserted: amendment no. 452 offered by mr. garcia of illinois

Inserted: (C) the degree of international support or opposition to the sanctions; and

Inserted: (D) an assessment of such sanctions on United States businesses, consumers, and financial institutions.

Inserted: (c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of the report shall be published on a publicly-available website of the Government of the United States.

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

Inserted: (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and

Inserted: (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.

Inserted: amendment no. 453 offered by mrs. carolyn b. maloney of new york

Inserted: "(iii) the National Security Council;

Inserted: "(iv) the Office of the Vice President;

Inserted: "(v) the Office of Policy Development;

Inserted: "(vi) the Office of Administration;

Inserted: "(vii) the Office of Management and Budget;

Inserted: "(viii) the Office of the United States Trade Representative;

Inserted: "(ix) the Office of Science and Technology Policy;

Inserted: "(x) the Office of National Drug Control Policy; and

Inserted: "(xi) the White House Office, including the White House Office of Presidential Personnel.

Inserted: "(2) Appointee.--The term 'appointee'--

Inserted: "(A) means an individual serving in a policy and supporting position; and

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

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

Inserted: "(ii) any other statutory provision described in section 3347(a)(1); or

Inserted: "(iii) a Presidential appointment described in section 3347(a)(2).

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

Inserted: "(4) Director.--The term 'Director' means the Director of the Office of Personnel Management.

Inserted: "(5) Policy and supporting position.--The term 'policy and supporting position'--

Inserted: "(A) means any position at an agency, as determined by the Director, that, but for this section and section 2(b)(3) of the PLUM Act of 2022, would be included in the publication entitled 'United States Government Policy and Supporting Positions' (commonly referred to as the 'Plum Book'); and

Inserted: "(B) may include--

Inserted: "(i) a position on any level of the Executive Schedule under subchapter II of chapter 53, or another position with an equivalent rate of pay;

Inserted: "(ii) a general position (as defined in section 3132(a)(9)) in the Senior Executive service;

Inserted: "(iii) a position in the Senior Foreign Service;

Inserted: "(iv) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation; and

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

Inserted: "(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall establish, and thereafter the Director shall maintain, a public website containing the following information for the President in office on the date of establishment and for each subsequent President:

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

Inserted: "(2) The name of each individual who--

Inserted: "(A) is serving in a position described in paragraph (1); or

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

Inserted: "(3) Information on--

Inserted: "(A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3134 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and

Inserted: "(B) the total number of individuals occupying such positions.

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

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

Inserted: "(2) the name of the position;

Inserted: "(3) the name of the individual occupying the position (if any);

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

Inserted: "(5) the pay system under which the position is paid;

Inserted: "(6) the level, grade, or rate of pay;

Inserted: "(7) the term or duration of the appointment (if any);

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

Inserted: "(9) a unique identifier for each appointee;

Inserted: "(10) whether the position is vacant; and

Inserted: "(11) for any position that is vacant--

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

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

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

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

Inserted: "(f) Authority of Director.--

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

Inserted: "(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including--

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

Inserted: "(B) data quality assurance methods; and

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

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

Inserted: "(A) the information required by the Director;

Inserted: "(B) complete, accurate, and reliable information; or

Inserted: "(C) the information during the timeframe specified by the Director.

Inserted: "(4) Annual updates.--

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

Inserted: "(i) the policy and supporting positions in the agency;

Inserted: "(ii) the appointees occupying such positions in the agency; and

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

Inserted: "(B) Supplement not supplant.--Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph.

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

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

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

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

Inserted: "(g) Responsibility of Agencies.--

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

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

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

Inserted: "(B) a certification that the information is complete, accurate, and reliable.

Inserted: "(h) Information Verification.--

Inserted: "(1) Confirmation.--

Inserted: "(A) In general.--On the date that is 90 days after the date on which the covered website is established, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date.

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

Inserted: "(2) Authority of director.--In carrying out paragraph (1), the Director may--

Inserted: "(A) request additional information from an agency; and

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

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

Inserted: "(i) Data Archiving.--

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

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

Inserted: "(A) on, or through a link on, the covered website;

Inserted: "(B) at no cost; and

Inserted: "(C) in a searchable, sortable, downloadable, and machine-readable format.".

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

Inserted: "3330f. Government policy and supporting position data.".

Inserted: (b) Other Matters.--

Inserted: (1) Definitions.--In this subsection, the terms "agency", "covered website", "Director", and "policy and supporting position" have the meanings given those terms in section 3330f of title 5, United States Code, as added by subsection (a).

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

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

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

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

Inserted: (3) Sunset of plum book.--Beginning on January 1, 2026--

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

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

Inserted: (4) Funding.--

Inserted: (A) In general.--No additional amounts are authorized to be appropriated to carry out this subtitle or the amendments made by this subtitle.

Inserted: (B) Other funding.--The Director shall carry out this subtitle and the amendments made by this subtitle using amounts otherwise available to the Director.

Inserted: amendment no. 457 offered by mr. neguse of colorado

Inserted: (2) Duties of the team.--The Team shall:

Inserted: (A) Implement land and right-of-way acquisitions, relocations, and trail construction consistent with any Optimal Location Review for the trail, giving priority to land that--

Inserted: (i) eliminates gaps between segments of the Trail;

Inserted: (ii) may be acquired by the Secretary or the Secretary of the Interior by purchase from a willing seller, donation, exchange, or by cooperative agreement;

Inserted: (iii) is best suited for inclusion in the Trail corridor in accordance with the purposes, policies, and provisions of the National Trails System Act (16 U.S.C. 1241 et seq.); and

Inserted: (iv) has been identified as a segment of the Trail on Federal land that should be relocated to provide for maximum outdoor recreation potential and the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes.

Inserted: (B) Provide the necessary administrative and technical support to complete the Trail corridor under subsection (a).

Inserted: (C) As appropriate, consult with other Federal agencies, Governors of affected States, Indian Tribes, Land Grants-Mercedes, Acequias, relevant landowners or land users of an acequia or land grant-merced, the Continental Divide Trail Coalition, and other volunteer and nonprofit organizations that assist in, or whose members may be affected by, the development, maintenance, and management of the Trail.

Inserted: (D) Support the Secretary in the development of the acquisition and development plan under subsection (c) and annual reports under subsection (f).

Inserted: (c) Comprehensive Acquisition and Development Plan.--

Inserted: (1) In general.--Not later than 2 years after the establishment of the Team under subsection (b), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a comprehensive acquisition and development plan for the Trail.

Inserted: (2) Contents of plan.--The comprehensive acquisition and development plan should--

Inserted: (A) identify any gaps in the Trail where the Secretary and the Secretary of the Interior have not been able to acquire land or interests in land by purchase from a willing seller, by donation, by exchange, or by cooperative agreement;

Inserted: (B) include a plan for closing such gaps by acquiring lands or interests in land; and

Inserted: (C) include general and site-specific development plans, including anticipated costs.

Inserted: (d) Method of Acquisition.--In carrying out this section, the Secretary and the Secretary of the Interior--

Inserted: (1) may acquire land only by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange; and

Inserted: (2) may not acquire land by eminent domain.

Inserted: (e) Maintaining Existing Partnerships.--In carrying out this section, the Secretary, the Secretary of the Interior, and the Team shall continue to maintain and develop working relationships with volunteer and nonprofit organizations that assist in the development, maintenance, and management of the Trail.

Inserted: (f) Reports.--Not later than September 30, 2024, and at the close of each fiscal year until the acquisition and development plan is fully implemented, the Secretary shall report on the following, in writing, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate:

Inserted: (1) The progress in acquiring land or interests in land to complete the Trail consistent with this section.

Inserted: (2) The amount of land or interests in land acquired during the fiscal year and the amount expended for such land or interests in land.

Inserted: (3) The amount of land or interests in land planned for acquisition in the ensuing fiscal year and the estimated cost of such land or interests in land.

Inserted: (4) The estimated amount of land or interests in land remaining to be acquired.

Inserted: (5) The amount of existing Trail miles on Federal lands that need to be relocated to provide for maximum outdoor recreation potential and for conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes.

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

Inserted: (1) Acequia.--The term "acequia" has the meaning of the term "community ditch" as such term is defined under section 73-2-27 of the New Mexico Statutes.

Inserted: (2) Land grant-merced.--The term "land grant-merced" means a community land grant issued under the laws or customs of the Government of Spain or Mexico that is recognized under chapter 49 of the New Mexico Statutes (or a successor statute).

Inserted: (3) Optimal location review.--The term "Optimal Location Review" means the procedures described in the Continental Divide National Scenic Trail Optimal Location Review Guide, dated November 2017.

Inserted: (4) Secretary.--The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Forest Service.

Inserted: (5) Team.--The term "Team" means the trail completion team established under subsection (b).

Inserted: (6) Trail.--The term "Trail" means the Continental Divide National Scenic Trail established by section 5 of the National Trails System Act (16 U.S.C. 1244).

Inserted: amendment no. 458 offered by mr. garamendi of california

Inserted: "(d) Outreach.--

Inserted: "(1) In general.--An owner of an intergenerational dwelling unit that receives a grant under this section shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by--

Inserted: "(A) performing periodic informational outreach; and

Inserted: "(B) planning and executing events for intergenerational families.

Inserted: "(2) Coordination.--Outreach under this subsection shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act (42 U.S.C. 674(a)(7)) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.

Inserted: "(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2023 and 2024.

Inserted: "(f) Nondiscrimination.--The program established under this section shall be implemented by the Secretary in a manner that is consistent with the Fair Housing Act.".

Inserted: (b) VAWA Protections.--Section 41411(a)(3) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is amended--

Inserted: (1) by redesignating subparagraphs (O) and (P) as subparagraphs (P) and (Q), respectively; and

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

Inserted: "(O) the program established under the Grandfamily Housing Act of 2022;".

Inserted: (c) Report.--Not later than 2 years after the date of enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that--

Inserted: (1) describes the effectiveness of the grant program established under section 206 of the LEGACY Act of 2003, as added by subsection (a); and

Inserted: (2) makes recommendations for legislative changes that could allow for the grant program to be more effective.

Inserted: amendment no. 460 offered by ms. escobar of texas

Inserted: (B) by striking "1997 through 1999" and inserting "2023 through 2027".

Inserted: amendment no. 462 offered by ms. clark of massachusetts

Inserted: (A) consult with--

Inserted: (i) the heads of Federal agencies, including--

Inserted: (I) the Administrator of the Environmental Protection Agency;

Inserted: (II) the Administrator of the National Oceanic and Atmospheric Administration;

Inserted: (III) the Secretary of Agriculture; and

Inserted: (IV) the Director of the National Park Service; and

Inserted: (ii) Indian Tribes; and

Inserted: (B) coordinate with --

Inserted: (i) the Governors of New York and New Jersey and the Commissioner of the New York State Department of Environmental Conservation and the Director of the New Jersey Division of Fish and Wildlife;

Inserted: (ii) the New York-New Jersey Harbor & Estuary Program; and

Inserted: (iii) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Watershed.

Inserted: (4) Purposes.--The purposes of the program include--

Inserted: (A) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Watershed;

Inserted: (B) carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Watershed--

Inserted: (i) to sustain and enhance fish and wildlife habitat restoration and protection activities;

Inserted: (ii) to improve and maintain water quality to support fish, wildlife, and their habitat, as well as to improve opportunities for public access and recreation in the Watershed consistent with the ecological needs of fish and wildlife habitat;

Inserted: (iii) to advance the use of natural and nature-based features, living shoreline, and other green infrastructure techniques to maximize the resilience of communities, natural systems, and habitats under changing sea levels, storm risks, and watershed conditions;

Inserted: (iv) to engage the public, communities experiencing environmental injustice, through outreach, education, and community involvement to increase capacity and support for coordinated restoration and protection activities in the Watershed;

Inserted: (v) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities;

Inserted: (vi) to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals;

Inserted: (vii) to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (a)(2)(B);

Inserted: (viii) to provide technical assistance to carry out restoration and protection activities in the Watershed;

Inserted: (ix) to monitor environmental quality to assess progress toward the goals of this section; and

Inserted: (x) to improve fish and wildlife habitats, as well as opportunities for personal recreation, along rivers and shore fronts within communities lacking in environmental justice; and

Inserted: (C) other activities necessary for the implementation of approved plans.

Inserted: (b) New York-New Jersey Watershed Restoration Grant Program.--

Inserted: (1) Establishment.--The Secretary shall establish a voluntary grant and technical assistance program, to be known as the "New York-New Jersey Watershed Restoration Grant Program", to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out activities described in subsection (a)(4).

Inserted: (2) Criteria.--The Secretary, in consultation with the agencies, organizations, and other persons referred to in section 404(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the purposes identified in subsection (a)(4) and advance the implementation of priority actions or needs identified in the Watershed-wide strategy adopted under subsection (a)(2)(B).

Inserted: (3) Capacity building.--The Secretary shall include grant program provisions designed to increase the effectiveness of organizations that work at the nexus of natural resource and community health issues within the New York-New Jersey Watershed by addressing organizational capacity needs.

Inserted: (4) Cost sharing.--

Inserted: (A) Department of the interior share.--The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary.

Inserted: (B) Non-department of the interior share.--The non-Department of the Interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials.

Inserted: (c) Administration.--

Inserted: (1) In general.--The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization that offers grant management services.

Inserted: (2) Funding.--If the Secretary enters into an agreement under paragraph (A), the organization selected shall--

Inserted: (A) for each fiscal year, receive amounts made available to carry out this section in an advance payment of the entire amounts on October 1 of that fiscal year, or as soon as practicable thereafter;

Inserted: (B) invest and reinvest those amounts for the benefit of the grant program; and

Inserted: (C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this section.

Inserted: (3) Requirements.--If the Secretary enters into an agreement with the Foundation under subparagraph (A), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 U.S.C. 3709(a)).

Inserted: (d) Annual Reports.--Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Congress a report on the implementation of this section, including a description of each project that has received funding under this section in the preceding fiscal year.

Inserted: (e) Prohibition on Federal Land Holdings.--The Federal Government may not maintain ownership of any land acquired under this section except for the purpose of promptly transferring ownership to a State or local entity.

Inserted: (f) Sunset.--This section shall have no force or effect after September 30, 2030.

Inserted: (g) Authorization of Appropriations.--

Inserted: (1) In general.--There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2023 through 2028, of which not more than 3 percent shall be used for administrative costs to carry out this section.

Inserted: (2) Use for grant program.--Of any amount made available under this section for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program under subsection (b) and to provide, or provide for, technical assistance under such program.

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

Inserted: (1) Approved plans.--The term "approved plan"--

Inserted: (A) means any plan for management of the New York-New Jersey Watershed--

Inserted: (i) that has been approved by a Federal, regional, State, or local governmental entity, including State Wildlife Action Plans, Comprehensive Conservation Management Plans, Watershed Improvement Plans; or

Inserted: (ii) that is determined by the Director, in consultation with such entities, to contribute to the achievement of the purposes of this section; and

Inserted: (B) includes the New York-New Jersey Harbor & Estuary Program (HEP) Action Agenda, the Hudson Raritan Comprehensive Restoration Plan, the Hudson River Comprehensive Restoration Plan, the Hudson River Estuary Program Action Agenda, the Hudson River Park Trust Estuarine Sanctuary Management Plan, the Mohawk River Action Agenda, the Sustainable Raritan River Initiative Action Plan, the Lower Passaic and Bronx & Harlem Federal Urban Waters Partnership Workplans, the New Jersey Sports and Exhibition Authority Meadowlands Restoration Plan, as well as other critical conservation projects in the region that achieve the purposes of this section.

Inserted: (2) Director.--The term "Director" means the Director of the United States Fish and Wildlife Service.

Inserted: (3) Environmental justice.--The term "environmental justice" means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

Inserted: (4) Foundation.--The term "Foundation" means the National Fish and Wildlife Foundation.

Inserted: (5) Grant program.--The term "grant program" means the voluntary New York-New Jersey Watershed Restoration Grant Program established under section 405.

Inserted: (6) Program.--The term "program" means the New York-New Jersey Watershed Restoration Program established under section 404.

Inserted: (7) Restoration and protection.--The term "restoration and protection" means the conservation, stewardship, and enhancement of habitat for fish and wildlife and water quality to preserve and improve ecosystems and ecological processes on which they depend and for use and enjoyment by the public.

Inserted: (8) Secretary.--The term "Secretary" means the Secretary of the Interior, acting through the Director.

Inserted: (9) Service.--The term "Service" means the United States Fish and Wildlife Service.

Inserted: (10) Watershed.--The term "Watershed" means the New York-New Jersey Watershed, which is comprised of all land area whose surface water drains into New York-New Jersey Harbor, the waters contained within that land area, and the estuaries associated with those watersheds.

Inserted: amendment no. 464 offered by mr. higgins of new york

Inserted: (2) Exception.--If the Secretary, in consultation with the Director of National Intelligence, certifies to the appropriate congressional committees that the Secretary is unable to include an element required under paragraphs (1) through (7) of subsection (b) in an unclassified manner, the Secretary shall provide in unclassified form an affirmative or negative determination for each element required under subsections (b)(1)-(7) whether the People's Republic of China is supporting the Russian Federation in that manner and concurrently provide the discussion of that element to the committees at the lowest possible classification level, consistent with the protection of sources and methods.

Inserted: (d) Sunset.--The requirement to submit the report required by subsection (a) shall terminate on the earlier of--

Inserted: (1) the date on which the Secretary of State determines the conflict in Ukraine has ended; or

Inserted: (2) the date that is 2 years after the date of the enactment of this Act.

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

Inserted: (1) the congressional defense committees;

Inserted: (2) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

Inserted: (3) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate.

Inserted: amendment no. 469 offered by ms. bass of california

Inserted: (7) An assessment of foreign malign influence in Niger, with a specific focus on the People's Republic of China, the Russian Federation, and their proxies.

Inserted: (c) Form.--The report required by section (b) shall be submitted in unclassified form and may include a classified annex.

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

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

Inserted: (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Inserted: amendment no. 470 offered by mr. bera of california

Inserted: (c) Policy Objectives.--The report and strategy required in subsection (a) shall assess the activities and resources required to achieve the following policy objectives:

Inserted: (1) Implement the Interim National Security Strategic Guidance, or the most recent National Security Strategy, with respect to the Indo-Pacific region.

Inserted: (2) Implement the 2022 Indo-Pacific Strategy, or successor documents, that set forth the U.S. Government strategy toward the Indo-Pacific region.

Inserted: (3) Implement the State-USAID Joint Strategic Plan with respect to the Indo-Pacific region.

Inserted: (4) Enhance meaningful diplomatic and economic relations with allies and partners in the Indo-Pacific and demonstrate an enduring U.S. commitment to the region.

Inserted: (5) Secure and advance U.S. national interests in the Indo-Pacific, including through countering the malign influence of the Government of the People's Republic of China.

Inserted: (d) Matters To Be Included.--The report and strategy required under subsection (a) shall include the following:

Inserted: (1) A description of the Bureaus' bilateral and multilateral goals for the period covered in the report that the principals deem necessary to accomplish the objectives outlined in subsection (c), disaggregated by country and forum.

Inserted: (2) A timeline with annual benchmarks for achieving the objectives described in subsection (c).

Inserted: (3) An assessment of the sufficiency of U.S. diplomatic personnel and facilities currently available in the Indo-Pacific region to achieve the objectives outlined in subsection (c), through consultation with U.S. embassies in the region. The assessment shall include:

Inserted: (A) A list, in priority order, of locations in the Indo-Pacific region that require additional diplomatic personnel or facilities.

Inserted: (B) A description of locations where the United States may be able to collocate diplomatic personnel at allied or partner embassies and consulates.

Inserted: (C) A discussion of embassies or consulates where diplomatic staff could be reduced within the Indo-Pacific region, where appropriate.

Inserted: (D) A detailed description of the fiscal and personnel resources required to fill gaps identified.

Inserted: (4) A detailed plan to expand U.S. diplomatic engagement and foreign assistance presence in the Pacific Island nations within the next five years, including a description of "quick impact" programs that can be developed and implemented within the first fiscal year of the period covered in the report.

Inserted: (5) A discussion of the resources needed to enhance U.S. strategic messaging and spotlight coercive PRC behavior.

Inserted: (6) A detailed description of the resources and policy tools needed to expand the United States ability to offer high-quality infrastructure projects in strategically significant parts of the Indo-Pacific region, with a particular focus on expanding investments in Southeast Asia and the Pacific Islands.

Inserted: (7) A gap assessment of security assistance by country, and of the resources needed to fill those gaps.

Inserted: (8) A description of the resources and policy tools needed to facilitate continued private sector investment in partner countries in the Indo-Pacific.

Inserted: (9) A discussion of any additional bilateral or regional assistance resources needed to achieve the objectives outlined in subsection (c), as deemed necessary by the principals.

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

Inserted: (f) Availability.--Not later than February 1 each year, the Assistant Secretary for East Asian and Pacific Affairs shall make the report and strategy available to the Secretary of State, the Administrator of the USAID, the Deputy Secretary of State, the Deputy Secretary of State for Management and Resources, the Deputy Administrator for Policy and Programming, the Deputy Administrator for Management and Resources, the Under Secretary of State for Political Affairs, the Director of the Office of Foreign Assistance at the Department of State, the Director of the Bureau of Foreign Assistance at the USAID, and the Director of Policy Planning.

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

Inserted: (1) Indo-pacific region.--The term "Indo-Pacific region" means the countries under the jurisdiction of the Bureau for East Asian and Pacific Affairs, as well as the countries of Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.

Inserted: (2) Foreign affairs committees.--The term "foreign affairs committees" means the Committee on Foreign Affairs of the House of Representatives; the Committee on Foreign Relations of the Senate; the Subcommittee on State, Foreign Operations, Related Programs of the Committee on Appropriations of the House of Representatives; and the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the Senate.

Inserted: (3) Principals.--The term "principals" means the Assistant Secretary of State for the Bureau of East Asian and Pacific Affairs, the Assistant Secretary of State for the Bureau of South and Central Asian Affairs, and the Assistant Administrator for the Bureau for Asia of the United States Agency for International Development.

Inserted: amendment no. 471 offered by mr. bera of california

Inserted: (III) the impacts such measures have had on United States national interests; and

Inserted: (ii) facilitating coordination among Federal departments and agencies when responding to such measures as well as proactively deterring such economic coercion, including by clarifying the roles for departments and agencies identified in subsection (d) in implementing the strategy;

Inserted: (B) consult with United States allies and partners on the feasibility and desirability of collectively identifying, assessing, and responding to PRC coercive economic measures, as well as actions that could be taken to expand coordination with the goal of ensuring a consistent, coherent, and collective response to such measures and establishing long-term deterrence to such measures;

Inserted: (C) effectively engage the United States private sector, particularly sectors, groups, or other entities that are susceptible to such PRC coercive economic measures, on concerns related to such measures; and

Inserted: (D) develop and implement a process for regularly sharing relevant information, including classified information to the extent appropriate and practicable, on such PRC coercive economic measures with United States allies, partners, and the private sector.

Inserted: (2) Consultation.--In carrying out its duties under this subsection, the Task Force should regularly consult, to the extent necessary and appropriate, with the following:

Inserted: (A) Relevant stakeholders in the private sector.

Inserted: (B) Federal departments and agencies that are not represented on the Task Force.

Inserted: (C) United States allies and partners.

Inserted: (d) Membership.--The President shall--

Inserted: (1) appoint the chair of the Task Force from among the staff of the National Security Council;

Inserted: (2) appoint the vice chair of the Task Force from among the staff of the National Economic Council; and

Inserted: (3) direct the head of each of the following Federal departments and agencies to appoint personnel at the level of Assistant Secretary or above to participate in the Task Force:

Inserted: (A) The Department of State.

Inserted: (B) The Department of Commerce.

Inserted: (C) The Department of the Treasury.

Inserted: (D) The Department of Justice.

Inserted: (E) The Office of the United States Trade Representative.

Inserted: (F) The Department of Agriculture.

Inserted: (G) The Office of the Director of National Intelligence and other appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).

Inserted: (H) The Securities and Exchange Commission.

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

Inserted: (J) Any other department or agency designated by the President.

Inserted: (e) Reports.--

Inserted: (1) Initial report.--Not later than one year after the date of the enactment of this Act, the Task Force shall submit to the appropriate congressional committees a report that includes the following elements:

Inserted: (A) A comprehensive review of the array of economic tools the Government of the People's Republic of China (PRC) employs or could employ in the future to coerce other governments, non-PRC companies (including United States companies), and multilateral institutions and organizations, including the Government of the PRC's continued efforts to codify informal practices into its domestic law.

Inserted: (B) The strategy required by subsection (c)(1)(A).

Inserted: (C) An interagency definition of PRC coercive economic measures that captures both--

Inserted: (i) the use of informal or extralegal PRC coercive economic measures; and

Inserted: (ii) the illegitimate use of formal economic tools.

Inserted: (D) A comprehensive review of the array of economic and diplomatic tools the United States Government employs or could employ to respond to economic coercion against the United States and United States allies and partners.

Inserted: (E) A list of unilateral or multilateral--

Inserted: (i) proactive measures to defend or deter against PRC coercive economic measures; and

Inserted: (ii) actions taken in response to the Government of the PRC's general use of coercive economic measures, including the imposition of reputational costs on the PRC.

Inserted: (F) An assessment of areas in which United States allies and partners are vulnerable to PRC coercive economic measures.

Inserted: (G) A description of gaps in existing resources or capabilities for United States Government departments and agencies to respond effectively to PRC coercive economic measures directed at United States entities and assist United States allies and partners in their responses to PRC coercive economic measures.

Inserted: (H) An analysis of the circumstances under which the PRC employs different types of economic coercion and against what kinds of targets.

Inserted: (I) An assessment, as appropriate, of international norms and regulations as well as any treaty obligations the PRC has stretched, circumvented, or broken through its economically coercive practices.

Inserted: (2) Interim reports.--

Inserted: (A) First interim report.--Not later than one year after the date on which the report required by paragraph (1) is submitted to the appropriate congressional committees, the Task Force shall submit to the appropriate congressional committees a report that includes the following elements:

Inserted: (i) Updates to information required by subparagraphs (A) through (G) of paragraph (1).

Inserted: (ii) A description of activities conducted by the Task Force to implement the strategy required by subsection (c)(1)(A).

Inserted: (iii) An assessment of the implementation and effectiveness of the strategy, lessons learned from the past year, and planned changes to the strategy.

Inserted: (B) Second interim report.--Not later than one year after the date on which the report required by subparagraph (A) is submitted to the appropriate congressional committees, the Task Force shall submit to the appropriate congressional committees a report that includes an update to the elements required under the report required by subparagraph (A).

Inserted: (3) Final report.--Not later than 30 days after the date on which the report required by paragraph (2)(B) is submitted to the appropriate congressional committees, the Task Force shall submit to the appropriate congressional committees and also make available to the public on the website of the Executive Office of the President a final report that includes the following elements:

Inserted: (A) An analysis of PRC coercive economic measures and the cost of such coercive measures to United States businesses.

Inserted: (B) A description of areas of possible vulnerability for United States businesses and businesses of United States partners and allies.

Inserted: (C) Recommendations on how to continue the effort to counter PRC coercive economic measures, including through further coordination with United States allies and partners.

Inserted: (D) A list of cases made public under subsection (f).

Inserted: (4) Form.--

Inserted: (A) Initial and interim reports.--The reports required by paragraphs (1), (2)(A), and (2)(B) shall be submitted in unclassified form, but may include a classified annex.

Inserted: (B) Final report.--The report required by paragraph (3) shall be submitted in unclassified form, but may include a classified annex.

Inserted: (f) Publicly Available List.--

Inserted: (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Task Force shall to the extent practicable make available to the public on the website of the Executive Office of the President a list of cases in the past six months in which open source reporting indicates that the PRC has directed coercive economic measures against a non-PRC entity.

Inserted: (2) Updates.--The list required by paragraph (1) should be updated every 180 days, and shall be managed by the Department of State after the termination of the Task Force under subsection (g).

Inserted: (g) Sunset.--

Inserted: (1) In general.--The Task Force shall terminate at the end of the 60-day period beginning on the date on which the final report required by subsection (e)(3) is submitted to the appropriate congressional committees and made publicly available.

Inserted: (2) Additional actions.--The Task force may use the 60-day period referred to in paragraph (1) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report required by subsection (e)(3).

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

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

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

Inserted: (B) the Committee on Foreign Relations of the Senate.

Inserted: (2) Coercive economic measures.--The term "coercive economic measures" includes formal or informal restrictions or conditions, such as on trade, investment, development aid, and financial flows, intended to impose economic costs on a non-People's Republic of China target in order to achieve strategic political objectives, including influence over the policy decisions of a foreign government, company, organization, or individual.

Inserted: SEC. 58_. MODIFICATION OF DUTIES OF UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION.

Inserted: Section 1238(c)(2)(H) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002(c)(2)(H)) is amended by adding at the end before the period the following: ", and the People's Republic of China's use of such relations to economically or politically coerce other countries, regions, and international and regional entities, particularly treaty allies and major partners, to achieve China's objectives in the preceding year".

Inserted: amendment no. 472 offered by mr. bera of california

Inserted: (B) performs logistical, administrative, and other functions, as determined by the Department of State and the American Institute of Taiwan, in support of the Taiwan Fellowship Program; and

Inserted: (C) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program.

Inserted: (b) Establishment of Taiwan Fellowship Program.--

Inserted: (1) Establishment.--The Secretary of State shall establish the "Taiwan Fellowship Program" (hereafter referred to in this section as the "Program") to provide a fellowship opportunity in Taiwan of up to two years for eligible United States citizens through the cooperative agreement established in paragraph (2). The Department of State, in consultation with the American Institute in Taiwan and the implementing partner, may modify the name of the Program.

Inserted: (2) Cooperative agreements.--

Inserted: (A) In general.--The American Institute in Taiwan shall use amounts authorized to be appropriated pursuant to subsection (f)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner.

Inserted: (B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding--

Inserted: (i) not fewer than five fellowships during the first two years of the Program; and

Inserted: (ii) not fewer than ten fellowships during each of the remaining years of the Program.

Inserted: (3) International agreement; implementing partner.--Not later than 30 days after the date of the enactment of this Act, the American Institute in Taiwan, in consultation with the Department of State, shall--

Inserted: (A) begin negotiations with the Taipei Economic and Cultural Representative Office, or with another appropriate entity, for the purpose of entering into an agreement to facilitate the placement of fellows in an agency of the governing authorities on Taiwan; and

Inserted: (B) begin the process of selecting an implementing partner, which--

Inserted: (i) shall agree to meet all of the legal requirements required to operate in Taiwan; and

Inserted: (ii) shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region.

Inserted: (4) Curriculum.--

Inserted: (A) First year.--During the first year of each fellowship under this subsection, each fellow should study--

Inserted: (i) the Mandarin Chinese language;

Inserted: (ii) the people, history, and political climate on Taiwan; and

Inserted: (iii) the issues affecting the relationship between the United States and the Indo-Pacific region.

Inserted: (B) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in--

Inserted: (i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or

Inserted: (ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed.

Inserted: (5) Flexible fellowship duration.--Notwithstanding any requirement under this section, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, may award fellowships that have a duration of between nine months and two years, and may alter the curriculum requirements under paragraph (4) for such purposes.

Inserted: (6) Sunset.--The Program shall terminate ten years after the date of the enactment of this Act.

Inserted: (c) Program Requirements.--

Inserted: (1) Eligibility requirements.--A United States citizen is eligible for a fellowship under this section if he or she--

Inserted: (A) is an employee of the United States Government;

Inserted: (B) has received at least one exemplary performance review in his or her current United States Government role within at least the last three years prior to the beginning the fellowship;

Inserted: (C) has at least two years of experience in any branch of the United States Government;

Inserted: (D) has a demonstrated professional or educational background in the relationship between the United States and countries in the Indo-Pacific region; and

Inserted: (E) has demonstrated his or her commitment to further service in the United States Government.

Inserted: (2) Responsibilities of fellows.--Each recipient of a fellowship under this section shall agree, as a condition of such fellowship--

Inserted: (A) to maintain satisfactory progress in language training and appropriate behavior in Taiwan, as determined by the Department of State, the American Institute in Taiwan and, as appropriate, its implementing partner;

Inserted: (B) to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and

Inserted: (C) to continue Federal Government employment for a period of not less than four years after the conclusion of the fellowship or for not less than two years for a fellowship that is one year or shorter.

Inserted: (3) Responsibilities of implementing partner.--

Inserted: (A) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall--

Inserted: (i) make efforts to recruit fellowship candidates who reflect the diversity of the United States;

Inserted: (ii) select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and

Inserted: (iii) prioritize the selection of candidates willing to serve a fellowship lasting one year or longer.

Inserted: (B) First year.--The implementing partner should provide each fellow in the first year (or shorter duration, as jointly determined by the Department of State and the American Institute in Taiwan for those who are not serving a two-year fellowship) with--

Inserted: (i) intensive Mandarin Chinese language training; and

Inserted: (ii) courses in the politic, culture, and history of Taiwan, China, and the broader Indo-Pacific.

Inserted: (C) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin Chinese language skills, knowledge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. If any of the training requirements are waived for a fellow serving a two-year fellowship, the training portion of his or her fellowship may be shortened to the extent appropriate.

Inserted: (D) Office; staffing.--The implementing partner, in consultation with the Department of State and the American Institute in Taiwan, shall maintain an office and at least one full-time staff member in Taiwan--

Inserted: (i) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and

Inserted: (ii) to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents.

Inserted: (E) Other functions.--The implementing partner should perform other functions in association in support of the Program, including logistical and administrative functions, as prescribed by the Department of State and the American Institute in Taiwan.

Inserted: (4) Noncompliance.--

Inserted: (A) In general.--Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for--

Inserted: (i) the Federal funds expended for the fellow's participation in the fellowship, as set forth in subparagraphs (B) and (C); and

Inserted: (ii) interest accrued on such funds (calculated at the prevailing rate).

Inserted: (B) Full reimbursement.--Any fellow who violates subparagraph (A) or (B) of paragraph (2) shall reimburse the American Institute in Taiwan in an amount equal to the sum of--

Inserted: (i) all of the Federal funds expended for the fellow's participation in the fellowship; and

Inserted: (ii) interest on the amount specified in clause (i), which shall be calculated at the prevailing rate.

Inserted: (C) Pro rata reimbursement.--Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between--

Inserted: (i) the amount specified in subparagraph (B); and

Inserted: (ii) the product of--

Inserted: (I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by

Inserted: (II) the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government.

Inserted: (5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues:

Inserted: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section.

Inserted: (B) The number of applicants each year, the number of applicants willing to serve a fellowship lasting one year or longer, and the number of such applicants selected for the fellowship.

Inserted: (C) The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States.

Inserted: (D) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned.

Inserted: (E) Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program.

Inserted: (F) An assessment of the Program's value upon the relationship between the United States and Taiwan or the United States and Asian countries.

Inserted: (6) Annual financial audit.--

Inserted: (A) In general.--The financial records of any implementing partner shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another political subdivision of the United States.

Inserted: (B) Location.--Each audit under subparagraph (A) shall be conducted at the place or

Inserted: places where the financial records of the implementing partner are normally kept.

Inserted: (C) Access to documents.--The implementing partner shall make available to the accountants conducting an audit under subparagraph (A)--

Inserted: (i) all books, financial records, files, other papers, things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit; and

Inserted: (ii) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.

Inserted: (D) Report.--

Inserted: (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan.

Inserted: (ii) Contents.--Each audit report shall--

Inserted: (I) set forth the scope of the audit;

Inserted: (II) include such statements, along with the auditor's opinion of those statements, as may be necessary to present fairly the implementing partner's assets and liabilities, surplus or deficit, with reasonable detail;

Inserted: (III) include a statement of the implementing partner's income and expenses during the year; and

Inserted: (IV) include a schedule of--

Inserted: (aa) all contracts and cooperative agreements requiring payments greater than $5,000; and

Inserted: (bb) any payments of compensation, salaries, or fees at a rate greater than $5,000 per year.

Inserted: (iii) Copies.--Each audit report shall be produced in sufficient copies for distribution to the public.

Inserted: (d) Taiwan Fellows on Detail From Government Service.--

Inserted: (1) In general.--

Inserted: (A) Detail authorized.--With the approval of the Secretary of State, an agency head may detail, for a period of not more than two years, an employee of the agency of the United States Government who has been awarded a fellowship under this Act, to the American Institute in Taiwan for the purpose of assignment to the governing authorities on Taiwan or an organization described in subsection (b)(4)(B)(ii).

Inserted: (B) Agreement.--Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree--

Inserted: (i) to continue in the service of the sponsoring agency at the end of fellowship for a period of at least four years (or at least two years if the fellowship duration is one year or shorter) unless such detailee is involuntarily separated from the service of such agency; and

Inserted: (ii) to pay to the American Institute in Taiwan any additional expenses incurred by the United States Government in connection with the fellowship if the detailee voluntarily separates from service with the sponsoring agency before the end of the period for which the detailee has agreed to continue in the service of such agency.

Inserted: (C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection.

Inserted: (2) Status as government employee.--A detailee--

Inserted: (A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency;

Inserted: (B) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and

Inserted: (C) may be assigned to a position with an entity described in subsection (b)(4)(B)(i) if acceptance of such position does not involve--

Inserted: (i) the taking of an oath of allegiance to another government; or

Inserted: (ii) the acceptance of compensation or other benefits from any foreign government by such detailee.

Inserted: (3) Responsibilities of sponsoring agency.--

Inserted: (A) In general.--The agency of the United States Government from which a detailee is detailed should provide the fellow allowances and benefits that are consistent with Department of State Standardized Regulations or other applicable rules and regulations, including--

Inserted: (i) a living quarters allowance to cover the cost of housing in Taiwan;

Inserted: (ii) a cost of living allowance to cover any possible higher costs of living in Taiwan;

Inserted: (iii) a temporary quarters subsistence allowance for up to seven days if the fellow is unable to find housing immediately upon arriving in Taiwan;

Inserted: (iv) an education allowance to assist parents in providing the fellow's minor children with educational services ordinarily provided without charge by public schools in the United States;

Inserted: (v) moving expenses to transport personal belongings of the fellow and his or her family in their move to Taiwan, which is comparable to the allowance given for American Institute in Taiwan employees assigned to Taiwan; and

Inserted: (vi) an economy-class airline ticket to and from Taiwan for each fellow and the fellow's immediate family.

Inserted: (B) Modification of benefits.--The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in subparagraph (A) if such modification is warranted by fiscal circumstances.

Inserted: (4) No financial liability.--The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental entities in Taiwan at which a fellow is detailed during the second year of the fellowship may not be held responsible for the pay, allowances, or any other benefit normally provided to the detailee.

Inserted: (5) Reimbursement.--Fellows may be detailed under paragraph (1)(A) without reimbursement to the United States by the American Institute in Taiwan.

Inserted: (6) Allowances and benefits.--Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3).

Inserted: (e) GAO Report.--Not later than one year prior to the sunset of the Program pursuant to subsection (b)(6), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following: