HR 7900

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DIVISION E—NON-DEPARTMENT OF DEFENSE MATTERS

TITLE LI—VETERANS AFFAIRS MATTERS

SEC. 5101. MAXIMUM RATE OF INTEREST ON DEBTS INCURRED BEFORE MILITARY SERVICE APPLICABLE TO MILITARY DEPENDENTS.

Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. 3937) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “or the servicemember and the servicemember’s spouse jointly” and inserting “a dependent of the servicemember, or such a dependent and the servicemember jointly”; and

(B) in paragraph (3), by inserting “or a dependent of the servicemember” after “due from a servicemember”; and

(2) in subsection (b)(1)—

(A) in the paragraph heading, by inserting “and dependency” after “military service”;

(B) in subparagraph (A)—

(i) by striking “of the servicemember”;

(ii) by striking clause (i) and inserting the following:

“(i) military orders indicating the current, future, or past military duty status of the servicemember; or”; and

(iii) in clause (ii), by inserting “or a certificate from the Defense Manpower Data Center” before the period at the end;

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

(D) by inserting the following after subparagraph

(A):

“(B) Dependents.—In addition to providing proof of military service under subparagraph (A), dependents of servicemembers shall provide documentation that indicates the dependency status of the dependent at the time the debt or obligation was incurred and continuing until the servicemember entered military service. Such documentation may include a marriage certificate, birth certificate, or any other appropriate indicator of dependency status.”; and

(3) in subsection (c), by inserting “, dependent, or both, as the case may be,” after “ability of the servicemember”.

SEC. 5102. REPORT ON HANDLING OF CERTAIN RECORDS OF THE DEPARTMENT OF VETERANS AFFAIRS.

(a) Report.—Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs, in coordination with the Secretary of Defense, shall submit to Congress a report on how the procedures outlined in M21-1 III.ii.2.F.1. of the Adjudication Procedures Manual of the Department of Veterans Affairs are followed in assisting veterans obtain or reconstruct service records and medical information damaged or destroyed in the July 1973 fire at the National Processing Records Center.

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

(1) The determination of the Inspector General whether employees of the Department of Veterans Affairs receive sufficient training on such procedures.

(2) The determination of the Inspector General whether veterans are informed of actions necessary to adhere to such procedures.

(3) The percentage of cases regarding such service records and medical information in which employees of the Department of Veterans Affairs follow such procedures.

(4) The average time it takes to resolve an issue using such procedures.

(5) Recommendations to improve the implementation of such procedures.

SEC. 5103. SENSE OF CONGRESS REGARDING WOMEN WHO SERVED AS CADET NURSES DURING WORLD WAR II.

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

(1) In June of 1943, Congress enacted the Bolton Act, establishing the United States Cadet Nurse Corps as a uniformed service of the Public Health Administration. Through the Corps, women received free, expedited nursing education in exchange for “service in essential nursing for the duration of the war”.

(2) During World War II, the Nation faced a severe shortage of qualified nurses, threatening the ability of the United States to meet domestic and military medical needs.

(3) In total, 124,065 women graduated from training under the Cadet Nurse program, going on to serve in military hospitals, Veterans Administration hospitals, Marine hospitals, private hospitals, public health agencies, and public hospitals until the program ended in 1948.

(4) In 1944, the Federal Security Agency identified “national recognition for rendering a vital war service” as a privilege of service in the Corps.

(5) By 1945, Cadet Nurses accounted for 80 percent of the domestic nursing workforce.

(6) The Cadet Nurse Corps has been credited with preventing the collapse of the domestic nursing workforce.

(b) Sense of Congress.—It is the sense of Congress that women who served in the Cadet Nurse Corps honorably stepped up for their country during its time of need in World War II, significantly contributing to the war effort and the safety and security of the Nation.

(c) Expression of Gratitude.—Congress hereby expresses deep gratitude for the women who answered the call to duty and served in the Cadet Nurse Corps.

SEC. 5104. SENSE OF CONGRESS REGARDING KOREAN AND KOREAN-AMERICAN VIETNAM WAR VETERANS.

(a) Findings.—Congress finds the following:

(1) Korean and Korean-American Vietnam War veterans served honorably throughout the conflict, fighting valiantly both in and alongside the United States Armed Forces, often making the ultimate sacrifice, with many later becoming United States citizens.

(2) Military cooperation in the Vietnam War is one of several examples that demonstrate the robust alliance of the United States and Republic of Korea, under shared commitment to democratic principles.

(3) During the Vietnam conflict, more than 3,000,000 members of the United States Armed Forces fought bravely to preserve and defend these ideals, among them many Korean Americans who earned citations for their heroism and honorable service.

(4) The Republic of Korea joined the Vietnam conflict to support the United States Armed Forces and the cause of freedom at the request of the United States.

(5) From 1964 until the last soldier left Saigon on March 23, 1973, 325,517 members of the Republic of Korea’s Armed Forces served in Vietnam, the largest contribution of troops sent by an ally of the United States.

(6) Republic of Korea forces fought bravely throughout the theater and were known for their dedication, tenacity, and effectiveness on the battlefield.

(7) More than 17,000 Korean soldiers were injured, and over 4,400 Korean soldiers made the ultimate sacrifice in defense of United States friends and allies.

(8) There are approximately 3,000 naturalized Korean Americans who served in the Vietnam War currently living in the United States, many of whom suffer from significant injuries due to their service in Vietnam, including post-traumatic stress disorder, total disability, and the effects of the toxic defoliant Agent Orange.

(9) Korean-American veterans of the Vietnam conflict upheld the highest ideals of the United States through their dedicated service and considerable sacrifices, with many continuing to carry the visible and invisible wounds of war to this day.

(b) Sense of Congress.—It is the sense of Congress that Korean and Korean-American Vietnam War veterans who served alongside the United States Armed Forces in the Vietnam conflict fought with honor and valor.

SEC. 5105. USE OF VETERANS WITH MEDICAL OCCUPATIONS IN RESPONSE TO NATIONAL EMERGENCIES.

(a) Update of Web Portal to Identify Veterans Who Had Medical Occupations as Members of the Armed Forces.—

(1) In general.—The Secretary shall update existing web portals of the Department to allow the identification of veterans who had a medical occupation as a member of the Armed Forces.

(2) Information in portal.—

(A) In general.—An update to a portal under paragraph (1) shall allow a veteran to elect to provide the following information:

(i) Contact information for the veteran.

(ii) A history of the medical experience and trained competencies of the veteran.

(B) Inclusions in history.—To the extent practicable, histories provided under subparagraph

(A)(ii) shall include individual critical task lists specific to military occupational specialties that align with existing standard occupational codes maintained by the Bureau of Labor Statistics.

(b) Program on Provision to States of Information on Veterans With Medical Skills Obtained During Service in the Armed Forces.—For purposes of facilitating civilian medical credentialing and hiring opportunities for veterans seeking to respond to a national emergency, including a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary, in coordination with the Secretary of Defense and the Secretary of Labor, shall establish a program to share information specified in section 3(b) with the following:

(1) State departments of veterans affairs.

(2) Veterans service organizations.

(3) State credentialing bodies.

(4) State homes.

(5) Other stakeholders involved in State-level credentialing, as determined appropriate by the Secretary.

(c) Program on Training of Intermediate Care Technicians of Department of Veterans Affairs.—

(1) Establishment.—The Secretary shall implement a program to train covered veterans to work as intermediate care technicians of the Department.

(2) Locations.—The Secretary may place an intermediate care technician trained under the program under paragraph (1) at any medical center of the Department, giving priority to a location with a significant staffing shortage.

(3) Inclusion of information in transition assistance program.—As part of the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code, the Secretary shall prepare a communications campaign to convey opportunities for training, certification, and employment under the program under paragraph (1) to appropriate members of the Armed Forces separating from active duty.

(4) Report on expansion of program.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on whether the program under this section could be replicated for other medical positions within the Department.

(5) Covered veteran defined.—In this subsection, the term “covered veteran” means a veteran whom the Secretary determines served as a basic health care technician while serving in the Armed Forces.

(d) Notification of Opportunities for Veterans.—The Secretary shall notify veterans service organizations and, in coordination with the Secretary of Defense, members of the reserve components of the Armed Forces of opportunities for veterans under this section.

(e) Definitions.—In this section:

(1) Department; secretary; veteran.—The terms “Department”, “Secretary”, “State home”, and “veteran” have the meanings given those terms in section 101 of title 38, United States Code.

(2) Veterans service organization.—The term “veterans service organization” means an organization that provides services to veterans, including organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code.

SEC. 5106. PILOT PROGRAM TO EMPLOY VETERANS IN POSITIONS RELATING TO CONSERVATION AND RESOURCE MANAGEMENT ACTIVITIES.

(a) Establishment.—The Secretary of Veterans Affairs and the Secretaries concerned shall jointly establish a pilot program under which veterans are employed by the Federal Government in positions that relate to the conservation and resource management activities of the Department of the Interior and the Department of Agriculture.

(b) Administration.—The Secretary of Veterans Affairs shall administer the pilot program under subsection (a).

(c) Positions.—The Secretaries concerned shall—

(1) identify vacant positions in the respective Departments of the Secretaries that are appropriate to fill using the pilot program under subsection (a); and

(2) to the extent practicable, fill such positions using the pilot program.

(d) Application of Civil Service Laws.—A veteran employed under the pilot program under subsection (a) shall be treated as an employee as defined in section 2105 of title 5, United States Code.

(e) Best Practices for Other Departments.—The Secretary of Veterans Affairs shall establish guidelines containing best practices for departments and agencies of the Federal Government that carry out programs to employ veterans who are transitioning from service in the Armed Forces. Such guidelines shall include—

(1) lessons learned under the Warrior Training Advancement Course of the Department of Veterans Affairs; and

(2) methods to realize cost savings based on such lessons learned.

(f) Partnership.—The Secretary of Veterans Affairs, the Secretaries concerned, and the Secretary of Defense may enter into a partnership to include the pilot program under subsection (a) as part of the Skillbridge program under section 1143 of title 10, United States Code.

(g) Reports.—

(1) Initial report.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretaries concerned shall jointly submit to the appropriate congressional committees a report on the pilot program under subsection (a), including a description of how the pilot program will be carried out in a manner to reduce the unemployment of veterans.

(2) Implementation.—Not later than one year after the date on which the pilot program under subsection (a) commences, the Secretary of Veterans Affairs and the Secretaries concerned shall jointly submit to the appropriate congressional committees a report on the implementation of the pilot program.

(3) Final report.—Not later than one year after the date on which the pilot program under subsection (a) is completed, the Secretary of Veterans Affairs and the Secretaries concerned shall jointly submit to the appropriate congressional committees a report on the pilot program that includes the following:

(A) The number of veterans who applied to participate in the pilot program.

(B) The number of such veterans employed under the pilot program.

(C) The number of veterans identified in subparagraph (B) who transitioned to full-time positions with the Federal Government after participating in the pilot program.

(D) Any other information the Secretaries determine appropriate with respect to measuring the effectiveness of the pilot program.

(h) Duration.—The authority to carry out the pilot program under subsection (a) shall terminate on the date that is two years after the date on which the pilot program commences.

(i) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Veterans’ Affairs, the Committee on Agriculture, and the Committee on Natural Resources of the House of Representatives; and

(B) the Committee on Veterans’ Affairs, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Energy and Natural Resources of the Senate.

(2) The term “resource management” means approved conservation practices which, when properly planned and applied, work in tandem to provide environmental conservation and protection for soil, water, air, plant, and animal resources.

(3) The term “Secretary concerned” means—

(A) the Secretary of Agriculture with respect to matters regarding the National Forest System and the Department of Agriculture; and

(B) the Secretary of the Interior with respect to matters regarding the National Park System and the Department of the Interior.

SEC. 5107. ELIMINATION OF ASSET AND INFRASTRUCTURE REVIEW COMMISSION OF DEPARTMENT OF VETERANS AFFAIRS.

The VA Asset and Infrastructure Review Act of 2018 (subtitle A of title II of Public Law 115-182; 38 U.S.C. 8122 note) is amended by striking each section other than sections 204(b) and 207.

SEC. 5108. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR EMERGENCY TREATMENT FURNISHED TO VETERANS.

(a) Eligibility Requirements.—Section 1725(b)(2)(B) of title 38, United States Code, is amended by inserting “, unless such emergency treatment was furnished during the 60-day period following the date on which the veteran enrolled in the health care system specified in subparagraph (A), in which case no requirement for prior receipt of care shall apply” before the period.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to emergency treatment furnished on or after the date that is one year after the date of the enactment of this Act.

SEC. 5109. IMPROVING PROCESSING BY THE DEPARTMENT OF VETERANS AFFAIRS OF DISABILITY CLAIMS FOR POST-TRAUMATIC STRESS DISORDER.

(a) Training for Claims Processors Who Handle Claims Relating to Post-traumatic Stress Disorder.—

(1) Update training programs.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs (in this section referred to as the “Secretary”) shall, acting through the Under Secretary for Benefits (in this section referred to as the “Under Secretary”), update an ongoing, national training program for claims processors who review claims for compensation for service-connected post-traumatic stress disorder.

(2) Participation required.—Beginning on the date that is 180 days after the date of the enactment of this Act, the Secretary shall require that each claims processor described in paragraph (1) participates in the training established under paragraph (1) at least once each year beginning in the second year in which the claims processor carries out the duties of the claims processor for the Department.

(3) Required elements.—The training established under paragraph (1) shall include instruction on stressor development and verification.

(b) Standardization of Training at Regional Offices.—Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall standardize the training provided at regional offices of the Veterans Benefits Administration to the employees of such regional offices.

(c) Formal Process for Conduct of Annual Analysis of Trends.—Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to analyze, on an annual basis, training needs based on identified processing error trends.

(d) Formal Process for Conduct of Annual Studies.—

(1) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the national training program established under subsection (a)(1).

(2) Elements.—Each study conducted under paragraph (1) shall cover the following:

(A) Military post-traumatic stress disorder stressors.

(B) Decision-making claims for claims processors.

(e) Annual Updates to Post-traumatic Stress Disorder Procedural Guidance.—Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary, acting through the Under Secretary, shall evaluate the guidance relating to post-traumatic stress disorder to determine if updates are warranted to provide claims processors of the Department with better resources regarding best practices for claims processing, including specific guidance regarding development of claims involving compensation for service-connected post-traumatic stress disorder.

SEC. 5110. REGISTRY OF INDIVIDUALS EXPOSED TO PER- AND POLYFLUOROALKYL SUBSTANCES ON MILITARY INSTALLATIONS.

(a) Establishment of Registry.—

(1) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—

(A) establish and maintain a registry for eligible individuals who may have been exposed to per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) due to the environmental release of aqueous film-forming foam (in this section referred to as “AFFF”) on military installations to meet the requirements of military specification MIL-F-24385F;

(B) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to PFAS associated with AFFF;

(C) develop a public information campaign to inform eligible individuals about the registry, including how to register and the benefits of registering; and

(D) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to PFAS.

(2) Coordination.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).

(b) Reports.—

(1) Initial report.—Not later than two years after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress an initial report containing the following:

(A) An assessment of the effectiveness of actions taken by the Secretary of Veterans Affairs and the Secretary of Defense to collect and maintain information on the health effects of exposure to PFAS.

(B) Recommendations to improve the collection and maintenance of such information.

(C) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to exposure to PFAS.

(2) Follow-up report.—Not later than five years after submitting the initial report under paragraph (1), the Secretary of Veterans Affairs shall submit to Congress a follow-up report containing the following:

(A) An update to the initial report submitted under paragraph (1).

(B) An assessment of whether and to what degree the content of the registry established under subsection

(a) is current and scientifically up-to-date.

(3) Independent scientific organization.—The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to prepare the reports under paragraphs (1) and (2).

(c) Recommendations for Additional Exposures to Be Included.—Not later than five years after the date of the enactment of this Act, and every five years thereafter, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Administrator of the Environmental Protection Agency, shall submit to Congress recommendations for additional chemicals with respect to which individuals exposed to such chemicals should be included in the registry established under subsection (a).

(d) Eligible Individual Defined.—In this section, the term “eligible individual” means any individual who, on or after a date specified by the Secretary of Veterans Affairs through regulations, served or is serving in the Armed Forces at a military installation where AFFF was used or at another location of the Department of Defense where AFFF was used.

SEC. 5111. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON UNITED STATES OUTLYING AREAS AND FREELY ASSOCIATED STATES.

(a) Establishment of Advisory Committee.—

(1) In general.—Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: “Sec. 548. Advisory Committee on United States Outlying Areas and Freely Associated States

“(a) Establishment.—The Secretary shall establish an advisory committee, to be known as the ‘Advisory Committee on United States Outlying Areas and Freely Associated States’, to provide advice and guidance to the Secretary on matters relating to covered veterans.

“(b) Duties.—The duties of the Committee shall be the following:

“(1) To advise the Secretary on matters relating to covered veterans, including how the Secretary can improve the programs and services of the Department to better serve such veterans.

“(2) To identify for the Secretary evolving issues of relevance to covered veterans.

“(3) To propose clarifications, recommendations, and solutions to address issues raised by covered veterans.

“(4) To provide a forum for covered veterans, veterans service organizations serving covered veterans, and the Department to discuss issues and proposals for changes to regulations, policies, and procedures of the Department.

“(5) To identify priorities for and provide advice to the Secretary on appropriate strategies for consultation with veterans service organizations serving covered veterans.

“(6) To encourage the Secretary to work with other departments and agencies of the Federal Government and Congress to ensure covered veterans are provided the full benefits of their status as covered veterans.

“(7) To highlight contributions of covered veterans in the Armed Forces.

“(8) To conduct other duties as determined appropriate by the Secretary.

“(c) Membership.—(1) The Committee shall be comprised of 15 voting members appointed by the Secretary.

“(2) In appointing members pursuant to paragraph (1), the Secretary shall ensure the following:

“(A) At least one member is appointed to represent covered veterans in each of the following areas:

“(i) American Samoa.

“(ii) Guam.

“(iii) Puerto Rico.

“(iv) The Commonwealth of the Northern Mariana Islands.

“(v) The Virgin Islands of the United States.

“(vi) The Federated States of Micronesia.

“(vii) The Republic of the Marshall Islands.

“(viii) The Republic of Palau.

“(B) Not fewer than half of the members appointed are covered veterans, unless the Secretary determines that an insufficient number of qualified covered veterans are available.

“(C) Each member appointed resides in an area specified in subparagraph (A).

“(3) In appointing members pursuant to paragraph (1), the Secretary may consult with any Member of Congress who represents an area specified in paragraph (2)(A).

“(d) Terms; Vacancies.—(1) A member of the Committee—

“(A) shall be appointed for a term of two years; and

“(B) may be reappointed to serve an additional 2-year term.

“(2) Not later than 180 days after receiving notice of a vacancy in the Committee, the Secretary shall fill the vacancy in the same manner as the original appointment.

“(e) Meeting Format and Frequency.—(1) Except as provided in paragraph (2), the Committee shall meet in-person with the Secretary not less frequently than once each year and hold monthly conference calls as necessary.

“(2) Meetings held under paragraph (1) may be conducted virtually if determined necessary based on—

“(A) Department protocols; and

“(B) timing and budget considerations.

“(f) Additional Representation.—(1) Representatives of relevant departments and agencies of the Federal Government may attend meetings of the Committee and provide information to the Committee.

“(2) One representative of the Department shall attend each meeting of the Committee.

“(3) Representatives attending meetings under this subsection—

“(A) shall not be considered voting members of the Committee; and

“(B) may not receive additional compensation for services performed with respect to the Committee.

“(g) Subcommittees.—(1) The Committee may establish subcommittees.

“(2) The Secretary may, in consultation with the Committee, appoint a member to a subcommittee established under paragraph (1) who is not a member of the Committee.

“(3) A subcommittee established under paragraph (1) may enhance the function of the Committee, but may not supersede the authority of the Committee or provide direct advice or work products to the Secretary.

“(h) Reports.—(1) Not less frequently than once every 2 years, the Committee shall submit to the Secretary and the appropriate committees of Congress a report—

“(A) containing such recommendations as the Committee may have for legislative or administrative action; and

“(B) describing the activities of the Committee during the previous two years.

“(2) Not later than 120 days after the date on which the Secretary receives a report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a written response to the report after—

“(A) giving the Committee an opportunity to review such written response; and

“(B) including in such written response any comments the Committee considers appropriate.

“(3) The Secretary shall make publicly available on an internet website of the Department—

“(A) each report the Secretary receives under paragraph

(1);

“(B) each written response the Secretary submits under paragraph (2); and

“(C) each report the Secretary receives under paragraph

(3).

“(i) Committee Personnel Matters.—A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the Committee.

“(j) Consultation.—In carrying out this section, the Secretary shall consult with veterans service organizations serving covered veterans.

“(k) Termination.—The Committee shall terminate on the date that is 10 years after the date of the enactment of this section.

“(l) Definitions.—In this section:

“(1) The term ‘appropriate committees of Congress’ means—

“(A) the Committee on Veterans’ Affairs of the House of Representatives; and

“(B) the Committee on Veterans’ Affairs of the Senate.

“(2) The term ‘Committee’ means the Advisory Committee on United States Outlying Areas and Freely Associated States established under subsection (a).

“(3) The term ‘covered veteran’ means a veteran residing in an area specified in subsection (c)(2)(A).

“(4) The term ‘veterans service organization serving covered veterans’ means any organization that—

“(A) serves the interests of covered veterans;

“(B) has covered veterans in substantive and policymaking positions within the organization; and

“(C) has demonstrated experience working with covered veterans.”.

(2) Clerical amendment.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 547 the following new item:

“548. Advisory Committee on United States Outlying Areas and Freely Associated States.”.

(b) Deadline for Establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish the advisory committee required by section 548 of title 38, United States Code, as added by subsection (a)(1) of this section.

(c) Deadline for Initial Appointments.—Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section 548, the Secretary shall appoint the members of such advisory committee.

(d) Initial Meeting.—Not later than 180 days after the date on which the Secretary establishes the advisory committee required by such section 548, such advisory committee shall hold its first meeting.

SEC. 5112. REPORT ON BARRIERS TO VETERAN PARTICIPATION IN FEDERAL HOUSING PROGRAMS.

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Housing and Urban Development, shall submit to Congress a report on the barriers veterans experience related to receiving benefits under Federal housing programs, including barriers faced by veterans based on their membership in one or more protected classes under the Fair Housing Act (42 U.S.C. 3601 et seq.), being part of a multi-generational household, and any other barriers as determined appropriate by the Secretary.

SEC. 5113. DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE SERVICES AND HOUSING INSECURITY.

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Housing and Urban Development and the Secretary of Labor, shall submit to Congress a report on how often and what type of supportive services (including career transition and mental health services and services for elderly veterans) are being offered to and used by veterans, and any correlation between a lack of supportive services programs and the likelihood of veterans falling back into housing insecurity. The Secretary of Veterans Affairs shall ensure that any medical information included in the report is de-identified.

SEC. 5114. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.

(a) In General.—Not later than 18 months after the date of enactment of this Act, the Secretary of Defense shall authorize the inclusion on the Vietnam Veterans Memorial Wall in the District of Columbia of the names of the 74 crew members of the U.S.S. Frank E. Evans in service who were killed on June 3, 1969.

(b) Required Consultation.—The Secretary of Defense shall consult with the Secretary of the Interior, the American Battlefield Monuments Commission, and other applicable authorities with respect to any adjustments to the nomenclature and placement of names pursuant to subsection (a) to address any space limitations on the placement of additional names on the Vietnam Veterans Memorial Wall.

(c) Nonapplicability of Commemorative Works Act.—Chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall not apply to any activities carried out under subsection (a) or (b).

SEC. 5115. PROVISION OF HEALTH CARE BENEFITS FOR CERTAIN INDIVIDUALS WHO SERVED IN THE ARMED FORCES OF THE REPUBLIC OF KOREA.

Section 109 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(d)(1) Any person described in paragraph (2) shall be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if the service described in such paragraph had been performed in the Armed Forces of the United States.

“(2) A person described in this paragraph is a person whom the Secretary determines meets the following criteria:

“(A) The person served in Vietnam as a member of the armed forces of the Republic of Korea at any time during the period beginning on January 9, 1962, and ending on May 7, 1975, or such other period as determined appropriate by the Secretary for purposes of this subsection.

“(B) The person became a citizen of the United States on or after the date on which such service in the armed forces of the Republic of Korea ended.”.

SEC. 5116. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR DISCHARGE.

(a) In General.—Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall, in coordination with the Secretary of Veterans Affairs, carry out a program to award grants to eligible organizations for the provision of assistance to covered individuals on the transition of a member or former member of the Armed Forces from service in the Armed Forces to civilian life.

(b) Covered Individuals.—For purposes of this section, a covered individual is—

(1) a member of the Armed Forces who is eligible for preseparation counseling under sections 1142 and 1144 of title 10, United States Code;

(2) a former member of the Armed Forces who is transitioning from service in the Armed Forces to civilian life; or

(3) a spouse of a member described in paragraph (1) or a former member described in paragraph (2).

(c) Duration of Program.—The Secretary of Labor shall carry out the program during the 5-year period beginning on the date of the commencement of the program.

(d) Grants.—

(1) In general.—The Secretary of Labor shall carry out the program through the award of grants to eligible organizations for the provision of assistance described in subsection (a).

(2) Matching funds required.—A grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (g).

(e) Eligible Organizations.—For purposes of this section, an eligible organization is any nonprofit organization, including workforce boards or Veterans Service Organizations, that the Secretary of Labor determines, in consultation with the Secretary of Veterans Affairs, is suitable for receipt of a grant under the program pursuant to receipt by the Secretary of Labor of an application submitted under subsection (f)(1).

(f) Selection of Grant Recipients.—

(1) Applications.—An organization seeking a grant under the program shall submit to the Secretary of Labor an application therefor at such time, in such manner, and containing such information and assurances as the Secretary, in consultation with the Secretary of Veterans Affairs, may require.

(2) Priority for hubs of services.—In awarding grants under the program, the Secretary of Labor shall give priority to an organization that provides multiple forms of services described in subsection (g).

(g) Use of Funds.—The recipient of a grant under the program shall use the grant to coordinate for covered individuals the following:

(1) Career and training services, including the provision of such services available through the workforce development system.

(2) Mental health services.

(3) Legal assistance.

(4) Supportive services.

(5) Assistance with accessing benefits provided under laws administered by the Secretary of Veterans Affairs.

(6) Non-clinical case management.

(7) Entrepreneurship training.

(8) Such other services that may be related to the assistance and services set forth in this subsection as the Secretary of Labor determines may lead directly to successful transition to civilian life.

(h) Inclusion in Transition Assistance Program Counseling.—The Secretary concerned shall include in the information provided to a member of the Armed Forces during the Transition Assistance Program information regarding any recipient of a grant under this section that is located in the community in which that member will reside after separation, retirement, or discharge from the Armed Forces.

(i) Authorization of Appropriations.—There is authorized to be appropriated $10,000,000 to carry out this section.

(j) Definitions.—In this section:

(1) Except as otherwise provided, any term used in this Act that is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) shall have the meaning given to such term in such section.

(2) The term “nonprofit organization” is an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

(3) The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code.

(4) The term “Transition Assistance Program” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

SEC. 5117. STUDY ON INCIDENCE AND MORTALITY OF CANCER AMONG FORMER AIRCREW OF THE NAVY, AIR FORCE, AND MARINE CORPS.

(a) Study.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a study of the incidence and mortality of cancers among covered individuals.

(b) Matters Included.—The study under subsection (a) shall include the following:

(1) Identification of chemicals, compounds, agents, and other phenomena that cause elevated cancer incidence and mortality risks among covered individuals, including a nexus study design to determine whether there is a scientifically established causal link between such a chemical, compound, agent, or other phenomena and such cancer incidence or mortality risk.

(2) An assessment of not fewer than 10 types of cancer that are of the greatest concern with respect to exposure by covered individuals to the chemicals, compounds, agents, and other phenomena identified under paragraph (1), which may include colon and rectum cancers, pancreatic cancer, melanoma skin cancer, prostate cancer, testis cancer, urinary bladder cancer, kidney cancer, brain cancer, thyroid cancer, lung cancer, and non-Hodgkin lymphoma.

(3) A review of all available sources of relevant data, including health care databases of the Department of Veterans Affairs and the Department of Defense and the national death index, and the study conducted under section 750 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3716).

(c) Submission.—

(1) Study.—Upon completion of the study under subsection

(a), the National Academies shall submit to the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of the Navy, the Secretary of the Air Force, and the Committees on Veterans’ Affairs of the House of Representatives and the Senate the study.

(2) Report.—Not later than December 31, 2025, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the study under subsection (a), including—

(A) the specific actions the Secretary is taking to ensure that the study informs the evaluation of disability claims made to the Secretary, including with respect to providing guidance to claims examiners and revising the schedule of ratings for disabilities under chapter 11 of title 38, United States Code; and

(B) any recommendations of the Secretary.

(3) Form.—The report under paragraph (2) shall be submitted in unclassified form.

(d) Covered Individual Defined.—In this section, the term “covered individual” means an individual who served in the regular or reserve components of the Navy, Air Force, or Marine Corps, as an air crew member of a fixed-wing aircraft or personnel supporting generation of the aircraft, including pilots, navigators, weapons systems operators, aircraft system operators, personnel associated with aircraft maintenance, supply, logistics, fuels, or transportation, and any other crew member who regularly flew in an aircraft or was required to complete the mission of the aircraft.

SEC. 5118. FEASIBILITY STUDY ON INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES OF THE LOST CREW MEMBERS OF THE USS FRANK E. EVANS KILLED ON JUNE 3, 1969.

(a) In General.—The Secretary of Defense shall conduct a study to determine the feasibility of including on the Vietnam Veterans Memorial Wall in the District of Columbia the names of the 74 crew members of the USS Frank E. Evans in service who were killed on June 3, 1969. Such study shall include a determination of—

(1) the cost of including such names; and

(2) whether there is sufficient space on the Wall for the inclusion of such names.

(b) Consultation.—In conducting the study required under subsection, the Secretary shall consult with members of the Frank E. Evans Association, as well as survivors and family members of the crew members who were killed.

SEC. 5119. LIMITATION ON COPAYMENTS FOR CONTRACEPTION.

Section 1722A(a)(2) of title 38, United States Code, is amended—

(1) by striking “to pay” and all that follows through the period and inserting “to pay—”; and

(2) by adding at the end the following new subparagraphs:

“(A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or

“(B) an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg- 13(a)(4)).”.

SEC. 5120. REQUIREMENT FOR TIMELY SCHEDULING OF APPOINTMENTS AT MEDICAL FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.

(a) Requirement.—Chapter 17 of title 38, United States Code, is amended—

(1) by redesignating section 1706A as section 1706B; and

(2) by inserting after section 1706 the following new section: “Sec. 1706A. Management of health care: timely scheduling of appointments at Department facilities

“(a) Requirement for Scheduling.—In managing the provision of hospital care and medical services at medical facilities of the Department of Veterans Affairs under this chapter, the Secretary shall ensure that whenever a covered veteran contacts the Department by telephone to request the scheduling of an appointment for care or services for the covered veteran at such a facility, the scheduling for the appointment occurs during that telephone call (regardless of the prospective date of the appointment being scheduled).

“(b) Covered Veteran Defined.—In this section, the term ‘covered veteran’ means a veteran who is enrolled in the system of patient enrollment of the Department under section 1705(a) of this title.”.

(b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by striking the item relating to section 1706A and inserting the following new items:

“1706A. Management of health care: timely scheduling of appointments at Department facilities. “1706B. Remediation of medical service lines.”.

(c) Applicability.—The amendments made by subsection (a) shall apply with respect to requests for appointment scheduling occurring on or after the date that is 120 days after the date of the enactment of this Act.

SEC. 5121. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS.

(a) In General.—Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to—

(1) provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and

(2) complete forms reflecting such recommendations and opinions.

(b) State Defined.—In this section, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and each federally recognized Indian Tribe.

SEC. 5122. ANNUAL REPORT FROM THE ADVISORY COMMITTEE ON WOMEN VETERANS.

Subsection (c)(1) of section 542 of title 38, United States Code, is amended by striking “even-numbered year” and inserting “year”.

SEC. 5123. VA PAYMENTS OR ALLOWANCES FOR BENEFICIARY TRAVEL.

Section 111(g) of title 38, United States Code, is amended—

(1) by striking “(1) Beginning one year after the date of the enactment of the Caregivers and Veterans Omnibus Health Services Act of 2010, the Secretary may” and inserting “The Secretary shall”;

(2) by striking “to be” and inserting “to be at least”; and

(3) by striking paragraph (2).

SEC. 5124. IMPROVEMENT OF VET CENTERS AT DEPARTMENT OF VETERANS AFFAIRS.

(a) Productivity Expectations for Readjustment Counselors of Vet Centers.—

(1) Evaluation of productivity expectations.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall evaluate productivity expectations for readjustment counselors of Vet Centers, including by obtaining systematic feedback from counselors on such expectations, including with respect to following:

(A) Any potential effects of productivity expectations, whether positive or negative, on client care and the welfare of readjustment counselors.

(B) Distances readjustment counselors may travel to appointments, especially with respect to serving rural veterans.

(C) The possibility that some veterans may not want to use nor benefit from telehealth or group counseling.

(D) Availability and access of veteran populations to broadband and telehealth.

(E) Any effect of productivity expectations on readjustment counselors, including with respect to recruitment, retention, and welfare.

(F) Whether productivity expectations provide incentives or pressure to inaccurately report client visits.

(G) Whether directors and readjustment counselors of Vet Centers need additional training or guidance on how productivity expectations are calculated.

(H) Such other criteria as the Secretary considers appropriate.

(2) Systematic feedback.—

(A) In general.—The Secretary shall—

(i) make every effort to ensure that all readjustment counselors of Vet Centers are given the opportunity to fully provide feedback, positive or negative, including through a survey containing open- and close- ended questions, on all items under paragraph

(1);

(ii) in obtaining feedback under paragraph

(1), ensure that the items under paragraph (1) are adequately and completely addressed in a way that permits responses to be relevant to the evaluation of productivity expectations;

(iii) collect and safely store the feedback obtained under paragraph (1)—

(I) in an electronic database that cannot be altered by any party;

(II) in an anonymized manner, in order to protect the privacy of each respondent; and

(III) in a manner that allows for evaluation by third parties of the feedback, such as audit of the feedback by the Government Accountability Office; and

(iv) provide the feedback obtained under paragraph (1) in an anonymized manner to the working group established under subsection (c).

(B) Government accountability office audit.—Not less frequently than once each year during the five- year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall audit the feedback obtained from readjustment counselors of Vet Centers under paragraph (1).

(3) Implementation of changes.—Not later than 90 days after the date of the completion of the evaluation required by paragraph (1), the Secretary shall implement any needed changes to the productivity expectations described in such paragraph in order to ensure—

(A) quality of care and access to care for veterans; and

(B) the welfare of readjustment counselors.

(4) Report to congress.—Not later than 180 days after the date of the completion of the evaluation required by paragraph

(1), the Secretary shall submit to Congress a report on—

(A) the findings of the evaluation; and

(B) any planned or implemented changes described in paragraph (3).

(5) Plan for reassessment and implementation.—

(A) Plan.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop and implement a plan for—

(i) reassessing productivity expectations for readjustment counselors of Vet Centers, in consultation with such counselors; and

(ii) implementing any needed changes to such expectations, as the Secretary determines appropriate.

(B) Reassessments.—Under the plan required by subparagraph (A), the Secretary shall conduct a reassessment described in such paragraph not less frequently than once each year.

(b) Staffing Model for Vet Centers.—

(1) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a staffing model for Vet Centers that incorporates key practices in the design of such staffing model.

(2) Elements.—In developing the staffing model under paragraph (1), the Secretary shall—

(A) involve key stakeholders, including readjustment counselors, outreach specialists, and directors of Vet Centers;

(B) incorporate key work activities and the frequency and time required to conduct such activities;

(C) ensure the data used in the model is high quality to provide assurance that staffing estimates are reliable; and

(D) incorporate—

(i) risk factors, including case complexity;

(ii) geography;

(iii) availability, advisability, and willingness of veterans to use telehealth or group counseling; and

(iv) such other factors as the Secretary considers appropriate.

(3) Plan for assessments and updates.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop a plan for—

(A) assessing and updating the staffing model developed and implemented under paragraph (1) not less frequently than once every four years; and

(B) implementing any needed changes to such model, as the Secretary determines appropriate.

(c) Working Group of Readjustment Counselors, Outreach Specialists, and Directors of Vet Centers.—

(1) In general.—In conducting the evaluation of productivity expectations under subsection (a) (1) and developing the staffing model for Vet Centers under subsection

(b)(1), the Secretary of Veterans Affairs shall establish a working group to assess—

(A) the efficacy, impact, and composition of performance metrics for such expectations with respect to—

(i) quality of care and access to care for veterans; and

(ii) the welfare of readjustment counselors and other employees of Vet Centers; and

(B) key considerations for the development of such staffing model, including with respect to—

(i) quality of care and access to care for veterans and other individuals eligible for care through Vet Centers; and

(ii) recruitment, retention, and welfare of employees of Vet Centers.

(2) Membership.—The working group established under paragraph (1) shall be composed of readjustment counselors, outreach specialists, and directors of Vet Centers.

(3) Feedback and recommendations.—The working group established under paragraph (1) shall provide to the Secretary—

(A) feedback from readjustment counselors, outreach specialists, and directors of Vet Centers; and

(B) recommendations on how to improve—

(i) quality of care and access to care for veterans; and

(ii) the welfare of readjustment counselors and other employees of Vet Centers.

(d) Improvements of Hiring Practices at Vet Centers.—

(1) Standardization of position descriptions.—

(A) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall standardize descriptions of position responsibilities at Vet Centers.

(B) Reporting requirement.—In each of the first two annual reports submitted under section 7309(e) of title 38, United States Code, after the date of the enactment of this Act, the Secretary shall include a description of the actions taken by the Secretary to carry out subparagraph (A).

(2) Expansion of reporting requirements on readjustment counseling to include actions to reduce staffing vacancies and time to hire.—Section 7309(e)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

“(D) A description of actions taken by the Secretary to reduce—

“(i) vacancies in counselor positions in the Readjustment Counseling Service; and

“(ii) the time it takes to hire such counselors.”.

(e) Report by Government Accountability Office on Vet Center Infrastructure and Future Investments.—

(1) In general.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on physical infrastructure and future investments with respect to Vet Centers.

(2) Elements.—The report required by paragraph (1) shall include the following:

(A) An assessment of—

(i) the condition of the physical infrastructure of all assets of Vet Centers, whether owned or leased by the Department of Veterans Affairs; and

(ii) the short-, medium-, and long-term plans of the Department to maintain and upgrade the physical infrastructure of Vet Centers to address the operational needs of Vet Centers as of the date of the submittal of the report and future needs.

(B) An assessment of management and strategic planning for the physical infrastructure of Vet Centers, including whether the Department should buy or lease existing or additional locations in areas with stable or growing populations of veterans.

(C) An assessment of whether, as of the date of the submittal of the report, Vet Center buildings, mobile Vet Centers, community access points, and similar infrastructure are sufficient to care for veterans or if such infrastructure is negatively affecting care due to limited space for veterans and Vet Center personnel or other factors.

(D) An assessment of the areas with the greatest need for investments in—

(i) improved physical infrastructure, including upgraded Vet Centers; or

(ii) additional physical infrastructure for Vet Centers, including new Vet Centers owned or leased by the Department.

(E) A description of the authorities and resources that may be required for the Secretary to make such investments.

(F) A review of all annual reports submitted under 7309(e) of title 38, United States Code, before the date of the submittal of the report under paragraph

(1).

(f) Pilot Program to Combat Food Insecurity Among Veterans and Family Members of Veterans.—

(1) In general.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program to award grants to eligible entities to support partnerships that address food insecurity among veterans and family members of veterans who receive services through Vet Centers or other facilities of the Department as determined by the Secretary.

(2) Duration of pilot.—The Secretary shall carry out the pilot program for a three-year period beginning on the date of the establishment of the pilot program.

(3) Training and technical assistance.—The Secretary may provide eligible entities receiving grant funding under the pilot program with training and technical assistance on the provision of food insecurity assistance services to veterans and family members of veterans.

(4) Eligible entities.—For purposes of the pilot program, an eligible entity is—

(A) a nonprofit organization;

(B) an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code;

(C) a public agency;

(D) a community-based organization; or

(E) an institution of higher education.

(5) Application.—An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information and commitments as the Secretary may require.

(6) Selection.—The Secretary shall select eligible entities that submit applications under paragraph (5) for the award of grants under the pilot program using a competitive process that takes into account the following:

(A) Capacity of the applicant entity to serve veterans and family members of veterans.

(B) Demonstrated need of the population the applicant entity would serve.

(C) Demonstrated need of the applicant entity for assistance from the grant.

(D) Such other criteria as the Secretary considers appropriate.

(7) Distribution.—The Secretary shall ensure, to the extent practicable, an equitable geographic distribution of grants awarded under this subsection.

(8) Minimum program requirements.—Any grant awarded under this subsection shall be used—

(A) to coordinate with the Secretary with respect to the provision of assistance to address food insecurity among veterans and family members of veterans described in paragraph (1);

(B) to increase participation in nutrition counseling programs and provide educational materials and counseling to veterans and family members of veterans to address food insecurity and healthy diets among those individuals;

(C) to increase access to and enrollment in Federal assistance programs, including the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the low- income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), and any other assistance program that the Secretary considers advisable; and

(D) to fulfill such other criteria as the Secretary considers appropriate to further the purpose of the grant and serve veterans.

(9) Provision of information.—Each entity that receives a grant under this subsection shall provide to the Secretary, at least once each year during the duration of the grant term, data on—

(A) the number of veterans and family members of veterans screened for, and enrolled in, programs described in subparagraphs (B) and (C) of paragraph

(8);

(B) other services provided by the entity to veterans and family members of veterans using funds from the grant; and

(C) such other data as the Secretary may require.

(10) Report on data collected.—For each year of operation of the pilot program, the Secretary shall submit to the appropriate committees of Congress a report on the data collected under paragraph (9) during such year.

(11) Government accountability office report.—

(A) In general.—Not later than one year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to Congress a report evaluating the effectiveness and outcomes of the activities carried out under this subsection in reducing food insecurity among veterans and family members of veterans.

(B) Elements.—The report required by subparagraph

(A) shall include the following:

(i) A summary of the activities carried out under this subsection.

(ii) An assessment of the effectiveness and outcomes of the grants awarded under this subsection, including with respect to eligibility screening contacts, application assistance consultations, and changes in food insecurity among the population served by the grant.

(iii) Best practices regarding the use of partnerships to improve the effectiveness and outcomes of public benefit programs to address food insecurity among veterans and family members of veterans.

(iv) An assessment of the feasibility and advisability of making the pilot program permanent and expanding to other locations.

(12) Authorization of appropriations.—

(A) In general.—There is authorized to be appropriated to carry out the pilot program established under paragraph (1) $15,000,000 for each fiscal year in which the program is carried out, beginning with the fiscal year in which the program is established.

(B) Administrative expenses.—Of the amounts authorized to be appropriated under subparagraph (A), not more than ten percent may be used for administrative expenses of the Department of Veterans Affairs associated with administering grants under this subsection.

(13) Definitions.—In this subsection:

(A) The term “appropriate committees of Congress” means—

(i) the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

(ii) the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on Agriculture of the House of Representatives.

(B) The term “facilities of the Department” has the meaning given that term in section 1701(3) of title 38, United States Code.

(C) The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(D) The term “public agency” means a department, agency, other unit, or instrumentality of Federal, State, Tribal, or local government.

(E) The term “State” has the meaning given that term in section 101(20) of title 38, United States Code.

(F) The term “veteran” means an individual who served in the Armed Forces, including an individual who served in a reserve component of the Armed Forces, and who was discharged or released therefrom, regardless of the conditions of such discharge or release.

(g) Definition of Vet Center.—In this section, the term “Vet Center” has the meaning given that term in section 1712A(h) of title 38, United States Code.

SEC. 5125. SECRETARY OF VETERANS AFFAIRS STUDY ON VA HOME LOAN BENEFIT.

(a) Study.—The Secretary of Veterans Affairs shall conduct a study to identify the means by which the Secretary informs lenders and veterans about the availability of a loan guaranteed by the Department of Veterans Affairs under chapter 37 of title 38, United States Code, for any purpose described in section 3710(a) of such title.

(b) Report.—Not later than 6 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of the study conducted under subsection (a), and shall publish such report on the website of the Department of Veterans Affairs.

SEC. 5126. GAO STUDY ON POST-MARKET SURVEILLANCE OF MEDICAL DEVICES BY DEPARTMENT OF VETERANS AFFAIRS.

(a) Study.—The Comptroller General of the United States shall conduct a study on the efforts of the Under Secretary of Veterans Affairs for Health relating to post-market surveillance of implantable medical devices.

(b) Report.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the findings of the study under subsection (a). Such report shall include the following:

(1) A description of the process used by the Veterans Health Administration for documenting implantable medical devices issued to patients.

(2) An evaluation of the capability of the Veterans Health Administration to identify, in a timely manner, adverse events and safety issues relating to implantable medical devices.

(3) An evaluation of the process for, and potential barriers to, the Under Secretary of Veterans Affairs for Health notifying patients of an implantable medical device recall.

(4) An evaluation of the accessibility of the adverse event reporting systems of the Veterans Health Administration for patients with disabilities.

(5) Recommendations to address gaps in such adverse event reporting systems, to better identify adverse events and safety issues from implantable medical devices.

SEC. 5127. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF THE DEPARTMENT OF VETERANS AFFAIRS.

Section 7451(c) of title 38, United States Code, is amended by adding at the end the following new paragraph:

“(4)(A) The director of each medical center of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs an annual locality pay survey and rates of basic pay for covered positions at such medical center to ensure that pay rates remain competitive in the local labor market.

“(B) Not less than once per fiscal year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on rates of basic pay for covered positions at medical centers of the Department.”.

SEC. 5128. DEPARTMENT OF VETERANS AFFAIRS PROGRAM TO PROVIDE GRANTS FOR CERTAIN VETERANS SERVICE ORGANIZATIONS AFFECTED BY THE COVID-19 PANDEMIC.

(a) Grant Program.—The Secretary of Veterans Affairs shall carry out a program under which the Secretary shall make grants to eligible organizations to offset costs relating to the COVID-19 pandemic incurred during the covered 2020 period.

(b) Eligible Organizations.—To be eligible to receive a grant under the program, an organization shall be a veterans service organization that—

(1) as a result of the COVID-19 pandemic, experienced a loss of 50 percent or greater gross revenue during the covered 2020 period (compared to the gross revenue collected during the covered 2019 period); and

(2) submits to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including—

(A) information demonstrating the loss specified in paragraph (1); and

(B) a plan for the use of such grant.

(c) Use of Grant Amounts.—A veterans service organization that receives a grant under this section may only use the grant in accordance with the plan referred to in subsection (b)(2)(B) for the following expenses of the organization:

(1) Rent.

(2) Utilities.

(3) Scheduled mortgage payments.

(4) Scheduled debt payments.

(5) Other ordinary and necessary business expenses, including maintenance costs, administrative costs (including fees and licensing), State and local taxes and fees, operating leases, and insurance payments.

(d) Amount of Grant.—A grant made to a veterans service organization under the program shall be in an amount equal to the aggregate cost of the activities specified in the plan referred to in subsection (b)(2)(B), except that any such grant may not exceed $50,000.

(e) Regulations.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out the grant program.

(f) Definitions.—In this section:

(1) The term “covered 2019 period” means the period beginning on April 1, 2019, and ending on December 31, 2019.

(2) The term “covered 2020 period” means the period beginning on April 1, 2020, and ending on December 31, 2020.

(3) The term “veterans service organization” means an organization that is chartered under part B of subtitle II of title 36, United States Code, and includes any local or area chapter, post, or other unit.

(g) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $25,000,000, to remain available until expended.

SEC. 5129. INCLUSION OF VETERANS IN HOUSING PLANNING.

(a) Public Housing Agency Plans.—Section 5A(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by striking “and disabled families” and inserting “, disabled families, and veterans (as such term is defined in section 101 of title 38, United States Code)”.

(b) Comprehensive Housing Affordability Strategies.—

(1) In general.—Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) is amended—

(A) in subsection (b)(1), by inserting “veterans (as such term is defined in section 101 of title 38, United States Code),” after “acquired immunodeficiency syndrome,”;

(B) in subsection (b)(20), by striking “and service” and inserting “veterans service, and other service”; and

(C) in subsection (e)(1), by inserting “veterans (as such term is defined in section 101 of title 38, United States Code),” after “homeless persons,”.

(2) Consolidated plans.—The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans (part 91 of title 24, Code of Federal Regulations) in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to veterans and veterans service agencies in all such plans.

SEC. 5130. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS.

(a) In General.—Not later than December 31 of each year, the Secretary of Housing and Urban Development shall submit a report on the activities of the Department of Housing and Urban Development relating to veterans during such year to the following:

(1) The Committee on Banking, Housing, and Urban Affairs of the Senate.

(2) The Committee on Veterans’ Affairs of the Senate.

(3) The Committee on Appropriations of the Senate.

(4) The Committee on Financial Services of the House of Representatives.

(5) The Committee on Veterans’ Affairs of the House of Representatives.

(6) The Committee on Appropriations of the House of Representatives.

(7) The Secretary of Veterans Affairs.

(b) Contents.—Each report required under subsection (a) shall include the following information with respect to the year for which the report is submitted:

(1) The number of homeless veterans provided assistance under the program of housing choice vouchers for homeless veterans under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers.

(2) The number of homeless veterans provided assistance under the Tribal HUD-VA Supportive Housing Program (HUD-VASH) authorized by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235; 128 Stat. 2733), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers.

(3) A summary description of the special considerations made for veterans under public housing agency plans submitted pursuant to section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1) and under comprehensive housing affordability strategies submitted pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705).

(4) A description of the activities of the Special Assistant for Veterans Affairs.

(5) A description of the efforts of the Department of Housing and Urban Development to coordinate the delivery of housing and services to veterans with other Federal departments and agencies, including the Department of Defense, Department of Justice, Department of Labor, Department of Health and Human Services, Department of Veterans Affairs, and the Interagency Council on Homelessness.

(6) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans.

(7) Any other information that the Secretary considers relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to veterans.

(c) Assessment of Housing Needs of Very Low-Income Veteran Families.—

(1) In general.—For the first report submitted pursuant to subsection (a) and every fifth report thereafter, the Secretary of Housing and Urban Development shall—

(A) conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in paragraph 5); and

(B) shall include in each such report findings regarding such assessment.

(2) Content.—Each assessment under this subsection shall include—

(A) conducting a survey of, and direct interviews with, a representative sample of very low-income veteran families (as such term is defined in paragraph

5) to determine past and current—

(i) socioeconomic characteristics of such veteran families;

(ii) barriers to such veteran families obtaining safe, quality, and affordable housing;

(iii) levels of homelessness among such veteran families; and

(iv) levels and circumstances of, and barriers to, receipt by such veteran families of rental housing and homeownership assistance; and

(B) such other information that the Secretary determines, in consultation with the Secretary of Veterans Affairs and national nongovernmental organizations concerned with veterans, homelessness, and very low-income housing, may be useful to the assessment.

(3) Conduct.—If the Secretary contracts with an entity other than the Department of Housing and Urban Development to conduct the assessment under this subsection, such entity shall be a nongovernmental organization determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research.

(4) Authorization of appropriations.—There are authorized to be appropriated to the Secretary of Housing and Urban Development, to be available until expended to carry out this subsection, $1,000,000.

(5) Very low-income veteran family.—The term “very low- income veteran family” means a veteran family whose income does not exceed 50 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish an income ceiling higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)).

SEC. 5131. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD WAR II IN THE UNITED STATES MERCHANT MARINE.

(a) Establishment of Compensation Fund.—Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: “Sec. 534. Merchant Mariner Equity Compensation Fund

“(a) Compensation Fund.—(1) There is in the general fund of the Treasury a fund to be known as the ‘Merchant Mariner Equity Compensation Fund’ (in this section referred to as the ‘compensation fund’).

“(2) Subject to the availability of appropriations provided in advance in a appropriations Act specifically for the purpose of carrying out this section, and no other funding source, amounts in the compensation fund shall be available to the Secretary without fiscal year limitation to make payments to eligible individuals in accordance with this section.

“(b) Eligible Individuals.—(1) An eligible individual is an individual who—

“(A) during the one-year period beginning on the date of the enactment of this section, submits to the Secretary an application containing such information and assurances as the Secretary may require;

“(B) has not received benefits under the Servicemen’s Readjustment Act of 1944 (Public Law 78-346); and

“(C) has engaged in qualified service.

“(2) For purposes of paragraph (1), a person has engaged in qualified service if, between December 7, 1941, and December 31, 1946, the person—

“(A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—

“(i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);

“(ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;

“(iii) under contract or charter to, or property of, the Government of the United States; and

“(iv) serving the Armed Forces; and

“(B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.

“(3) In determining the information and assurances required in the application pursuant to paragraph (1)(A), the Secretary shall accept a DD-214 form as proof of qualified service.

“(c) Amount of Payment.—The Secretary shall make one payment out of the compensation fund in the amount of $25,000 to an eligible individual. The Secretary shall make such a payment to eligible individuals in the order in which the Secretary receives the applications of the eligible individuals. Payments may only be made subject to the availability of funds provided in advance in an appropriations Act for this purpose.

“(d) Authorization of Appropriations.—There is authorized to be appropriated for fiscal year 2022 $125,000,000 for the compensation fund. Such amount shall remain available until expended.

“(e) Reports.—The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President’s budget for each fiscal year, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible individuals receiving benefits, the amounts paid out of the compensation fund, the administration of the compensation fund, and an estimate of the amounts necessary to fully fund the compensation fund for that fiscal year and each of the three subsequent fiscal years.

“(f) Regulations.—The Secretary shall prescribe regulations to carry out this section.”.

(b) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe the regulations required under section 534(f) of title 38, United States Code, as added by subsection (a).

(c) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item related to section 532 the following new item:

“534. Merchant Mariner Equity Compensation Fund.”.

SEC. 5132. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE VETERANS OF WORLD WAR II.

Section 1710(a)(2)(E) of title 38, United States Code, is amended—

(1) by striking “of the Mexican border period or of World War I;” and inserting “of—”; and

(2) by adding at the end the following new clauses:

“(i) the Mexican border period;

“(ii) World War I; or

“(iii) World War II;”.

SEC. 5133. PILOT PROGRAM ON CYBERSECURITY TRAINING FOR VETERANS AND MILITARY SPOUSES.

(a) Establishment.—Not later than 3 years after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Veterans Affairs, shall establish a pilot program under which the Secretary of Homeland Security shall provide cybersecurity training to eligible individuals at no cost to such individuals.

(b) Elements.—The cybersecurity training provided under the pilot program shall include—

(1) coursework and training that, if applicable, qualifies for postsecondary credit toward an associate or baccalaureate degree at an institution of higher education;

(2) virtual learning opportunities;

(3) hands-on learning and performance-based assessments;

(4) Federal work-based learning opportunities and programs; and

(5) the provision of recognized postsecondary credentials to eligible individuals who complete the pilot program.

(c) Eligibility.—

(1) In general.—To be eligible for the pilot program under this section an individual shall be—

(A) a veteran who is entitled to educational assistance under chapter 30, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code;

(B) a member of an active or a reserve component of the Armed Forces who the Secretary determines will become an eligible individual under paragraph (1) within 180 days of the date of such determination; or

(C) an eligible spouse described in section 1784a(b) of title 10, United States Code.

(2) No charge to entitlement.—In the case of an individual described in paragraph (1)(A), training under this section shall be provided to the individual without charge to the entitlement of the individual to educational assistance under the laws administered by the Secretary of Veterans Affairs.

(d) Alignment With NICE Workforce Framework for Cybersecurity.—In carrying out the pilot program, the Secretary shall ensure alignment with the taxonomy, including work roles and competencies and the associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800-181, Revision 1), or successor framework.

(e) Coordination.—

(1) Training, platforms, and frameworks.—In developing the pilot program, the Secretary of Homeland Security shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cybersecurity education and training to prevent duplication of efforts.

(2) Federal work-based learning opportunities and programs.—In developing the Federal work-based learning opportunities and programs required under subsection (b)(4), the Secretary of Homeland Security shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies to identify or create, as necessary, interagency opportunities to provide participants in the pilot program with—

(A) opportunities to acquire and demonstrate competencies; and

(B) the capabilities necessary to qualify for Federal employment.

(f) Resources.—

(1) In general.—In any case in which the pilot program—

(A) uses training, platforms, and frameworks described in subsection (e)(1), the Secretary of Homeland Security, in consultation with the Secretary of Veterans Affairs, shall ensure that the trainings, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or

(B) does not use training, platforms, and frameworks described in subsection (e)(1), the Secretary of Homeland Security, in consultation with the Secretary of Veterans Affairs, shall develop or procure training, platforms, and frameworks necessary to carry out the requirements of subsection (b) and accommodate the usage by eligible individuals participating in the pilot program.

(2) Actions.—In carrying out paragraph (1), the Secretary of Homeland Security may provide additional funding, staff, or other resources to—

(A) recruit and retain women, underrepresented minorities, and individuals from other underrepresented communities;

(B) provide administrative support for basic functions of the pilot program;

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

(D) connect participants who complete the pilot program to job opportunities within the Federal Government; and

(E) allocate dedicated positions for term employment to enable Federal work-based learning opportunities and programs, as required under subsection (b)(4), for participants to gain the competencies necessary to pursue permanent Federal employment.

(g) Reports.—

(1) Secretary.—Not later than 2 years after the date on which the pilot program is established, and annually thereafter, the Secretary shall submit to Congress a report on the pilot program. Such report shall include—

(A) a description of—

(i) any activity carried out by the Department of Homeland Security under this section; and

(ii) the existing training, platforms, and frameworks of the Federal Government leveraged in accordance with subsection (e)(1); and

(B) an assessment of the results achieved by the pilot program, including—

(i) the admittance rate into the pilot program;

(ii) the demographics of participants in the program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities;

(iii) the completion rate for the pilot program, including if there are any identifiable patterns with respect to participants who do not complete the pilot program;

(iv) as applicable, the transfer rates to other academic or vocational programs, and certifications and licensure exam passage rates;

(v) the rate of continued employment within a Federal agency for participants after completing the pilot program;

(vi) the rate of continued employment for participants after completing the pilot program; and

(vii) the median annual salary of participants who completed the pilot program and were subsequently employed.

(2) Comptroller general.—Not later than 4 years after the date on which the pilot program is established, the Comptroller General of the United States shall submit to Congress a report on the pilot program, including the recommendation of the Comptroller General with respect to whether the pilot program should be extended.

(h) Definitions.—In this section:

(1) The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(2) The term “recognized postsecondary credential” has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(3) The term “veteran” has the meaning given the term in section 101 of title 38, United States Code.

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

(i) Termination.—The authority to carry out the pilot program under this section shall terminate on the date that is 5 years after the date on which the Secretary establishes the pilot program under this section.

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

SEC. 5134. DEPARTMENT OF VETERANS AFFAIRS AWARENESS CAMPAIGN ON FERTILITY SERVICES.

(a) Awareness Campaign.—The Secretary of Veterans Affairs shall conduct an awareness campaign regarding the types of fertility treatments, procedures, and services covered under the medical benefits package of the Department of Veterans Affairs that are available to veterans experiencing issues with fertility.

(b) Modes of Outreach.—In carrying out subsection (a), the Secretary shall ensure that a variety of modes of outreach are incorporated into the awareness campaign under such subsection, taking into consideration the age range of the veteran population.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes a summary of the actions that have been taken to implement the awareness campaign under subsection (a) and how the Secretary plans to better engage women veterans, to ensure awareness of such veterans regarding covered fertility services available.

(d) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committees on Armed Services of the House of Representatives and the Senate; and

(2) the Committees on Veterans’ Affairs of the House of Representatives and the Senate.

TITLE LII—HOMELAND SECURITY MATTERS

SEC. 5201. CHEMICAL SECURITY ANALYSIS CENTER.

(a) In General.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:

“SEC. 323. CHEMICAL SECURITY ANALYSIS CENTER.

“(a) In General.—The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2). Such laboratory shall be used to conduct studies and analyses for assessing the threat and hazards associated with an accidental or intentional large-scale chemical event or chemical terrorism event.

“(b) Laboratory Described.—The laboratory described in this subsection is the laboratory known, as of the date of the enactment of this section, as the Chemical Security Analysis Center.

“(c) Laboratory Activities.—The Chemical Security Analysis Center shall—

“(1) identify and develop countermeasures to chemical threats, including the development of comprehensive, research- based definable goals for such countermeasures;

“(2) provide an enduring science-based chemical threat and hazard analysis capability;

“(3) provide expertise in risk and consequence modeling, chemical sensing and detection, analytical chemistry, chemical toxicology, synthetic chemistry and reaction characterization, and nontraditional chemical agents and emerging chemical threats;

“(4) staff and operate a technical assistance program that provides operational support and subject matter expertise, design and execute laboratory and field tests, and provide a comprehensive knowledge repository of chemical threat information that is continuously updated with data from scientific, intelligence, operational, and private sector sources; and

“(5) carry out such other activities as the Secretary determines appropriate.

“(d) Rule of Construction.—Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.”.

(b) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 amended by inserting after the item relating to section 322 the following new item:

“Sec. 323. Chemical Security Analysis Center.”.

SEC. 5202. NATIONAL CYBERSECURITY PREPAREDNESS CONSORTIUM.

The National Cybersecurity Preparedness Consortium Act of 2021 (Public Law 117-122; 6 U.S.C. 652 note) is amended—

(1) in subsections (a) and (b), by striking “The Secretary may work with one or more consortia” each place it appears and inserting “The Secretary shall work with not fewer than three consortia”;

(2) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking “In selecting a consortium” and inserting “In selecting the consortia”; and

(B) in paragraph (2), by striking “Geographic diversity of the members of any such consortium” and inserting “Regional diversity of such consortia, and geographic diversity of the members of such consortia,”; and

(3) in subsection (d), by striking “If the Secretary works with a consortium” and inserting “In working with the consortia”.

SEC. 5203. REPORT ON CYBERSECURITY ROLES AND RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY.

(a) In General.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the roles and responsibilities of the Department and its components relating to cyber incident response.

(b) Contents.—The report required under subsection (a) shall include the following:

(1) A review of how the cyber incident response plans under section 2210(c) of the Homeland Security Act of 2002 (6 U.S.C. 660(c)) are utilized in the Federal Government’s response to a cyber incident.

(2) An explanation of the roles and responsibilities of the Department of Homeland Security and its components with responsibility for, or in support of, the Federal Government’s response to a cyber incident, including primary responsibility for working with impacted private sector entities.

(3) An explanation of which and how authorities of the Department and its components are utilized in the Federal Government’s response to a cyber incident.

(4) Recommendations to provide further clarity for roles and responsibilities of the Department and its components relating to cyber incident response.

SEC. 5204. EXEMPTION OF CERTAIN HOMELAND SECURITY FEES FOR CERTAIN IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO RECEIVED THE PURPLE HEART.

(a) In General.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative.

(b) Fee Exemption.—The Secretary shall exempt certain immediate relatives of an individual who was awarded the Purple Heart, who identifies as such an immediate relative on a certain application or petition, from a fee with respect to a certain application or petition and any associated fee for biometrics.

(c) Pending Applications and Petitions.—The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act.

(d) Definitions.—In this section:

(1) Certain application or petition.—The term “certain application or petition” means—

(A) an application using Form-400, Application for Naturalization (or any successor form); or

(B) a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form).

(2) Certain immediate relatives of an individual who was awarded the purple heart.—The term “certain immediate relatives of an individual who was awarded the Purple Heart” means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code.

(3) Immediate relative.—The term “immediate relative” has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)).

SEC. 5205. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

(a) Clarification Regarding Definition of Rights and Benefits.— Section 4303(2) of title 38, United States Code, is amended—

(1) by inserting “(A)” before “The term”; and

(2) by adding at the end the following new subparagraph:

“(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”.

(b) Clarification Regarding Relation to Other Law and Plans for Agreements.—Section 4302 of such title is amended by adding at the end the following:

“(c)(1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.

“(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”.

SEC. 5206. CRITICAL TECHNOLOGY SECURITY CENTERS.

(a) Critical Technology Security Centers.—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:

“SEC. 323. CRITICAL TECHNOLOGY SECURITY CENTERS.

“(a) Establishment.—Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Director, shall award grants, contracts, or cooperative agreements to covered entities for the establishment of not fewer than two cybersecurity-focused Critical Technology Security Centers to evaluate and test the security of critical technology.

“(b) Evaluation and Testing.—In carrying out the evaluation and testing of the security of critical technology pursuant to subsection

(a), the Critical Technology Security Centers referred to in such subsection shall address the following technologies:

“(1) The security of information and communications technology that underpins national critical functions related to communications.

“(2) The security of networked industrial equipment, such as connected programmable data logic controllers and supervisory control and data acquisition servers.

“(3) The security of open source software that underpins national critical functions.

“(4) The security of critical software used by the Federal Government.

“(c) Addition or Termination of Centers.—

“(1) In general.—The Under Secretary for Science and Technology may, in coordination with the Director, award or terminate grants, contracts, or cooperative agreements to covered entities for the establishment of additional or termination of existing Critical Technology Security Centers to address critical technologies.

“(2) Limitation.—The authority provided under paragraph

(1) may be exercised except if such exercise would result in the operation at any time of fewer than two Critical Technology Security Centers.

“(d) Selection of Critical Technologies.—

“(1) In general.—Before awarding a grant, contract, or cooperative agreement to a covered entity to establish a Critical Technology Security Center, the Under Secretary for Science and Technology shall coordinate with the Director, who shall provide the Under Secretary a list of critical technologies or specific guidance on such technologies that would be within the remit of any such Center.

“(2) Expansion and modification.—The Under Secretary for Science and Technology, in coordination with the Director, is authorized to expand or modify at any time the list of critical technologies or specific guidance on technologies referred to in paragraph (1) that is within the remit of a proposed or established Critical Technology Security Center.

“(e) Responsibilities.—In carrying out the evaluation and testing of the security of critical technology pursuant to subsection (a), the Critical Technology Security Centers referred to in such subsection shall each have the following responsibilities:

“(1) Conducting rigorous security testing to identify vulnerabilities in such technologies.

“(2) Utilizing the coordinated vulnerability disclosure processes established under subsection (g) to report to the developers of such technologies and, as appropriate, to the Cybersecurity and Infrastructure Security Agency, information relating to vulnerabilities discovered and any information necessary to reproduce such vulnerabilities.

“(3) Developing new capabilities for improving the security of such technologies, including vulnerability discovery, management, and mitigation.

“(4) Assessing the security of software, firmware, and hardware that underpin national critical functions.

“(5) Supporting existing communities of interest, including through grant making, in remediating vulnerabilities discovered within such technologies.

“(6) Utilizing findings to inform and support the future work of the Cybersecurity and Infrastructure Security Agency.

“(f) Risk Based Evaluations.—Unless otherwise directed pursuant to guidance issued by the Under Secretary or Director under subsection

(d), to the greatest extent practicable activities carried out pursuant to the responsibilities specified in subsection (e) shall leverage risk-based evaluations to focus on activities that have the greatest effect practicable on the security of the critical technologies within each Critical Technology Security Center’s remit, such as the following:

“(1) Developing capabilities that can detect or eliminate entire classes of vulnerabilities.

“(2) Testing for vulnerabilities in the most widely used technology or vulnerabilities that affect many such critical technologies.

“(g) Coordinated Vulnerability Disclosure Processes.—Each Critical Technology Security Center shall establish, in coordination with the Director, coordinated vulnerability disclosure processes regarding the disclosure of vulnerabilities that—

“(1) are adhered to when a vulnerability is discovered or disclosed by each such Center, consistent with international standards and coordinated vulnerability disclosure best practices; and

“(2) are published on the website of each such Center.

“(h) Application.—To be eligible for an award of a grant, contract, or cooperative agreement as a Critical Technology Security Center pursuant to subsection (a), a covered entity shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary may require.

“(i) Public Reporting of Vulnerabilities.—The Under Secretary for Science and Technology shall ensure that vulnerabilities discovered by a Critical Technology Security Center are reported to the National Vulnerability Database of the National Institute of Standards and Technology, as appropriate and using the coordinated vulnerability disclosure processes established under subsection (g).

“(j) Additional Guidance.—The Under Secretary for Science and Technology, in coordination with the Director, shall develop, and periodically update, guidance, including eligibility and any additional requirements, relating to how Critical Technology Security Centers may award grants to communities of interest pursuant to subsection (e)(5) to remediate vulnerabilities and take other actions under such subsection and subsection (k).

“(k) Open Source Software Security Grants.—

“(1) In general.—Any Critical Technology Security Center addressing open source software security may award grants, in consultation with the Under Secretary for Science and Technology and Director, to individual open source software developers and maintainers, nonprofit organizations, and other non-Federal entities as determined appropriate by any such Center, to fund improvements to the security of the open source software ecosystem.

“(2) Improvements.—A grant awarded under paragraph (1) may include improvements such as the following:

“(A) Security audits.

“(B) Funding for developers to patch vulnerabilities.

“(C) Addressing code, infrastructure, and structural weaknesses, including rewrites of open source software components in memory-safe programming languages.

“(D) Research and tools to assess and improve the overall security of the open source software ecosystem, such as improved software fault isolation techniques.

“(E) Training and other tools to aid open source software developers in the secure development of open source software, including secure coding practices and secure systems architecture.

“(3) Priority.—In awarding grants under paragraph (1), a Critical Technology Security Center shall prioritize, to the greatest extent practicable, the following:

“(A) Where applicable, open source software components identified in guidance from the Director, or if no such guidance is so provided, utilizing the risk- based evaluation described in subsection (f).

“(B) Activities that most promote the long-term security of the open source software ecosystem.

“(l) Biennial Reports to Under Secretary.—Not later than one year after the date of the enactment of this section and every two years thereafter, each Critical Technology Security Center shall submit to the Under Secretary for Science and Technology and Director a report that includes the following:

“(1) A summary of the work performed by such Center.

“(2) Information relating to the allocation of Federal funds at such Center.

“(3) A description of each vulnerability that has been publicly disclosed pursuant to subsection (g), including information relating to the corresponding software weakness.

“(4) An assessment of the criticality of each such vulnerability.

“(5) A list of critical technologies studied by such Center.

“(6) An overview of the methodologies used by such Center, such as tactics, techniques, and procedures.

“(7) A description of such Center’s development of capabilities for vulnerability discovery, management, and mitigation.

“(8) A summary of such Center’s support to existing communities of interest, including an accounting of dispersed grant funds.

“(9) For such Center, if applicable, a summary of any grants awarded during the period covered by the report that includes the following:

“(A) An identification of the entity to which each such grant was awarded.

“(B) The amount of each such grant.

“(C) The purpose of each such grant.

“(D) The expected impact of each such grant.

“(10) The coordinated vulnerability disclosure processes established by such Center.

“(m) Reports to Congress.—Upon receiving the reports required under subsection (l), the Under Secretary for Science and Technology shall submit to the appropriate congressional committees a report that includes, with respect to each Critical Technology Security Center, the reports received in subsection (l). Where applicable, the Under Secretary shall include an explanation for any deviations from the list of critical technologies studied by a Center from the list of critical technologies or specific guidance relating to such technologies provided by the Director before the distribution of funding to such Center.

“(n) Consultation With Relevant Agencies.—In carrying out this section, the Under Secretary shall consult with the heads of other Federal agencies conducting cybersecurity research, including the following:

“(1) The National Institute of Standards and Technology.

“(2) The National Science Foundation.

“(3) Relevant agencies within the Department of Energy.

“(4) Relevant agencies within the Department of Defense.

“(o) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section the following:

“(1) $40,000,000 for fiscal year 2023.

“(2) $42,000,000 for fiscal year 2024.

“(3) $44,000,000 for fiscal year 2025.

“(4) $46,000,000 for fiscal year 2026.

“(5) $49,000,000 for fiscal year 2027.

“(p) Definitions.—In this section:

“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

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

“(B) the Committee on Homeland Security and Governmental Affairs of the Senate.

“(2) Covered entity.—The term ‘covered entity’ means a university or federally-funded research and development center, including a national laboratory, or a consortia thereof.

“(3) Critical technology.—The term ‘critical technology’ means technology that underpins one or more national critical functions.

“(4) Critical software.—The term ‘critical software’ has the meaning given such term by the National Institute of Standards and Technology pursuant to Executive Order 14028 or any successor provision.

“(5) Open source software.—The term ‘open source software’ means software for which the human-readable source code is made available to the public for use, study, re-use, modification, enhancement, and redistribution.

“(6) Director.—The term ‘Director’ means the Director of the Cybersecurity and Infrastructure Security Agency.”.

(b) Identification of Certain Technology.—Paragraph (1) of section 2202(e) of the Homeland Security Act of 2002 (6 U.S.C. 603(e)) is amended by adding at the end the following new subparagraph:

“(S) To identify the critical technologies (as such term is defined in section 323) or develop guidance relating to such technologies within the remits of the Critical Technology Security Centers as described in such section.”.

(c) 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:

“Sec. 323. Critical Technology Security Centers.”.

SEC. 5207. SYSTEMICALLY IMPORTANT ENTITIES.

(a) Identification of Systemically Important Entities.—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:

“SEC. 2220D. PROCEDURE FOR DESIGNATION OF SYSTEMICALLY IMPORTANT ENTITIES.

“(a) Establishment of Criteria and Procedures.—

“(1) In general.—Not later than 12 months after the date of the enactment of this section, the Secretary, acting through the Director, in consultation with the National Cyber Director, Sector Risk Management Agencies, the Critical Infrastructure Partnership Advisory Council, and, as appropriate, other government and nongovernmental entities, shall establish criteria and procedures for identifying and designating certain entities as systemically important entities for purposes of this section.

“(2) Consideration.—In establishing the criteria for designation under paragraph (1), the Secretary shall consider the following:

“(A) The consequences that a disruption to a system, asset, or facility under an entity’s control would have on one or more national critical functions.

“(B) The degree to which the entity has the capacity to engage in operational collaboration with the Agency, and the degree to which such operational collaboration would benefit national security.

“(C) The entity’s role and prominence within critical supply chains or in the delivery of critical functions.

“(D) Any other factors the Secretary determines appropriate.

“(3) Elements.—The Secretary shall develop a mechanism for owners and operators of critical infrastructure to submit information to assist the Secretary in making designations under this subsection.

“(b) Designation of Systemically Important Entities.—

“(1) In general.—The Secretary, using the criteria and procedures established under subsection (a)(1) and any supplementary information submitted under subsection (a)(3), shall designate certain entities as systemically important entities.

“(2) Notification of designation status.—The Secretary shall notify designees within 30 days of designation or dedesignation, with an explanation of the basis for such determination.

“(3) Register.—The Secretary shall maintain and routinely update a list, or register, of such entities, with contact information.

“(4) Limitations.—

“(A) In general.—The number of designated entities shall not exceed 200 in total.

“(B) Sunset.—Beginning on the date that is four years after the date of the enactment of this section, the Secretary, after consultation with the Director, may increase the number of designated entities provided—

“(i) such number does not exceed 150 percent of the prior maximum;

“(ii) the Secretary publishes such new maximum number in the Federal Register; and

“(iii) such new maximum number has not been changed in the immediately preceding four years.

“(c) Redress.—

“(1) In general.—Subject to paragraph (2), the Secretary shall develop a mechanism, consistent with subchapter II of chapter 5 of title 5, United States Code, for an entity notified under subsection (b)(2) to present evidence that the Secretary should reverse—

“(A) the designation of a facility, system, or asset as systemically important critical infrastructure;

“(B) the determination that a facility, system, or asset no longer constitutes systemically important critical infrastructure; or

“(C) a final judgment entered in a civil action seeking judicial review brought in accordance with paragraph (2).

“(2) Appeal to federal court.—A civil action seeking judicial review of a final agency action taken under the mechanism developed under paragraph (1) shall be filed in the United States District Court for the District of Columbia.

“(d) Reporting for Systemically Important Entities.—

“(1) In general.—Not later than two years after the date of the enactment of this section, the Secretary, acting through the Director, in consultation with the National Cyber Director, Sector Risk Management Agencies, the CISA Cybersecurity Advisory Committee, and relevant government and nongovernment entities, shall establish reporting requirements for systemically important entities.

“(2) Requirements.—The requirements established under subsection (a) shall directly support the Department’s ability to understand and prioritize mitigation of risks to national critical functions and ensure that any information obtained by a systemically important entity pursuant to this section is properly secured.

“(3) Reported information.—The requirements under paragraph (2) may include obligations for systemically important entities to—

“(A) identify critical assets, systems, suppliers, technologies, software, services, processes, or other dependencies that would inform the Federal Government’s understanding of the risks to national critical functions present in the entity’s supply chain;

“(B) associate specific third-party entities with the supply chain dependencies identified under subparagraph (A);

“(C) detail the supply chain risk management practices put in place by the systemically important entity, including, where applicable, any known security and assurance requirements for third-party entities under subparagraph (B); and

“(D) identify any documented security controls or risk management practices that third-party entities have enacted to ensure the continued delivery of critical services to the systemically important entity.

“(4) Duplicative requirements.—

“(A) In general.—The Secretary shall coordinate with the head of any Federal agency with responsibility for regulating the security of a systemically important entity to determine whether the reporting requirements under this subsection may be fulfilled by any reporting requirement in effect on the date of the enactment of this section or subsequently enacted after such date.

“(B) Existing required reports.—If the Secretary determines that an existing reporting requirement for a systemically important entity substantially satisfies the reporting requirements under this subsection, the Secretary shall accept such report and may not require a such entity to submit an alternate or modified report.

“(C) Coordination.—The Secretary shall coordinate with the head any Federal agency with responsibilities for regulating the security of a systemically important entity to eliminate any duplicate reporting or compliance requirements relating to the security or resiliency of such entities.

“(e) Intelligence Support to Systemically Important Entities.—

“(1) Identification of information needs.—Not later than one year after the date of the enactment of this section, the Secretary, acting through the Director, shall establish a process to solicit and compile relevant information from Sector Risk Management Agencies and any other relevant Federal agency to inform and identify common information needs and interdependencies across systemically important entities.

“(2) Interdependencies and risk identification.—In establishing the process under paragraph (1), the Secretary, acting through the Director, shall incorporate methods and procedures—

“(A) to identify the types of information needed to understand interdependence of systemically important entities and areas where a nation-state adversary may target to cause widespread compromise or disruption, including—

“(i) common technologies, including hardware, software, and services, used within systemically important entities;

“(ii) critical lines of businesses, services, processes, and functions on which multiple systemically important entities are dependent;

“(iii) specific technologies, components, materials, or resources on which multiple systemically important entities are dependent; and

“(iv) Federal, State, local, Tribal, or territorial government services, functions, and processes on which multiple systemically important entities are dependent; and

“(B) to associate specific systemically important entities with the information identified under subparagraph (A),

“(3) Information needs and indications and warning.—In establishing the process under paragraph (1), the Secretary, acting through the Director, in consultation with the Director of National Intelligence, shall incorporate methods and procedures to—

“(A) provide indications and warning to systemically important entities regarding nation-state adversary cyber operations relevant to information identified under paragraph (2)(A); and

“(B) to identify information needs for the cyber defense efforts of such entities.

“(4) Recurrent input.—Not later than 30 days after the establishment of the process under paragraph (1) and no less often than biennially thereafter, the Secretary, acting through the Director, shall solicit information from systemically important entities utilizing such process.

“(5) Intelligence sharing.—

“(A) In general.—Not later than five days after discovery of information that indicates a credible threat to an identifiable systemically important entity, the Director of National Intelligence, in coordination with the Secretary, shall share the appropriate intelligence information with such entity.

“(B) Emergency notification.—The Director of National Intelligence, in coordination with the Secretary, shall share any intelligence information related to a systemically important entity with such entity not later than 24 hours after the Director of National Intelligence determines that such information indicates an imminent threat—

“(i) to such entity, or to a system, asset, or facility such entity owns or operates; or

“(ii) to national security, economic security, or public health and safety relevant to such entity.

“(C) National security exemptions.— Notwithstanding subparagraphs (A) or (B), the Director of National Intelligence may withhold intelligence information pertaining to a systemically important entity if the Director of National Intelligence, with the concurrence of the Secretary and the Director, determines that withholding such information is in the national security interest of the United States.

“(D) Report to congress.—Not later than three years after the date of the enactment of this section and annually thereafter, the Secretary, in coordination with the National Cyber Director and the Director of National Intelligence, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Government Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate, a report that—

“(i) provides an overview of the intelligence information shared with systemically important entities; and

“(ii) evaluates the relevance and success of the classified, actionable information the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) provided to systemically important entities.

“(E) Intelligence sharing.—Notwithstanding any other provision of law, information or intelligence shared with systemically important entities under the processes established under this subsection shall not constitute favoring one private entity over another.

“(f) Prioritization.—In allocating Department resources, the Secretary shall prioritize systemically important entities in the provision of voluntary services, and encourage participation in programs to provide technical assistance in the form of continuous monitoring and detection of cybersecurity risks.

“(g) Incident Response.—In the event that a systemically important entity experiences a serious cyber incident, the Secretary shall—

“(1) promptly establish contact with such entity to acknowledge receipt of notification, obtain additional information regarding such incident, and ascertain the need for incident response or technical assistance;

“(2) maintain routine or continuous contact with such entity to monitor developments related to such incident;

“(3) assist in incident response, mitigation, and recovery efforts;

“(4) ascertain evolving needs of such entity; and

“(5) prioritize voluntary incident response and technical assistance for such covered entity.

“(h) Operational Collaboration With Systemically Important Entities.—The head of the office for joint cyber planning established pursuant to section 2216, in carrying out the responsibilities of such office with respect to relevant cyber defense planning, joint cyber operations, cybersecurity exercises, and information-sharing practices, shall, to the extent practicable, prioritize the involvement of systemically important entities.

“(i) Emergency Planning.—In partnership with systemically important entities, the Secretary, in coordination with the Director, the heads of Sector Risk Management Agencies, and the heads of other Federal agencies with responsibilities for regulating critical infrastructure, shall regularly exercise response, recovery, and restoration plans to—

“(1) assess performance and improve the capabilities and procedures of government and systemically important entities to respond to a major cyber incident; and

“(2) clarify specific roles, responsibilities, and authorities of government and systemically important entities when responding to such an incident.

“(j) Interagency Council for Critical Infrastructure Cybersecurity Coordination.—

“(1) Interagency council for critical infrastructure cybersecurity coordination.—There is established an Interagency Council for Critical Infrastructure Cybersecurity Coordination (in this section referred to as the ‘Council’).

“(2) Chairs.—The Council shall be co-chaired by—

“(A) the Secretary, acting through the Director; and

“(B) the National Cyber Director.

“(3) Membership.—The Council shall be comprised of representatives from the following:

“(A) Appropriate Federal departments and agencies, including independent regulatory agencies responsible for regulating the security of critical infrastructure, as determined by the Secretary and National Cyber Director.

“(B) Sector Risk Management Agencies.

“(C) The National Institute of Standards and Technology.

“(4) Functions.—The Council shall be responsible for the following:

“(A) Reviewing existing regulatory authorities that could be utilized to strengthen cybersecurity for critical infrastructure, as well as potential forthcoming regulatory requirements under consideration, and coordinating to ensure that any new or existing regulations are streamlined and harmonized to the extent practicable, consistent with the principles described in paragraph (5).

“(B) Developing cross-sector and sector-specific cybersecurity performance goals that serve as clear guidance for critical infrastructure owners and operators about the cybersecurity practices and postures that the American people can trust and should expect for essential services.

“(C) Facilitating information sharing and, where applicable, coordination on the development of cybersecurity policy, rulemaking, examinations, reporting requirements, enforcement actions, and information sharing practices.

“(D) Recommending to members of the council general supervisory priorities and principles reflecting the outcome of discussions among such members.

“(E) Identifying gaps in regulation that could invite cybersecurity risks to critical infrastructure, and as appropriate, developing legislative proposals to resolve such regulatory gaps.

“(F) Providing a forum for discussion and analysis of emerging cybersecurity developments and cybersecurity regulatory issues.

“(5) Principles.—In carrying out the activities under paragraph (4), the Council shall seek to harmonize regulations in a way that—

“(A) avoids duplicative, overlapping, overly burdensome, or conflicting regulatory requirements that do not effectively or efficiently serve the interests of national security, economic security, or public health and safety;

“(B) is consistent with national cyber policy and strategy, including the National Cyber Strategy;

“(C) recognizes and prioritizes the need for the Cybersecurity and Infrastructure Security Agency, as the lead coordinator for the security and resilience of critical infrastructure across all sectors, to have visibility regarding cybersecurity threats and security vulnerabilities across sectors, and leverages regulatory authorities in a manner that supports such cross-sector visibility and coordination, to the extent practicable; and

“(D) recognizes and accounts for the variation within and among critical infrastructure sectors with respect to the level of cybersecurity maturity, the nature of the infrastructure and assets, resources available to deploy security measures, and other factors.

“(6) Leveraging existing coordinating bodies.—The Council shall, as appropriate in the determination of the Co-Chairs, carry out its work in coordination with critical infrastructure stakeholders, including sector coordinating councils and information sharing and analysis organizations, and the Cyber Incident Reporting Council established pursuant to section 2246.

“(7) Congressional oversight.—Not later than one year after the date of the enactment of this section and annually thereafter, the Council shall report to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Government Affairs of the Senate, and other relevant congressional committees, on the activities of the Council, including efforts to harmonize regulatory requirements, and close regulatory gaps, together with legislative proposals, as appropriate.

“(k) Study on Performance Goals for Systemically Important Entities.—

“(1) In general.—The Council shall conduct a study to develop policy options and recommendations regarding the development of risk-based cybersecurity performance benchmarks that, if met, would establish a common minimum level of cybersecurity for systemically important entities.

“(2) Areas of interest.—The study required under paragraph (1) shall evaluate how the performance benchmarks referred to in such paragraph can be—

“(A) flexible, nonprescriptive, risk-based, and outcome-focused;

“(B) designed to improve resilience and address cybersecurity threats and security vulnerabilities while also providing an appropriate amount of discretion to operators in deciding which specific technologies or solutions to deploy;

“(C) applicable and appropriate across critical infrastructure sectors, but also adaptable and augmentable to develop tailored, sector-specific cybersecurity performance goals; and

“(D) reflective of existing industry best practices, standards, and guidelines to the greatest extent possible.

“(l) Definitions.—In this section:

“(1) Systemically important entity.—The term ‘systemically important entity’ means a critical infrastructure entity the Secretary has designated as a systemically important entity pursuant to subsection (b).

“(2) Director.—The term ‘Director’ means the Director of the Cybersecurity and Infrastructure Security Agency.

“(3) Sector risk management agency.—The term ‘Sector Risk Management Agency’ has the meaning given such term is section 2201.

“(4) National critical functions.—The term ‘national critical functions’ means functions of government or private sector so vital to the United States that the disruption, corruption, or dysfunction of such functions would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof.”.

(b) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act is amended by inserting after the item relating to section 2220C the following new item:

“Sec. 2220D. Procedure for designation of covered systemically important entities.”.

SEC. 5208. GAO REVIEW OF DEPARTMENT OF HOMELAND SECURITY EFFORTS RELATED TO ESTABLISHING SPACE AS A CRITICAL INFRASTRUCTURE SECTOR.

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review, and not later than 18 months after such date of enactment, submit to the Committee on Homeland Security, the Committee on Transportation and Infrastructure, and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the following:

(1) The actions taken by the Department of Homeland Security to evaluate the establishment of space as a critical infrastructure sector, based on the decision-support framework published in reports required pursuant to section 9002(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a(b)).

(2) The status of efforts by the Department of Homeland Security, if any, to establish space as a critical infrastructure sector.

(3) The extent to which the current 16 critical infrastructure sectors, as set forth in PPD21, cover space systems, services, and technology, and the extent to which such sectors leave coverage gaps relating to such space systems, services, and technology.

SEC. 5209. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY; CISA COMMERCIAL SATELLITE SYSTEM CYBERSECURITY CLEARINGHOUSE.

(a) Study.—

(1) In general.—The Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, including as part of any action to address the cybersecurity of critical infrastructure sectors.

(2) Report.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the study conducted under paragraph (1), which shall include information on—

(A) efforts of the Federal Government to address or improve the cybersecurity of commercial satellite systems and support related efforts with international entities or the private sector;

(B) the resources made available to the public by Federal agencies to address cybersecurity risks and cybersecurity threats to commercial satellite systems;

(C) the extent to which commercial satellite systems and the cybersecurity threats to such systems are integrated into critical infrastructure risk analyses and protection plans of the Department of Homeland Security; and

(D) the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems.

(3) Consultation.—In carrying out paragraphs (1) and (2), the Comptroller General of the United States shall coordinate with appropriate Federal agencies and organizations, including—

(A) the Department of Homeland Security;

(B) the Department of Commerce;

(C) the Department of Defense;

(D) the Department of Transportation;

(E) the Department of State;

(F) the Federal Communications Commission;

(G) the National Aeronautics and Space Administration;

(H) the National Executive Committee for Space- Based Positioning, Navigation, and Timing; and

(I) the National Space Council.

(4) Briefing.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall provide to the appropriate congressional committees a briefing relating to carrying out paragraphs (1) and (2).

(5) Classification.—The report under paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

(b) CISA Commercial Satellite System Cybersecurity Clearinghouse.—

(1) Establishment.—

(A) In general.—Not later than 180 days after the date of the enactment of this Act, the Director shall establish a commercial satellite system cybersecurity clearinghouse.

(B) Requirements.—The clearinghouse shall—

(i) be publicly available online;

(ii) contain current, relevant, and publicly available commercial satellite system cybersecurity resources, including the recommendations consolidated under paragraph

(2), and any other appropriate materials for reference by entities that develop commercial satellite systems; and

(iii) include materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems.

(C) Existing platform or website.—The Director may establish the clearinghouse on an online platform or a website that is in existence as of the date of the enactment of this Act.

(2) Consolidation of commercial satellite system cybersecurity recommendations.—

(A) In general.—The Director shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems.

(B) Requirements.—The recommendations consolidated under subparagraph (A) shall include, to the greatest extent practicable, materials addressing the following:

(i) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency.

(ii) Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident.

(iii) Protection against unauthorized access to vital commercial satellite system functions.

(iv) Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system’s command, control, or telemetry receiver systems.

(v) Protection against jamming or spoofing.

(vi) Security against threats throughout a commercial satellite system’s mission lifetime.

(vii) Management of supply chain risks that affect the cybersecurity of commercial satellite systems.

(viii) As appropriate, and as applicable pursuant to the requirement under paragraph

(1)(b)(ii) (relating to the clearinghouse containing current, relevant, and publicly available commercial satellite system cybersecurity resources), the findings and recommendations from the study conducted by the Comptroller General of the United States under subsection (a)(1).

(ix) Risks of a strategic competitor becoming dominant in the commercial satellite sector.

(x) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems.

(3) Implementation.—In implementing this subsection, the Director shall—

(A) to the extent practicable, carry out such implementation as a public-private partnership;

(B) coordinate with the heads of appropriate Federal agencies with expertise and experience in satellite operations, including the entities described in subsection (a)(3);

(C) consult with non-Federal entities developing commercial satellite systems or otherwise supporting the cybersecurity of commercial satellite systems, including private, consensus organizations that develop relevant standards; and

(D) consider entering into an agreement with a non- Federal organization to manage and operate the clearinghouse.

(c) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Homeland Security, the Committee on Space, Science, and Technology, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives; and

(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.

(2) The term “clearinghouse” means the commercial satellite system cybersecurity clearinghouse required to be developed and maintained under subsection (b)(1).

(3) The term “commercial satellite system” means a system of one or more satellites and any ground support infrastructure, and all transmission links among and between them that is owned, or operated by a non-Federal United States entity.

(4) The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).

(5) The term “cybersecurity risk” has the meaning given such term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).

(6) The term “cybersecurity threat” has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).

(7) The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency.

(8) The term “small business concern” has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

SEC. 5210. REPORTS, EVALUATIONS, AND RESEARCH REGARDING DRUG INTERDICTION AT AND BETWEEN PORTS OF ENTRY.

(a) Research on Additional Technologies to Detect Fentanyl.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Centers for Disease Control and Prevention, the Federal Drug Administration, and the Defense Advanced Research Projects Agency, shall research additional technological solutions to—

(1) target and detect illicit fentanyl and its precursors, including low-purity fentanyl, especially in counterfeit pressed tablets, and illicit pill press molds;

(2) enhance targeting of counterfeit pills through nonintrusive, noninvasive, and other visual screening technologies; and

(3) enhance data-driven targeting to increase seizure rates of fentanyl and its precursors.

(b) Evaluation of Current Technologies and Strategies in Illicit Drug Interdiction and Procurement Decisions.—

(1) In general.—The Secretary of Homeland Security, in consultation with the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Director of the Centers for Disease Control and Prevention, and the Commissioner of Food and Drugs, shall establish a program to collect available data and develop metrics to measure how technologies and strategies used by the Department, U.S. Customs and Border Protection, and other relevant Federal agencies have helped detect, deter, or address illicit fentanyl and its precursors being trafficking into the United States at and between land, air, and sea ports of entry. Such data and metrics program may consider the rate of detection at random secondary inspections at such ports of entry, investigations and intelligence sharing into the origins of illicit fentanyl later detected within the United States, and other data or metrics considered appropriate by the Secretary. The Secretary, as appropriate and in the coordination with the officials specified in this paragraph, may update such data and metrics program.

(2) Reports.—

(A) Secretary of homeland security.—Not later than one year after the date of the enactment of this Act and biennially thereafter, the Secretary of Homeland Security, the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the Postmaster General shall, based on the data collected and metrics developed pursuant to the program established under paragraph (1), submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report that—

(i) examines and analyzes current technologies deployed at land, air, and sea ports of entry, including pilot technologies, to assess how well such technologies detect, deter, and address fentanyl and its precursors;

(ii) contains a cost-benefit analysis of technologies used in drug interdiction; and

(iii) describes how such analysis may be used when making procurement decisions relating to such technologies.

(B) GAO.—Not later than one year after each report submitted pursuant to subparagraph (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 Homeland Security and Governmental Affairs of the Senate a report that evaluates and, as appropriate, makes recommendations to improve, the data collected and metrics used in each such report.

SEC. 5211. REPORT ON PUERTO RICO’S ELECTRIC GRID.

(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency (FEMA), in consultation with the Secretary of the Department of Energy and the Secretary of the Department of Housing and Urban Development, shall submit to the appropriate congressional committees a report on Puerto Rico’s progress toward rebuilding the electric grid and detailing the efforts the Federal Government is undertaking to expedite such rebuilding. The report shall contain the following:

(1) An analysis of the state of Puerto Rico’s electric grid, including the following:

(A) A list of projects in order of priority, estimated cost, and estimated time necessary for completion.

(B) An analysis of the measures taken by the Federal Government to expedite such rebuilding and the effectiveness of such measures.

(C) Information relating to the amount of funds that have been allocated and the amount of funds that have been disbursed.

(D) An analysis of how the Federal Government can provide further assistance in expediting such rebuilding.

(2) An analysis of the state of Puerto Rico’s renewable energy generation and storage capacities, including the following:

(A) A list of current and expected projects focused on renewable energy generation and storage.

(B) A report on the development of renewable energy sources in Puerto Rico, including projections for meeting renewable energy metrics established in the Puerto Rico Energy Public Policy Act (Act 17).

(C) An analysis of challenges for improving Puerto Rico’s renewable energy capacity and recommendations for addressing such challenges.

(D) An analysis of how the Federal Government can provide further assistance, including funding and legislative actions, in facilitating renewable energy development and improving Puerto Rico’s renewable energy generation and storage capacities.

(E) An analysis of the extent to which the federally funded projects to rebuild the electric grid will support an efficient transition from fossil fueled generation sources to renewable sources, in a manner that sustains reliable power supply during such transition, preserves base and peak load capacity upon completion of such transition, and prevents creation of stranded assets.

(3) Recommendations, as appropriate, for power companies and governments to reduce the number of outages and blackouts.

(4) Proposals, as appropriate, for legislative actions and funding needed to improve the process of fund disbursement for critical projects related to electric grids.

(5) A plan for expediting such rebuilding by not later than three months after the report is so submitted.

(b) Definition.—In this section, the term “appropriate congressional committees” means the Committee on Homeland Security, the Committee on Natural Resources, the Committee on Energy and Commerce, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate.

SEC. 5212. ACCESS TO MILITARY INSTALLATIONS FOR HOMELAND SECURITY INVESTIGATIONS PERSONNEL IN GUAM.

The commander of a military installation located in Guam shall grant to an officer or employee of Homeland Security Investigations the same access to such military installation (including the use of an APO or FPO box) such commander grants to an officer or employee of U.S. Customs and Border Protection or of the Federal Bureau of Investigation.

SEC. 5213. BUILDING CYBER RESILIENCE AFTER SOLARWINDS.

(a) Definitions.—In this section:

(1) Critical infrastructure.—The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).

(2) Director.—The term “Director” shall refer to the Director of the Cybersecurity and Infrastructure Security Agency.

(3) Information system.—The term “information system” has the meaning given such term in section 2240 of the Homeland Security Act of 2002 (6 U.S.C. 681).

(4) Significant cyber incident.—The term “significant cyber incident” has the meaning given such term in section 2240 of the Homeland Security Act of 2002.

(5) Solarwinds incident.—The term “SolarWinds incident” refers to the significant cyber incident that prompted the establishment of a Unified Cyber Coordination Group, as provided by section V(B)(2) of Presidential Policy Directive 41, in December 2020.

(b) SolarWinds Investigation and Report.—

(1) Investigation.—The Director, in consultation with the National Cyber Director and the heads of other relevant Federal departments and agencies, shall carry out an investigation to evaluate the impact of the SolarWinds incident on information systems owned and operated by Federal departments and agencies, and, to the extent practicable, other critical infrastructure.

(2) Elements.—In carrying out subsection (b), the Director shall review the following:

(A) The extent to which Federal information systems were accessed, compromised, or otherwise impacted by the SolarWinds incident, and any potential ongoing security concerns or consequences arising from such incident.

(B) The extent to which information systems that support other critical infrastructure were accessed, compromised, or otherwise impacted by the SolarWinds incident, where such information is available to the Director.

(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.

(D) Implementation of Executive Order 14028 (Improving the Nation’s Cybersecurity (May 12, 2021)).

(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.

(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:

(1) Findings for each of the elements specified in subsection (b).

(2) Recommendations to address security gaps, improve incident response efforts, and prevent similar cyber incidents.

(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.

(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.

SEC. 5214. CISA DIRECTOR APPOINTMENT AND TERM.

Subsection (b) of section 2202 of the Homeland Security Act of 2002 (6 U.S.C. 652) is amended—

(1) in paragraph (1), by adding at the end the following new sentence: “The Director shall be appointed by the President, by and with the advice and consent of the Senate.”;

(2) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively; and

(3) by inserting after paragraph (1) the following new paragraph:

“(2) Term.—Effective with respect to an individual appointed pursuant to paragraph (1) after the date of the enactment of this paragraph, the term of office of such an individual so appointed shall be five years. The term of office of the individual serving as the Director on the day before such date of enactment shall be five years beginning from the date on which such Director began serving.”.

SEC. 5215. DEPARTMENT OF HOMELAND SECURITY REPORT RELATING TO ESTABLISHMENT OF PRECLEARANCE FACILITY IN TAIWAN.

(a) Report.—

(1) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Commerce, shall submit to the appropriate congressional committees a report that includes an assessment of establishing a preclearance facility in Taiwan.

(2) Elements.—The assessment required under paragraph (1) shall include the following:

(A) An assessment with respect to the feasibility and advisability of establishing a CBP Preclearance facility in Taiwan.

(B) An assessment with respect to the national security, homeland security, and law enforcement benefits of establishing a CBP Preclearance facility in Taiwan.

(C) An assessment of the impacts preclearance operations in Taiwan will have with respect to—

(i) trade and travel, including impacts on passengers traveling to the United States; and

(ii) CBP staffing.

(D) Country-specific information relating to—

(i) anticipated benefits to the United States; and

(ii) security vulnerabilities associated with such preclearance operations.

(b) Definitions.—In this section—

(1) The term “appropriate congressional committees” means—

(A) the Committee on Homeland Security, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and

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

(2) The term “CBP” means U.S. Customs and Border Protection.

SEC. 5216. HUMAN TRAFFICKING TRAINING.

(a) In General.—Subtitle H of title VIII of the Homeland Security Act of 2002 is amended by inserting after section 884 (6 U.S.C. 464) the following new section:

“SEC. 884A. HUMAN TRAFFICKING TRAINING.

“(a) In General.—The Director of the Federal Law Enforcement Training Centers (FLETC) is authorized, in accordance with this section, to establish a human trafficking awareness training program within the Federal Law Enforcement Training Centers.

“(b) Training Purposes.—The human trafficking awareness training program referred to in subsection (a), shall, if established, provide to State, local, Tribal, territorial, and educational institution law enforcement personnel training courses relating to the following:

“(1) An in-depth understanding of the definition of human trafficking.

“(2) An ability to recognize indicators of human trafficking.

“(3) Information on industries and common locations known for human trafficking.

“(4) Human trafficking response measures, including a victim-centered approach.

“(5) Human trafficking reporting protocols.

“(6) An overview of Federal statutes and applicable State law related to human trafficking.

“(7) Additional resources to assist with suspected human trafficking cases, as necessary.

“(c) Integration With Existing Programs.—To the extent practicable, human trafficking awareness training, including principles and learning objectives, should be integrated into other training programs operated by the Federal Law Enforcement Training Centers.

“(d) Coordination.—The Director of FLETC, or the designee of such Director, shall coordinate with the Director of the Department’s Blue Campaign, or the designee of such Director, in the development and delivery of human trafficking awareness training programs.

“(e) Human Trafficking Defined.—In this section, the term ‘human trafficking’ means an act or practice described in paragraph (11) or

(12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

“(f) Authorization of Appropriations.—There is authorized to be appropriated $2,300,000 for each of fiscal years 2023 through 2028.”.

(b) Technical Amendment.—Subsection (a) of section 434 of the Homeland Security Act of 2002 (6 U.S.C. 242) is amended by striking “paragraph (9) or (10)” and inserting “paragraph (11) or (12)”.

(c) 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 884 the following new item:

“Sec. 884A. Human trafficking training.”.

TITLE LIII—TRANSPORTATION AND INFRASTRUCTURE MATTERS

SEC. 5301. CALCULATION OF ACTIVE SERVICE.

(a) In General.—Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following: “Sec. 2515. Calculation of active service “Any service described, including service described prior to the date of enactment of the Don Young Coast Guard Authorization Act of 2022, in writing, including by electronic communication, by a representative of the Coast Guard Personnel Service Center as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by the President as active service for purposes of applying section 2152 or section 2306 with respect to the determination of the retirement qualification for any officer or enlisted member to whom a description was provided.”.

(b) Clerical Amendment.—The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to section 2515 the following:

“2515. Calculation of active service.”.

(c) Rule of Construction.—The amendment made by subsection (a) shall apply to officers and enlisted members that—

(1) have retired from the Coast Guard before the date of enactment of this Act;

(2) voluntarily separated from service before the date of enactment of this Act; or

(3) are serving in the Coast Guard on or after the date of enactment of this Act.

SEC. 5302. ACQUISITION OF ICEBREAKER.

(a) In General.—The Commandant of the Coast Guard may acquire or procure an available icebreaker.

(b) Exemptions From Requirements.—Sections 1131, 1132, 1133, and 1171 of title 14, United States Code, shall not apply to an acquisition or procurement under subsection (a).

(c) Available Icebreaker Defined.—In this section, the term “available icebreaker” means a vessel that—

(1) is capable of—

(A) supplementing United States Coast Guard polar icebreaking capabilities;

(B) projecting United States sovereignty;

(C) carrying out the primary duty of the Coast Guard described in section 103(7) of title 14, United States Code; and

(D) collecting hydrographic, environmental, and climate data; and

(2) is documented with a coastwise endorsement under chapter 121 of title 46, United States Code.

(d) Authorization of Appropriations.—Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this Act, for fiscal year 2023 up to $150,000,000 is authorized for the acquisition or procurement of an available icebreaker.

SEC. 5303. DEPARTMENT OF DEFENSE CIVILIAN PILOTS.

(a) Eligibility for Certain Ratings.—Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise section 61.73 of title 14, Code of Federal Regulations, to ensure that a Department of Defense civilian pilot is eligible for a rating based on qualifications earned as a Department of Defense pilot, pilot instructor, or pilot examiner in the same manner that a military pilot is eligible for such a rating based on qualifications earned as a military pilot, pilot instructor, or pilot examiner.

(b) Definitions.—In this section:

(1) Department of defense civilian pilot.—

(A) In general.—The term “Department of Defense civilian pilot” means an individual, other than a military pilot, who is employed as a pilot by the Department of Defense.

(B) Exclusion.—The term “Department of Defense civilian pilot” does not include a contractor of the Department of Defense.

(2) Military pilot.—The term “military pilot” means a military pilot, as such term is used in section 61.73 of title 14, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).

SEC. 5304. PILOT PROGRAM FOR SPACEFLIGHT RECOVERY OPERATIONS AT SEA.

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

(1) the United States has the most advanced commercial space industry in the world;

(2) the United States domestic space sector creates jobs, demonstrates American global technological leadership, and is critical to the national defense; and

(3) the reliable, safe, and secure at-sea recovery of spaceflight components is necessary to sustain and further develop the commercial space enterprise, which is of vital importance to the national and economic security of the United States.

(b) Establishment.—

(1) In general.—Not later than 30 days after the date of enactment of this Act, the Secretary shall establish and conduct a pilot program to oversee the operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels or platforms by eligible entities to—

(A) better understand the complexities of such operation and monitoring and potential risks to navigation safety and maritime workers;

(B) gather observational and performance data from monitoring the use of remotely-controlled or unmanned spaceflight recovery vessels and platforms; and

(C) assess and evaluate regulatory alternatives to guide the development of routine operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels and platforms.

(2) Requirements.—In conducting the pilot program established under this section, the Secretary shall—

(A) ensure that authority provided under this section is necessary to ensure the life and safety of licensed and unlicensed maritime workers and other non- vessel operating personnel involved during operations regulated under this section; and

(B) consider experience and knowledge gained pursuant to implementation of the pilot program authorized under section 8343 of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (46 U.S.C. 70034 note).

(c) Authorized Activities.—

(1) In general.—In conducting the pilot program under this section, the Secretary may allow an eligible entity to—

(A) carry out remote over-the-horizon monitoring operations related to the active recovery of spaceflight components at sea on a remotely-controlled or unmanned spaceflight recovery vessel or platform;

(B) develop procedures for the operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels or platforms;

(C) carry out unmanned spaceflight recovery vessel transits and testing operations without a physical tow line; and

(D) carry out any other activities the Secretary determines to be in the interest of furthering the development of operations to recover spaceflight components at sea, including the use of remotely- controlled or unmanned vessels specifically designed, built, and used for domestic spaceflight recovery operations.

(2) Prohibition.—In conducting the pilot program under this section, the Secretary may not allow an eligible entity to operate a remotely-controlled or unmanned spaceflight recovery vessel without a physical tow line within 12 nautical miles of a port.

(d) Interim Authority.—In recognition of potential risks to navigation safety and unique circumstances requiring the use of remotely operated or unmanned spaceflight recovery vessels or platforms for recovery of spaceflight components at sea, and in carrying out the pilot program under this section, the Secretary is authorized to—

(1) allow such recovery operations to proceed consistent with the authorities of the Secretary under navigation and manning laws and regulations; and

(2) modify applicable regulations and guidance as the Secretary considers appropriate to—

(A) allow the recovery of spaceflight components at sea to occur while ensuring navigation safety in recovery areas; and

(B) ensure the reliable, safe, and secure operation of remotely controlled or unmanned spaceflight recovery vessels and platforms.

(e) Duration.—The pilot program established under this section shall terminate on the day that is 5 years after the date on which the pilot program is established.

(f) Prohibition on Rulemaking.—

(1) In general.—During the covered period, and except as provided in paragraph (2), the Secretary may not propose, issue, or implement a rule regarding the integration of automated and autonomous commercial vessels and vessel technologies, including artificial intelligence, into the United States maritime transportation system.

(2) Non-application.—The prohibition authorized under paragraph (1) shall not apply to a rule that is—

(A) related to activities carried out under this section; and

(B) initiated due to a matter of national security, an emergency, or to prevent the imminent loss of life and property at sea.

(3) Covered period defined.—In this subsection, the term “covered period” means the period beginning on the date of enactment of this Act and ending on the later of—

(A) the date on which the International Maritime Organization adopts a regulatory regime including international standards to govern the use and operation of automated and autonomous commercial vessels and vessel technologies for commercial waterborne transportation; or

(B) the date on which the pilot program terminates under subsection (e).

(g) Briefings.—Upon the request of the Committee on Transportation and Infrastructure of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate, the Commandant of the Coast Guard shall brief either such committee on the pilot program established under this section.

(h) Report.—Not later than 180 days after the termination of the pilot program under subsection (e), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a final report describing the execution of such pilot program and recommendations for maintaining navigation safety and the safety of maritime workers in spaceflight recovery areas.

(i) Rule of Construction.—Nothing in this section may be construed to authorize the employment in the coastwise trade of a vessel or platform that does not meet the requirements of sections 12112, 55102, 55103, or 55111 of title 46, United States Code.

(j) Definitions.—In this section:

(1) Eligible entity.—The term “eligible entity” means any company engaged in the recovery of spaceflight components at sea.

(2) Secretary.—The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.

SEC. 5305. PORT INFRASTRUCTURE DEVELOPMENT GRANTS.

(a) In General.—From amounts appropriated for port infrastructure development grants under section 54301(a) of title 46, United States Code, after the date of enactment of this Act for each of fiscal years 2023 through 2027, the Secretary of Transportation shall treat a project described in subsection (b) as an eligible project under section 54301(a)(3) of such title for purposes of making grants under section 54301(a) of such title.

(b) Project Described.—A project described in this subsection is a project to provide shore power at a port that services passenger vessels described in section 3507(k) of title 46, United States Code.

SEC. 5306. PRELIMINARY DAMAGE ASSESSMENT.

(a) Findings.—Congress finds the following:

(1) Preliminary damage assessments play a critical role in assessing and validating the impact and magnitude of a disaster.

(2) Through the preliminary damage assessment process, representatives from the Federal Emergency Management Agency validate information gathered by State and local officials that serves as the basis for disaster assistance requests.

(3) Various factors can impact the duration of a preliminary damage assessment and the corresponding submission of a major disaster request, however, the average time between when a disaster occurs, and the submission of a corresponding disaster request has been found to be approximately twenty days longer for flooding disasters.

(4) With communities across the country facing increased instances of catastrophic flooding and other extreme weather events, accurate and efficient preliminary damage assessments have become critically important to the relief process for impacted States and municipalities.

(b) Report to Congress.—

(1) In general.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report describing the preliminary damage assessment process, as supported by the Federal Emergency Management Agency in the 5 years before the date of enactment of this Act.

(2) Contents.—The report described in paragraph (1) shall contain the following:

(A) The process of the Federal Emergency Management Agency for deploying personnel to support preliminary damage assessments.

(B) The number of Agency staff participating on disaster assessment teams.

(C) The training and experience of such staff described in subparagraph (B).

(D) A calculation of the average amount of time disaster assessment teams described in subparagraph (A) are deployed to a disaster area.

(E) The efforts of the Agency to maintain a consistent liaison between the Agency and State, local, tribal, and territorial officials within a disaster area.

(c) Preliminary Damage Assessment.—

(1) In general.—Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall convene an advisory panel consisting of emergency management personnel employed by State, local, territorial, or tribal authorities, and the representative organizations of such personnel to assist the Agency in improving critical components of the preliminary damage assessment process.

(2) Membership.—

(A) In general.—This advisory panel shall consist of at least 2 representatives from national emergency management organizations and at least 1 representative from each of the 10 regions of the Federal Emergency Management Agency, selected from emergency management personnel employed by State, local, territorial, or tribal authorities within each region.

(B) Inclusion on panel.—To the furthest extent practicable, representation on the advisory panel shall include emergency management personnel from both rural and urban jurisdictions.

(3) Considerations.—The advisory panel convened under paragraph (1) shall—

(A) consider—

(i) establishing a training regime to ensure preliminary damage assessments are conducted and reviewed under consistent guidelines;

(ii) utilizing a common technological platform to integrate data collected by State and local governments with data collected by the Agency; and

(iii) assessing instruction materials provided by the Agency for omissions of pertinent information or language that conflicts with other statutory requirements; and

(B) identify opportunities for streamlining the consideration of preliminary damage assessments by the Agency, including eliminating duplicative paperwork requirements and ensuring consistent communication and decision making among Agency staff.

(4) Interim report.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report regarding the findings of the advisory panel, steps that will be undertaken by the Agency to implement the findings of the advisory panel, and additional legislation that may be necessary to implement the findings of the advisory panel.

(5) Rulemaking and final report.—Not later than 2 years after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement the recommendations of the advisory panel and submit to Congress a report discussing—

(A) the implementation of recommendations from the advisory panel;

(B) the identification of any additional challenges to the preliminary damage assessment process, including whether specific disasters result in longer preliminary damage assessments; and

(C) any additional legislative recommendations necessary to improve the preliminary damage assessment process.

SEC. 5307. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

(a) In General.—Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d) is amended—

(1) by striking “and” at the end of paragraph (2);

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

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

“(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including—

“(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis;

“(B) the disaster impacted population profile, as reported by the Bureau of the Census, including—

“(i) the percentage of the population for whom poverty status is determined;

“(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits;

“(iii) the pre-disaster unemployment rate;

“(iv) the percentage of the population that is 65 years old and older;

“(v) the percentage of the population 18 years old and younger;

“(vi) the percentage of the population with a disability;

“(vii) the percentage of the population who speak a language other than English and speak English less than ‘very well’; and

“(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State’s request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph;

“(C) the impact to community infrastructure, including—

“(i) disruptions to community life-saving and life-sustaining services;

“(ii) disruptions or increased demand for essential community services; and

“(iii) disruptions to transportation, infrastructure, and utilities; and

“(D) any other information relevant to demonstrate severe local impacts.”.

(b) Gao Review of a Final Rule.—

(1) In general.—The Comptroller General shall conduct a review of the Federal Emergency Management Agency’s implementation of its final rule, published on March 21, 2019, amending section 206.48(b) of title 44, Code of Federal Regulations (regarding factors considered when evaluating a Governor’s request for a major disaster declaration), which revised the factors that the Agency considers when evaluating a Governor’s request for a major disaster declaration authorizing individual assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq).

(2) Scope.—The review required under paragraph (1) shall include the following:

(A) An assessment of the criteria used by the Agency to assess individual assistance requests following a major disaster declaration authorizing individual assistance.

(B) An assessment of the consistency with which the Agency uses the updated Individual Assistance Declaration Factors when assessing the impact of individual communities after a major disaster declaration.

(C) An assessment of the impact, if any, of using the updated Individual Assistance Declaration Factors has had on equity in disaster recovery outcomes.

(D) Recommendations to improve the use of the Individual Assistance Declaration Factors to increase equity in disaster recovery outcomes.

(3) Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section.

SEC. 5308. FLEXIBILITY.

(a) In General.—Section 1216(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended—

(1) by amending paragraph (2)(A) to read as follows:

“(A) except as provided in subparagraph (B), shall—

“(i) waive a debt owed to the United States related to covered assistance provided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and

“(ii) waive a debt owed to the United States related to covered assistance provided to an individual or household if such assistance is subject to a claim or legal action, including in accordance with section 317 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5160); and”; and

(2) in paragraph (3)(B)—

(A) by striking “Removal of” and inserting “Report on”; and

(B) in clause (ii) by striking “the authority of the Administrator to waive debt under paragraph (2) shall no longer be effective” and inserting “the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate”.

(b) Report to Congress.—The Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing a description of the internal processes used to make decisions regarding the distribution of covered assistance under section 1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C. 5174a) and any changes made to such processes.

SEC. 5309. MENSTRUAL PRODUCTS IN PUBLIC BUILDINGS.

(a) Requirement.—Each appropriate authority shall ensure that menstrual products are stocked in, and available free of charge in, each covered restroom in each covered public building under the jurisdiction of such authority.

(b) Definitions.—In this section:

(1) Appropriate authority.—The term “appropriate authority” means the head of a Federal agency, the Architect of the Capitol, or other official authority responsible for the operation of a covered public building.

(2) Covered public building.—The term “covered public building” means a public building, as defined in section 3301 of title 40, United States Code, that is open to the public and contains a public restroom, and includes a building listed in section 6301 or 5101 of such title.

(3) Covered restroom.—The term “covered restroom” means a restroom in a covered public building, except for a restroom designated solely for use by men.

(4) Menstrual products.—The term “menstrual products” means sanitary napkins and tampons that conform to applicable industry standards.

SEC. 5310. FLY AMERICA ACT EXCEPTION.

Section 40118 of title 49, United States Code, is amended by adding at the end the following:

“(h) Certain Transportation of Domestic Animals.—

“(1) In general.—Notwithstanding subsections (a) and (c), an appropriation to any department, agency, or instrumentality of the United States Government may be used to pay for the transportation of a Peace Corps volunteer or an officer, employee, or member of the uniformed services of any such department, agency, or instrumentality, a dependent of the Peace Corps volunteer, officer, employee, or member, and in- cabin or accompanying checked baggage, by a foreign air carrier when—

“(A) the transportation is from a place—

“(i) outside the United States to a place in the United States;

“(ii) in the United States to a place outside the United States; or

“(iii) outside the United States to another place outside the United States; and

“(B) no air carrier holding a certificate under section 41102 is willing and able to transport up to three domestic animals accompanying such Peace Corps volunteer, officer, employee, member, or dependent.

“(2) Limitation.—An amount paid pursuant to paragraph (1) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the Peace Corps volunteer, officer, employee, member may pay the difference of such amount.

“(3) Definition.—In this subsection:

“(A) Domestic animal.—The term ‘domestic animal’ means a dog or a cat.

“(B) Peace corps volunteer.—The term ‘Peace Corps volunteer’ means an individual described in section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)).”.

SEC. 5311. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.

(a) In General.—Not later than 2 years after the date of enactment of this Act, the Commandant of the Coast Guard shall, subject to the availability of appropriations, establish a pilot program to improve the issuance of alerts to facilitate cooperation with the public to render aid to distressed individuals under section 521 of title 14, United States Code.

(b) Pilot Program Contents.—The pilot program established under subsection (a) shall, to the maximum extent possible—

(1) include a voluntary opt-in program under which members of the public may receive notifications on cellular devices regarding Coast Guard activities to render aid to distressed individuals under section 521 of title 14, United States Code;

(2) cover areas located within the area of responsibility of 3 different Coast Guard sectors in diverse geographic regions; and

(3) provide that the dissemination of an alert be limited to the geographic areas most likely to facilitate the rendering of aide to distressed individuals.

(c) Consultation With Other Agencies, States, Territories, and Political Subdivisions.—In developing the pilot program under subsection (a), the Commandant shall consult any relevant Federal agency, State, Territory, Tribal government, possession, or political subdivision.

(d) Report to Congress.—Not later than 2 years after the date of enactment of this Act, and annually thereafter through 2026, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make available to the public, a report on the implementation of this Act.

(e) Authorization of Appropriations.—

(1) In general.—There is authorized to be appropriated to carry out this Act $3,000,000 to the Commandant for each of fiscal years 2023 through 2026.

(2) Availability of funds.—Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

SEC. 5312. RECOGNIZING FEMA SUPPORT.

Congress finds the following:

(1) The Federal Emergency Management Agency provides vital support to communities and disaster survivors in the aftermath of major disasters, including housing assistance for individuals and families displaced from their homes.

(2) The Federal Emergency Management Agency should be encouraged to study the idea integrating collapsible shelters for appropriate non-congregate sheltering needs into the disaster preparedness stockpile.

SEC. 5313. DEFINITIONS.

Section 101(a) of title 23, United States Code, is amended—

(1) by redesignating paragraphs (33), (34), (35), and (36) as paragraphs (34), (35), (36), and (37), respectively; and

(2) by inserting after paragraph (32) the following:

“(33) Transportation demand management.—The term ‘transportation demand management’ means the use of strategies to inform and encourage travelers to maximize the efficiency of a transportation system, leading to improved mobility, reduced congestion, and lower vehicle emissions, including strategies that use planning, programs, policies, marketing, communications, incentives, pricing, data, and technology.”.

SEC. 5314. PERMITTING USE OF HIGHWAY TRUST FUND FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.

(a) In General.—Section 339(b) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note) is amended to read as follows:

“(1) General rule.—No funds made available out of the Highway Trust Fund may be used to construct a Type II noise barrier (as defined by section 772.5 of title 23, Code of Federal Regulations) pursuant to subsections (h) and (i) of section 109 of title 23, United States Code.

“(2) Exceptions.—Paragraph (1) shall not apply to construction or preservation of a Type II noise barrier if such a barrier—

“(A) was not part of a project approved by the Secretary before November 28, 1995;

“(B) is proposed along lands that were developed or were under substantial construction before approval of the acquisition of the rights-of-ways for, or construction of, the existing highway; or

“(C) as determined and applied by the Secretary, separates a highway or other noise corridor from a group of structures of which the majority of such structures closest to the highway or noise corridor—

“(i) are residential in nature; and

“(ii) are at least 10 years old as of the date of the proposal of the barrier project.”.

(b) Eligibility for Surface Transportation Block Grant Funds.— Section 133 of title 23, United States Code, is amended—

(1) in subsection (b) by adding at the end the following:

“(25) Planning, design, preservation, or construction of a Type II noise barrier (as described in section 772.5 of title 23, Code of Federal Regulations) and consistent with the requirements of section 339(b) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note).”; and

(2) in subsection (c)(2) by striking “and paragraph (23)” and inserting “, paragraph (23), and paragraph (25)”.

(c) Multipurpose Noise Barriers.—

(1) In general.—The Secretary of Transportation shall ensure that a noise barrier constructed or preserved under section 339(b) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note) or with funds made available under title 23, United States Code, may be a multipurpose noise barrier.

(2) State approval.—A State, on behalf of the Secretary, may approve accommodation of a secondary beneficial use on a noise barrier within a right-of-way on a Federal-aid highway.

(3) Definitions.—In this subsection:

(A) Multipurpose noise barrier.—The term “multipurpose noise barrier” means any noise barrier that provides a secondary beneficial use, including a barrier that hosts or accommodates renewable energy generation facilities, electrical transmission and distribution infrastructure, or broadband infrastructure and conduit.

(B) Secondary beneficial use.—The term “secondary beneficial use” means an environmental, economic, or social benefit in addition to highway noise mitigation.

(d) Aesthetics.—A project sponsor constructing or preserving a noise barrier under section 339(b) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note) or with funds made available under title 23, United States Code, shall consider the aesthetics of the proposed noise barrier, consistent with latest version of the Noise Barrier Design Handbook published by the Federal Highway Administration of the Department of Transportation.

SEC. 5315. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION.

(a) Establishment.—Section 15301(a) of title 40, United States Code, is amended by adding at the end the following:

“(4) The Southern New England Regional Commission.”.

(b) Designation of Region.—

(1) In general.—Subchapter II of chapter 157 of such title is amended by adding at the end the following: “Sec. 15734. Southern New England Regional Commission “The region of the Southern New England Regional Commission shall include the following counties:

“(1) Rhode island.—Each county in the State of Rhode Island.

“(2) Connecticut.—The counties of Hartford, New Haven, Windham, Tolland, Middlesex, and New London in the State of Connecticut.

“(3) Massachusetts.—The counties of Hampden, Plymouth, Barnstable, Essex, Worcester, and Bristol in the State of Massachusetts.”.

(2) Technical and conforming amendment.—The analysis for Subchapter II of chapter 157 of such title is amended by adding at the end the following:

“15734. Southern New England Regional Commission.”.

(c) Authorization of Appropriations.—The authorization of appropriations in section 15751 of title 40, United States Code, shall apply with respect to the Southern New England Regional Commission beginning with fiscal year 2023.

SEC. 5316. CRITICAL DOCUMENT FEE WAIVER.

Section 1238(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174b) is amended—

(1) in paragraph (2), by striking “applies regardless” and inserting “and the requirement of the President to waive fees under paragraph (4) apply regardless”;

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

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

“(4) Mandatory automatic waiver.—The President, in consultation with the Governor of a State, shall automatically provide a fee waiver described in paragraph (1) to an individual or household that has been adversely affected by a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)—

“(A) for which the President provides assistance to individuals and households under section 408 of that Act (42 U.S.C. 5174); and

“(B) that destroyed a critical document described in paragraph (1) of the individual or household.”.

SEC. 5317. DISADVANTAGED BUSINESS ENTERPRISES.

Section 11101(e)(2)(A) of the Infrastructure Investment and Jobs Act (Public Law 117-58) is amended to read as follows:

“(A) Small business concern.—The term ‘small business concern’ means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).”.

SEC. 5318. SECRETARY OF AGRICULTURE REPORT ON IMPROVING SUPPLY CHAIN SHORTFALLS AND INFRASTRUCTURE NEEDS AT WHOLESALE PRODUCE MARKETS.

(a) In General.—Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the appropriate congressional committees a report on—

(1) the 5 largest wholesale produce markets by annual sales and volume over the preceding 4 calendar years; and

(2) a representative sample of 8 wholesale produce markets that are not among the largest wholesale produce markets.

(b) Contents.—The report under subsection (a) shall contain the following:

(1) An analysis of the supply chain shortfalls in each wholesale produce market identified under subsection (a), which shall include an analysis of the following:

(A) State of repair of infrastructure, including roads, food storage units, and refueling stations.

(B) Sustainability infrastructure, including the following:

(i) Carbon emission reduction technology.

(ii) On-site green refueling stations.

(iii) Disaster preparedness.

(C) Disaster preparedness, including with respect to cyber attacks, weather events, and terrorist attacks.

(D) Disaster recovery systems, including coordination with State and Federal agencies.

(2) A description of any actions the Secretary recommends be taken as a result of the analysis under paragraph (1).

(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).

(4) Proposals, as appropriate, for legislative actions and funding needed to improve the supply chain shortfalls.

(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.

(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.

SEC. 5319. REPORT ON IMPROVING COUNTERTERRORISM SECURITY AT PASSENGER RAIL STATIONS.

(a) In General.—Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Secretary, in consultation with the Secretary of Transportation and State, local, Tribal, and territorial governments, passenger rail station owners and operators, State and local transportation entities, and other agencies or stakeholders as determined appropriate by the Secretary, shall submit to the appropriate congressional committees a report on the 5 largest passenger rail stations by annual ridership and a representative sample of 8 other-sized passenger rail stations that contains the following:

(1) An analysis of the effectiveness of counterterrorism measures implemented in each passenger rail station to include prevention systems, including—

(A) surveillance systems, including cameras, and physical law enforcement presence;

(B) response systems including—

(i) evacuation systems to allow passengers and workers to egress the stations, mezzanines, and rail cars;

(ii) fire safety measures, including ventilation and fire suppression systems; and

(iii) public alert systems; and

(C) recovery systems, including coordination with State and Federal agencies.

(2) A description of any actions taken as a result of the analysis conducted under paragraph (1).

(3) Recommendations, as appropriate, for passenger rail station owners and operators, and State and local transportation entities to improve counterterrorism measures outlined in paragraph (1).

(4) Proposals, as appropriate, for legislative actions and funding needed to improve counterterrorism measures.

(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.

(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.

SEC. 5320. EXTREME WEATHER EVENTS.

(a) Definitions.—

(1) In general.—Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended—

(A) by amending subsection (a) to read as follows:

“(a) Definition of Underserved Community.—In this section, the term ‘underserved community’ means a community, or a neighborhood within a community, that—

“(1) is classified as high risk according to census tract risk ratings derived from a product that—

“(A) is maintained under a natural hazard assessment program;

“(B) is available to the public;

“(C) defines natural hazard risk across the United States;

“(D) reflects high levels of individual hazard risk ratings;

“(E) reflects high social vulnerability ratings and low community resilience ratings;

“(F) reflects the principal natural hazard risks identified for the respective census tracts; and

“(G) any other elements determined by the President.

“(2) is comprised of 50,000 or fewer individuals and is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President; or

“(3) is otherwise determined by the President based on factors including, high housing cost burden and substandard housing, percentage of homeless population, limited water and sanitation access, demographic information such as race, age, and disability, language composition, transportation access or type, disproportionate environmental stressor burden, and disproportionate impacts from climate change.”;

(B) in subsection (g)(9) by striking “small impoverished communities” and inserting “underserved communities”; and

(C) in subsection (h)(2)—

(i) in the heading by striking “Small impoverished communities” and inserting “Underserved communities”; and

(ii) by striking “small impoverished community” and inserting “underserved community”.

(2) Applicability.—The amendments made by subsection (a) shall apply with respect to any amounts appropriated on or after the date of enactment of this Act.

(b) Guidance on Extreme Temperature Events.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Administration shall issue guidance related to extreme temperature events, including heat waves and freezes, and publish such guidance in the Federal Emergency Management Administration Public Assistance Program and Policy Guide.

(c) Hazard Mitigation Plans.—Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) is amended—

(1) in subsection (a) by striking the period at the end and inserting “, including—

“(1) identifying the extent to which resilience is or will be incorporated into other planning processes, including community land use, economic development, capital improvement budgets and transportation planning processes;

“(2) goals and objectives related to increasing resilience over a 5-year period, including benchmarks for future work and an assessment of past progress;

“(3) the building codes in existence at the time the plan is submitted and standards that are in use by the State for all manner of planning or development purposes and how the State has or will comply with the standards set forth in section 406(e)(1)(A);

“(4) the use of nature-based solutions or other mitigation activities that conserve or restore natural features that can serve to abate or lessen the impacts of future disasters;

“(5) integration of each local mitigation plan with the State, Indian Tribe, or territory plan; and

“(6) the disparate impacts on underserved communities (as such term is defined in section 203(a)) and plans to address any disparities.”; and

(2) by adding at the end the following:

“(f) Guidance.—The Administrator of the Federal Emergency Management Agency shall issue specific guidance on resilience goals and provide technical assistance for States, Indian Tribes, territories, and local governments to meet such goals.

“(g) Adequate Staffing.—The Administrator of the Federal Emergency Management Agency shall ensure that ample staff are available to develop the guidance and technical assistance under section 322, including hazard mitigation planning staff and personnel with expertise in community planning, land use development, and consensus based codes and hazard resistant designs at each regional office that specifically focus on providing financial and non-financial direct technical assistance to States, Indian Tribes, and territories.

“(h) Reporting.—Not less frequently than every 5 years, the Administrator shall submit to Congress a report on the progress of meeting the goals under this section.”.

(d) Additional Uses of Funds.—Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended by adding at the end the following:

“(k) Additional Uses of Funds.—For State and local governments that have exceeded, adopted, or are implementing the latest two published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities, a recipient of assistance provided under this paragraph may use such assistance in a manner consistent with the standards set forth in clauses (ii) and

(iii) of section 406(e)(1)(A).”.

(e) Collaboration With Other Agencies.—In awarding grants under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Administrator of the Federal Emergency Management Agency may coordinate with other relevant agencies, including the Environmental Protection Agency, the Department of Energy, the Department of Transportation, the Corps of Engineers, the Department of Agriculture, and the Department of Housing and Urban Development, as necessary, to improve collaboration for eligible activities under the Act.

(f) GAO Reports.—

(1) Extreme temperature events.—Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall evaluate and issue to Congress and the Federal Emergency Management Agency a report regarding the impacts of extreme temperatures events on communities, the challenges posed to the Federal Emergency Management Agency in addressing extreme temperature events, and recommendations for the Federal Emergency Management Agency to better provide assistance to communities experiencing extreme temperature events. The report may also include examples of specific mitigation and resilience projects that communities may undertake, and the Federal Emergency Management Agency may consider, to reduce the impacts of extreme temperatures on and within building structures, participatory processes that allow for public engagement in determining and addressing local risks and vulnerabilities related to extreme temperatures events, and community infrastructure, including heating or cooling shelters.

(2) Smoke and indoor air quality.—Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General shall evaluate and issue to Congress and the Federal Emergency Management Agency a report regarding the impacts of wildfire smoke and poor indoor air quality, the challenges posed to Federal Emergency Management Agency in addressing wildfire smoke and indoor air quality, and recommendations for the Federal Emergency Management Agency to better provide assistance to communities and individuals in dealing with wildfire smoke and indoor air quality.

(g) Report Congress and Update of Cost Effectiveness Determinations and Declarations.—

(1) Report.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in coordination with the Director of the Office of Management and Budget, shall submit to Congress a report regarding the challenges posed by the Agency’s requirements for declaring an incident or determining the cost effectiveness of mitigation activities and specifically how such requirements may disproportionately burden small impoverished communities, or specific vulnerable populations within communities.

(2) Update of cost effectiveness determination.—Not later than 5 years after the date of enactment of this Act, the Administrator, to the extent practicable, shall update the requirements for determining cost effectiveness and declaring incidents, including selection of appropriate interest rates, based on the findings made under subsection (a).

SEC. 5321. SAFETY STANDARDS.

(a) In General.—Section 4502 of title 46, United States Code, is amended—

(1) in subsection (i)(4) by striking “each of fiscal years 2018 through 2021” and inserting “fiscal year 2023”; and

(2) in subsection (j)(4) by striking “each of fiscal years 2018 through 2021” and inserting “fiscal year 2023”.

(b) Authorization of Appropriations.—Section 9 of the Maritime Debris Act (33 U.S.C. 1958) is amended—

(1) in subsection (a) by striking “each of fiscal years 2018 through 2021” and inserting “fiscal year 2023”; and

(2) in subsection (b) by striking “2702(1)” and inserting “4902(1)”.

SEC. 5322. EXTENSION.

Section 1246 of the Disaster Recovery Reform Act of 2018 is amended—

(1) by striking “3 years” and inserting “4 \1/2\ years”; and

(2) by inserting “and every 3 months thereafter,” before “the Administrator shall submit”.

SEC. 5323. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE TRAINING AND EDUCATION.

(a) In General.—Section 51706 of title 46, United States Code, is amended—

(1) by striking subsection (a) and inserting the following:

“(a) Designation.—The Secretary of Transportation may designate a covered training entity as a center of excellence for domestic maritime workforce training and education.”;

(2) by striking subsection (b) and inserting the following:

“(b) Grant Program.—

“(1) In general.—The Secretary may award maritime career training grants to centers of excellence designated under subsection (a) for the purpose of developing, offering, or improving educational or career training programs for American workers related to the United States maritime industry.

“(2) Required information.—To receive a grant under this subsection, a center of excellence designated under subsection

(a) shall submit to the Secretary a grant proposal that includes a detailed description of—

“(A) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to United States maritime industry workers;

“(B) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of United States maritime industry workers;

“(C) any previous experience of the center of excellence in providing United States maritime industry educational or career training programs;

“(D) how the grant would address shortcomings in existing educational and career training opportunities available to United States maritime industry workers; and

“(E) the extent to which employers, including small and medium-sized firms, have demonstrated a commitment to employing United States maritime industry workers who would benefit from the project for which the grant proposal is submitted.

“(3) Criteria for award of grants.—Subject to the appropriation of funds, the Secretary shall award a grant under this subsection based on—

“(A) a determination of the merits of the grant proposal submitted by the center of excellence designated under subsection (a) to develop, offer, or improve educational or career training programs to be made available to United States maritime industry workers;

“(B) an evaluation of the likely employment opportunities available to United States maritime industry workers who complete a maritime educational or career training program that the center of excellence designated under subsection (a) proposes to develop, offer, or improve; and

“(C) an evaluation of prior demand for training programs by workers served by the centers of excellence designated under subsection (a) as well as the availability and capacity of existing maritime training programs to meet future demand for training programs.

“(4) Competitive awards.—

“(A) In general.—The Secretary shall award grants under this subsection to a center of excellence designated under subsection (a) on a competitive basis.

“(B) Timing of grant notice.—The Secretary shall post a Notice of Funding Opportunity regarding grants awarded under this subsection not more than 90 days after the date of enactment of the appropriations Act for the fiscal year concerned.

“(C) Timing of grants.—The Secretary shall award grants under this subsection not later than 270 days after the date of the enactment of the appropriations Act for the fiscal year concerned.

“(D) Reuse of unexpended grant funds.— Notwithstanding subparagraph (C), amounts awarded as a grant under this subsection that are not expended by the grantee shall remain available to the Administrator for use for grants under this subsection.

“(E) Administrative costs.—Not more than 3 percent of amounts made available to carry out this subsection may be used for the necessary costs of grant administration.

“(F) Prohibited use.—A center of excellence designated under subsection (a) that has received funds awarded under section 54101(a)(2) for training purposes shall not be eligible for grants under this subsection in the same fiscal year.

“(5) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $30,000,000.”; and

(3) in subsection (c)—

(A) by striking paragraph (1) and inserting the following:

“(1) Covered training entity.—The term ‘covered training entity’ means an entity that—

“(A) is located in a State that borders on the—

“(i) Gulf of Mexico;

“(ii) Atlantic Ocean;

“(iii) Long Island Sound;

“(iv) Pacific Ocean;

“(v) Great Lakes; or

“(vi) Mississippi River System; and

“(B) is—

“(i) a postsecondary educational institution (as such term is defined in section 3 (39) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302));

“(ii) a postsecondary vocational institution (as such term is defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c));

“(iii) a public or private nonprofit entity that offers 1 or more other structured experiential learning training programs for American workers in the United States maritime industry, including a program that is offered by a labor organization or conducted in partnership with a nonprofit organization or 1 or more employers in the United States maritime industry;

“(iv) an entity sponsoring an apprenticeship program registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or

“(v) a maritime training center designated prior to the date of enactment of the National Defense Authorization Act for Fiscal Year 2023.”; and

(B) by adding at the end the following:

“(3) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.

“(4) United states maritime industry.—The term ‘United States maritime industry’ means the design, construction, repair, operation, manning, and supply of vessels in all segments of the maritime transportation system of the United States, including—

“(A) the domestic and foreign trade;

“(B) the coastal, offshore, and inland trade, including energy activities conducted under the Outer Continental Shelf Lands Act(43 U.S.C. 1331 et seq.);

“(C) non-commercial maritime activities, including—

“(i) recreational boating; and

“(ii) oceanographic and limnological research as described in section 2101(24).”.

(b) Public Report.—Not later than December 15 in each of calendar years 2022 through 2024, the Secretary of Transportation shall make available on a publicly available website a report and provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

(1) describing each grant awarded under this subsection during the preceding fiscal year; and

(2) assessing the impact of each award of a grant under this subsection in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers receiving training.

(c) Guidelines.—Not later than 1 year after the date of enactment of this Act, the Secretary shall—

(1) promulgate guidelines for the submission of grant proposals under section 51706(b) of title 46, United States Code (as amended by this section); and

(2) publish and maintain such guidelines on the website of the Department of Transportation.

(d) Assistance for Small Shipyards.—Section 54101(e) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following:

“(2) Allocation of funds.—

“(A) In general.—The Administrator may not award more than 25 percent of the funds appropriated to carry out this section for any fiscal year to any small shipyard in one geographic location that has more than 600 employees.

“(B) Ineligibility.—A maritime training center that has received funds awarded under this section 51706 of title 46, United States Code, shall not be eligible for grants under this subsection for training purposes in the same fiscal year.”.

SEC. 5324. DUPLICATION OF BENEFITS.

Section 312(b)(4) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b)(4)) is amended by adding at the end the following:

“(D) Limitation on use of income criteria.—In carrying out subparagraph (A), the President may not impose additional income criteria on a potential grant recipient who has accepted a qualified disaster loan in determining eligibility for duplications of benefit relief.”.

SEC. 5325. FLIGHT INSTRUCTION OR TESTING.

(a) In General.—An authorized flight instructor providing student instruction, flight instruction, or flight training shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.

(b) Authorized Additional Pilots.—An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in Federal Aviation Administration regulations and policy in effect as of the date of enactment of this section, shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.

(c) Use of Aircraft.—An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) or (b) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.

(d) Revision of Rules.—The requirements of this section shall become effective upon the date of enactment. The Administrator of the Federal Aviation Administration shall issue, revise, or repeal the rules, regulations, guidance, or procedures of the Federal Aviation Administration to conform to the requirements of this section.

SEC. 5326. HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.

(a) In General.—Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following:

“SEC. 219. HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.

“(a) Definitions.—In this section:

“(1) Broadband project.—The term ‘broadband project’ means, for the purpose of providing, extending, expanding, or improving high-speed broadband service to further the goals of this Act—

“(A) planning, technical assistance, or training;

“(B) the acquisition or development of land; or

“(C) the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property.

“(2) Eligible recipient.—

“(A) In general.—The term ‘eligible recipient’ means an eligible recipient.

“(B) Inclusions.—The term ‘eligible recipient’ includes—

“(i) a public-private partnership; and

“(ii) a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations.

“(3) High-speed broadband.—The term ‘high-speed broadband’ means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary.

“(b) Broadband Projects.—

“(1) In general.—On the application of an eligible recipient, the Secretary may make grants under this title for broadband projects, which shall be subject to the provisions of this section.

“(2) Considerations.—In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants allocated, including consideration of underserved markets, in addition to data requested in paragraph (3).

“(3) Data requested.—In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on—

“(A) the level and extent of broadband service that exists in the area proposed to be served; and

“(B) the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program.

“(4) Interest in real or personal property.—For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, be vested in a public partner or eligible nonprofit organization or association for the useful life of the project, after which title may be transferred to any member of the public-private partnership or consortium in accordance with regulations promulgated by the Secretary.

“(5) Procurement.—Notwithstanding any other provision of law, no person or entity shall be disqualified from competing to provide goods or services related to a broadband project on the basis that the person or entity participated in the development of the broadband project or in the drafting of specifications, requirements, statements of work, or similar documents related to the goods or services to be provided.

“(6) Broadband project property.—

“(A) In general.—The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property.

“(B) Treatment.—The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 217.

“(c) Non-Federal Share.—In determining the amount of the non- Federal share of the cost of a broadband project, the Secretary may provide credit toward the non-Federal share for the present value of allowable contributions over the useful life of the broadband project, subject to the condition that the Secretary may require such assurances of the value of the rights and of the commitment of the rights as the Secretary determines to be appropriate.”.

(b) Clerical Amendment.—The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 note; Public Law 89-136) is amended by inserting after the item relating to section 218 the following:

“Sec. 219. High-speed broadband deployment initiative.”.

TITLE LIV—FINANCIAL SERVICES MATTERS

Subtitle A—In General

SEC. 5401. SERVICES THAT OPEN PORTALS TO DIRTY MONEY ACT.

(a) Short Title.—This section may be cited as the “Establishing New Authorities for Businesses Laundering and Enabling Risks to Security Act” and the “ENABLERS Act”.

(b) Findings.—Congress finds the following:

(1) Kleptocrats and other corrupt actors across the world are increasingly relying on non-bank professional service providers, including non-bank professional service providers operating in the United States, to move, hide, and grow their ill-gotten gains.

(2) In 2003, the Financial Action Task Force, an intergovernmental body formed by the United States and other major industrial nations, determined that designated non- financial businesses and professions should be subject to the same anti-money laundering and counter-terrorist financing rules and regulations as financial institutions, including the requirement to know your customer or client and to perform due diligence, as well as to file suspicious transaction reports, referred to as suspicious activity reports or “SARs” in the United States.

(3) In October 2021, the “Pandora Papers”, the largest expose of global financial data in history, revealed to a global audience how the United States plays host to a highly specialized group of “enablers” who help the world’s elite move, hide, and grow their money.

(4) The Pandora Papers described how an adviser to the former Prime Minister of Malaysia reportedly used affiliates of a United States law firm to assemble and consult a network of companies, despite the adviser fitting the “textbook definition” of a high-risk client. The adviser went on to use his companies to help steal $4.5 billion from Malaysia’s public investment fund in one of “the world’s biggest-ever financial frauds”, known as 1MDB.

(5) Russian oligarchs have used gatekeepers to move their money into the United States. For example, a gatekeeper formed a company in Delaware that reportedly owns a $15 million mansion in Washington, D.C., that is linked to one of Vladimir Putin’s closest allies. Also, reportedly connected to the oligarch is a $14 million townhouse in New York City owned by a separate Delaware company.

(6) The Pandora Papers uncovered over 200 United States- based trusts across 15 States that held assets of over $1 billion, “including nearly 30 trusts that held assets linked to people or companies accused of fraud, bribery, or human rights abuses”. In particular, South Dakota, Nevada, Delaware, Florida, Wyoming, and New Hampshire have emerged as global hotspots for those seeking to hide their assets and minimize their tax burdens.

(7) In 2016, an investigator with the non-profit organization Global Witness posed as an adviser to a corrupt African official and set up meetings with 13 New York City law firms to discuss how to move suspect funds into the United States. Lawyers from all but one of the firms provided advice to the faux adviser, including advice on how to utilize anonymous companies to obscure the true owner of the assets. Other suggestions included naming the lawyer as a trustee of an offshore trust in order to open a bank account, and using the law firm’s escrow account to receive payments.

(8) The autocratic Prime Minister of Iraqi Kurdistan, reportedly known for torturing and killing journalists and critics, allegedly purchased a retail store valued at over $18 million in Miami, Florida, with the assistance of a Pennsylvania-based law firm.

(9) Teodoro Obiang, the vice president of Equatorial Guinea and son of the country’s authoritarian president, embezzled millions of dollars from his home country, which was then used to purchase luxury assets in the United States. Obiang relied on the assistance of two American lawyers to move millions of dollars of suspect funds through U.S. banks. The lawyers incorporated five shell companies in California and opened bank accounts associated with the companies for Obiang’s personal use. The suspect funds were first wired to the lawyers’ attorney-client and firm accounts, then transferred to the accounts of the shell companies.

(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”.

(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”.

(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.

(c) Requirements for Gatekeepers.—

(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—

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

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

“(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—

“(i) corporate or other legal entity arrangement, association, or formation services;

“(ii) trust services;

“(iii) third party payment services; or

“(iv) legal or accounting services that—

“(I) involve financial activities that facilitate— “(aa) corporate or other legal entity arrangement, association, or formation services; “(bb) trust services; or

“(cc) third party payment services; and

“(II) are not direct payments or compensation for civil or criminal defense matters.”.

(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: “Sec. 5337. Requirements for gatekeepers.

“(a) In General.—

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

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

“(B) prescribe appropriate requirements for such persons.

“(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—

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

“(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.

“(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—

“(A) any person involved in—

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

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

“(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;

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

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

“(vi) the processing of payments;

“(vii) the provision of cash vault services;

“(viii) the wiring of money;

“(ix) the exchange of foreign currency, digital currency, or digital assets; or

“(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;

“(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—

“(i) obtains or uses a preparer tax identification number; or

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

“(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

“(D) any person, wherever organized or doing business, that is—

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

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

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

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

“(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;

“(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;

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

“(4) report suspicious transactions as described in section 5318(g)(1); and

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

“(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).

“(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.

“(e) Enforcement.—

“(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.

“(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—

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

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

(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.

(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:

“5337. Requirements for gatekeepers.”.

(5) Use of technology to increase efficiency and accuracy of information.—

(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—

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

(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.

(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—

(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

(ii) makes recommendations for implementing such technologies.

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

“(11) Gatekeeper strategy.—

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

“(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.”.

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

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

(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—

(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;

(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;

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

(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.

(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—

(1) the hiring of personnel;

(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;

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

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

(5) for voluntary compliance programs;

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

(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.

(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.

SEC. 5402. REVIEW OF CYBER-RELATED MATTERS AT THE DEPARTMENT OF THE TREASURY.

(a) In General.—No later than 270 days after the date of enactment of this Act, the Secretary of the Treasury shall complete a comprehensive review of the Department of the Treasury’s efforts dedicated to enhancing cybersecurity capability, readiness, and resilience of the financial services sector, specifically as it relates to—

(1) Treasury’s role as the sector risk management agency for the financial services sector, as defined by section 9002 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021; and

(2) integration of operational resilience and cybersecurity for the financial services sector across the Department of the Treasury.

(b) Elements.—The review required under subsection (a) shall include the following elements and considerations:

(1) A comprehensive review of the components and offices within the Departmental Offices of the Department of the Treasury involved in efforts specified in subsection (a).

(2) A review of activities by the Department of the Treasury involved in efforts specified in subsection (a).

(3) An assessment of the how each activity identified in this subsection connects to the National Security Strategy and other related documents of the Executive Branch.

(4) An assessment of the Department of the Treasury’s ability to discharge fully its duties specified in subsection

(a) and identify any areas where it may need additional resources, legislation or authority.

(5) An evaluation of the partnerships with other executive branch departments and agencies to support efforts specified in subsection (a).

(6) An evaluation of support to and from the Financial and Banking Information Infrastructure Committee, and its member agencies to enhance efforts specified in subsection (a).

(7) A five-year plan for the Department of the Treasury that defines an objectives and goals related to the efforts specified in subsection (a).

(c) Submission to Congress.—No later than 30 days after the completion of the review specified under subsection (a), the Secretary of the Treasury shall transmit the review to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(d) Annual Update.—No later than February 1st of each year after the submission of the review until 2028, the Secretary shall provide an update on progress made in the preceding year in relation to the plan directed in subsection (b)(7) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

SEC. 5403. STRENGTHENING AWARENESS OF SANCTIONS.

Section 312 of title 31, United States Code, is amended by adding at the end the following:

“(i) OFAC Exchange.—

“(1) Establishment.—The OFAC Exchange is hereby established within OFAC.

“(2) Purpose.—The OFAC Exchange shall facilitate a voluntary public-private information sharing partnership among law enforcement agencies, national security agencies, financial institutions, and OFAC to—

“(A) effectively and efficiently administer and enforce economic and trade sanctions against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy, or economy of the United States by promoting innovation and technical advances in reporting—

“(i) under subchapter II of chapter 53 and the regulations promulgated under that subchapter; and

“(ii) with respect to other economic and trade sanctions requirements;

“(B) protect the financial system from illicit use, including evasions of existing economic and trade sanctions programs; and

“(C) facilitate two-way information exchange between OFAC and persons who are required to comply with sanctions administered and enforced by OFAC, including financial institutions, business sectors frequently affected by sanctions programs, and non- government organizations and humanitarian groups impacted by such sanctions programs.

“(3) Report.—

“(A) In general.—Not later than 1 year after the date of enactment of this subsection, and once every 2 years thereafter for the next 5 years, the Secretary of the Treasury shall submit to the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate and the Committees on Financial Services and Foreign Affairs of the House of Representatives a report containing—

“(i) an analysis of the efforts undertaken by the OFAC Exchange, which shall include an analysis of—

“(I) the results of those efforts; and

“(II) the extent and effectiveness of those efforts, including the extent and effectiveness of communication between OFAC and persons who are required to comply with sanctions administered and enforced by OFAC;

“(ii) recommendations to improve efficiency and effectiveness of targeting, compliance, enforcement, and licensing activities undertaken by OFAC; and

“(iii) any legislative, administrative, or other recommendations the Secretary may have to strengthen the efforts of the OFAC Exchange.

“(B) Classified annex.—Each report under subparagraph (A) may include a classified annex.

“(4) Information sharing requirement.—Information shared under this subsection shall be shared—

“(A) in compliance with all other applicable Federal laws and regulations;

“(B) in such a manner as to ensure the appropriate confidentiality of personal information; and

“(C) at the discretion of the Director, with the appropriate Federal functional regulator, as defined in section 6003 of the Anti-Money Laundering Act of 2020.

“(5) Protection of shared information.—

“(A) Regulations.—OFAC shall, as appropriate, promulgate regulations that establish procedures for the protection of information shared and exchanged between OFAC and the private sector in accordance with this section, consistent with the capacity, size, and nature of the financial institution to which the particular procedures apply.

“(B) Use of information.—Information received by a financial institution pursuant to this section shall not be used for any purpose other than identifying and reporting on activities that may involve the financing of terrorism, proliferation financing, narcotics trafficking, or financing of sanctioned countries, regimes, or persons.

“(6) Rule of construction.—Nothing in this subsection may be construed to create new information sharing authorities or requirements relating to the Bank Secrecy Act.”.

SEC. 5404. BRIEFING ON CHINESE SUPPORT FOR AFGHAN ILLICIT FINANCE.

(a) Requirement.—Not later than one year after the date of the enactment of this Act, the Secretary of Treasury shall brief the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate on the financial activities of China and Chinese entities in connection with the finances of Afghanistan and the Taliban.

(b) Matters Included.—The briefing under subsection (a) shall include the following:

(1) An assessment of the activities undertaken by the People’s Republic of China and Chinese-registered companies to support illicit financial networks in Afghanistan, particularly such networks involved in narcotics trafficking, illicit financial transactions, official corruption, natural resources exploitation, and terrorist networks.

(2) An assessment of financial, commercial, and economic activities undertaken by China and Chinese companies in Afghanistan, including the licit and illicit extraction of critical minerals, to support Chinese policies counter to American strategic interests.

(3) Information relating to the impacts of existing United States and multilateral laws, regulations, and sanctions, including environmental and public health impacts of natural resources exploitation.

(4) Any recommendations to Congress regarding legislative or regulatory improvements necessary to support the identification and disruption of Chinese-supported illicit financial networks in Afghanistan.

SEC. 5405. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT RESTRUCTURING OR RELIEF TO DEVELOPING COUNTRIES WITH UNSUSTAINABLE LEVELS OF DEBT.

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

“SEC. 1632. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT RESTRUCTURING OR RELIEF TO DEVELOPING COUNTRIES WITH UNSUSTAINABLE LEVELS OF DEBT.

“(a) Debt Relief.—The Secretary of the Treasury, in consultation with the Secretary of State, shall—

“(1) engage with international financial institutions, the G20, and official and commercial creditors to advance support for prompt and effective implementation and improvement of the Common Framework for Debt Treatments beyond the DSSI (in this section referred to as the ‘Common Framework’), or any successor framework or similar coordinated international debt treatment process in which the United States participates through the establishment and publication of clear and accountable—

“(A) debt treatment benchmarks designed to achieve debt sustainability for each participating debtor;

“(B) standards for appropriate burden-sharing among all creditors with material claims on each participating debtor, without regard for their official, private, or hybrid status;

“(C) robust debt disclosure by creditors, including the People’s Republic of China, and debtor countries, including inter-creditor data-sharing and, to the maximum extent practicable, public disclosure of material terms and conditions of claims on participating debtors;

“(D) expansion of Common Framework country eligibility to lower middle-income countries who otherwise meet the existing criteria;

“(E) improvements to the Common Framework process with the aim of ensuring access to debt relief in a timely manner for those countries eligible and who request treatment; and

“(F) consistent enforcement and improvement of the policies of multilateral institutions relating to asset-based and revenue-based borrowing by participating debtors, and coordinated standards on restructuring collateralized debt;

“(2) engage with international financial institutions and official and commercial creditors to advance support, as the Secretary finds appropriate, for debt restructuring or debt relief for each participating debtor, including, on a case-by- case basis, a debt standstill, if requested by the debtor country through the Common Framework process from the time of conclusion of a staff-level agreement with the International Monetary Fund, and until the conclusion of a memorandum of understanding with its creditor committee pursuant to the Common Framework, or any successor framework or similar coordinated international debt treatment process in which the United States participates; and

“(3) instruct the United States Executive Director at the International Monetary Fund and the United States Executive Director at the World Bank to use the voice and vote of the United States to advance the efforts described in paragraphs

(1) and (2).

“(b) Reporting Requirement.—Not later than 120 days after the date of the enactment of this section, and annually thereafter, the Secretary of the Treasury, in coordination with the Secretary of State, shall submit to the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate and the Committees on Financial Services and Foreign Affairs of the House of Representatives a report that describes—

“(1) any actions that have been taken, in coordination with international financial institutions, by official creditors, including the government of, and state-owned enterprises in, the People’s Republic of China, and relevant commercial creditor groups to advance debt restructuring or relief for countries with unsustainable debt that have sought restructuring or relief under the Common Framework, any successor framework or mechanism, or under any other coordinated international arrangement for sovereign debt restructuring in which the United States participates;

“(2) any implementation challenges that hinder the ability of the Common Framework to provide timely debt restructuring for any country with unsustainable debt that seeks debt restructuring or debt payment relief, including any refusal of a creditor to participate in appropriate burden-sharing, including failure to share (or publish, as appropriate) all material information needed to assess debt sustainability; and

“(3) recommendations on how to address any challenges identified in paragraph (2).”.

(b) Sunset.—The amendment made by subsection (a) is repealed effective on the date that is 5 years after the effective date of this section.

SEC. 5406. PAYMENT CHOICE.

(a) Sense of Congress.—It is the sense of Congress that every consumer has the right to use cash at retail businesses who accept in- person payments.

(b) Retail Businesses Prohibited From Refusing Cash Payments.—

(1) In general.—Subchapter I of chapter 51 of title 31, United States Code, is amended by adding at the end the following: “Sec. 5104. Retail businesses prohibited from refusing cash payments

“(a) In General.—Any person engaged in the business of selling or offering goods or services at retail to the public with a person accepting in-person payments at a physical location (including a person accepting payments for telephone, mail, or internet-based transactions who is accepting in-person payments at a physical location)—

“(1) shall accept cash as a form of payment for sales of less than $2,000 (or, for loan payments, payments made on a loan with an original principal amount of less than $2,000) made at such physical location; and

“(2) may not charge cash-paying customers a higher price compared to the price charged to customers not paying with cash.

“(b) Exceptions.—

“(1) In general.—Subsection (a) shall not apply to a person if such person—

“(A) is unable to accept cash because of—

“(i) a sale system failure that temporarily prevents the processing of cash payments; or

“(ii) a temporary insufficiency in cash on hand needed to provide change; or

“(B) provides customers with the means, on the premises, to convert cash into a card that is either a general-use prepaid card, a gift card, or an access device for electronic fund transfers for which—

“(i) there is no fee for the use of the card;

“(ii) there is not a minimum deposit amount greater than 1 dollar;

“(iii) amounts loaded on the card do not expire, except as permitted under paragraph

(2);

“(iv) there is no collection of any personal identifying information from the customer;

“(v) there is no fee to use the card; and

“(vi) there may be a limit to the number of transactions.

“(2) Inactivity.—A person seeking exception from subsection (a) may charge an inactivity fee in association with a card offered by such person if—

“(A) there has been no activity with respect to the card during the 12-month period ending on the date on which the inactivity fee is imposed;

“(B) not more than 1 inactivity fee is imposed in any 1-month period; and

“(C) it is clearly and conspicuously stated, on the face of the mechanism that issues the card and on the card—

“(i) that an inactivity fee or charge may be imposed;

“(ii) the frequency at which such inactivity fee may be imposed; and

“(iii) the amount of such inactivity fee.

“(c) Right to Not Accept Large Bills.—

“(1) In general.—Notwithstanding subsection (a), for the 5-year period beginning on the date of enactment of this section, this section shall not require a person to accept cash payments in $50 bills or any larger bill.

“(2) Rulemaking.—

“(A) In general.—The Secretary of the Treasury, in this section referred to as the Secretary, shall issue a rule on the date that is 5 years after the date of the enactment of this section with respect to any bills a person is not required to accept.

“(B) Requirement.—When issuing a rule under subparagraph (A), the Secretary shall require persons to accept $1, $5, $10, $20, and $50 bills.

“(d) Enforcement.—

“(1) Preventative relief.—Whenever any person has engaged, or there are reasonable grounds to believe that any person is about to engage, in any act or practice prohibited by this section, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order may be brought against such person.

“(2) Civil penalties.—Any person who violates this section shall—

“(A) be liable for actual damages;

“(B) be fined not more than $2,500 for a first offense; and

“(C) be fined not more than $5,000 for a second or subsequent offense.

“(3) Jurisdiction.—An action under this section may be brought in any United States district court, or in any other court of competent jurisdiction.

“(4) Intervention of attorney general.—Upon timely application, a court may, in its discretion, permit the Attorney General to intervene in a civil action brought under this subsection, if the Attorney General certifies that the action is of general public importance.

“(5) Authority to appoint court-paid attorney.—Upon application by an individual and in such circumstances as the court may determine just, the court may appoint an attorney for such individual and may authorize the commencement of a civil action under this subsection without the payment of fees, costs, or security.

“(6) Attorney’s fees.—In any action commenced pursuant to this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person.

“(7) Requirements in certain states and local areas.—In the case of an alleged act or practice prohibited by this section which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such act or practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought hereunder before the expiration of 30 days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.

“(e) Greater Protection Under State Law.—This section shall not preempt any law of a State, the District of Columbia, a Tribal government, or a territory of the United States if the protections that such law affords to consumers are greater than the protections provided under this section.

“(f) Rulemaking.—The Secretary shall issue such rules as the Secretary determines are necessary to implement this section, which may prescribe additional exceptions to the application of the requirements described in subsection (a).”.

(2) Clerical amendment.—The table of contents for chapter 51 of title 31, United States Code, is amended by inserting after the item relating to section 5103 the following:

“5104. Retail businesses prohibited from refusing cash payments.”.

(3) Rule of construction.—The amendments made by this section may not be construed to have any effect on section 5103 of title 31, United States Code.

(c) Discretionary Surplus Fund.—

(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 $15,000,000.

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

SEC. 5407. DISCLOSURE REQUIREMENTS RELATING TO CHINA-BASED HEDGE FUNDS CAPITAL RAISING ACTIVITIES IN THE UNITED STATES THROUGH CERTAIN EXEMPTED TRANSACTIONS.

(a) Amendment.—The Securities Exchange Act of 1934 is amended by inserting after section 13A (15 U.S.C. 78m-1) the following:

“SEC. 13B. DISCLOSURE REQUIREMENTS RELATING TO CERTAIN EXEMPTED TRANSACTIONS.

“(a) In General.—Notwithstanding any other provision of law, in the case of an issuer that is domiciled in the People’s Republic of China, including a China-based hedge fund or a China-based private equity fund, that conducts a covered exempted transaction, such issuer shall provide to the Commission, at such time and in such manner as the Commission may prescribe, the following:

“(1) The identity of the issuer.

“(2) The place of incorporation of the issuer.

“(3) The amount of the issuance involved in the covered exempted transaction and the net proceeds to the issuer.

“(4) The principal beneficial owners of the issuer.

“(5) The intended use of the proceeds from such issuance, including—

“(A) each country in which the issuer intends to invest such proceeds; and

“(B) each industry in which the issuer intends to invest such proceeds.

“(6) The exemption the issuer relies on with respect to such covered exempted transaction.

“(b) Authority to Revise and Promulgate Rules, Regulations, and Forms.—The Commission shall, for the protection of investors and fair and orderly markets—

“(1) revise and promulgate such rules, regulations, and forms as may be necessary to carry out this section; and

“(2) issue rules to set conditions for the use of covered exempted transactions by an issuer who does not comply with the requirements under subsection (a).

“(c) Covered Exempted Transaction.—In this section, the term ‘covered exempted transaction’ means an issuance of a security that is exempt from registration under section 5 of the Securities Act of 1933 (15 U.S.C. 77e) that—

“(1) is structured or intended to comply with—

“(A) Rule 506(b) of Regulation D, as promulgated by the Commission;

“(B) Regulation S, as promulgated by the Commission; or

“(C) Rule 144A, as promulgated by the Commission; and

“(2) either—

“(A) has an issuance equal to $25,000,000 or greater; or

“(B) with respect to any 1-year period, has, together with all covered exempted transactions in that period, an aggregate issuance of $50,000,000 or greater.”.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to issuers of covered exempted transactions on the date that is 270 days after the date of the enactment of this Act.

(c) Report.—The Securities and Exchange Commission shall, each quarter, 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 all information submitted by an issuer under section 13B of the Securities Exchange Act of 1934, as added by subsection (a), during the previous quarter.

SEC. 5408. RUSSIA AND BELARUS FINANCIAL SANCTIONS.

(a) In General.—A United States financial institution shall take all actions necessary and available to cause any entity or person owned or controlled by the institution to comply with any provision of law described in subsection (b) to the same extent as required of a United States financial institution.

(b) Provision of Law Described.—A provision of law described in this subsection is any prohibition or limitation described in a sanctions-related statute, regulation or order applicable to a United States financial institution concerning the Russian Federation or the Republic of Belarus, involving—

(1) the conduct of transactions;

(2) the acceptance of deposits;

(3) the making, granting, transferring, holding, or brokering of loans or credits;

(4) the purchasing or selling of foreign exchange, securities, commodity futures, or options;

(5) the procuring of purchasers and sellers described under paragraph (4) as principal or agent; or

(6) any other good or service provided by a United States financial institution.

(c) Penalty.—A United States financial institution that violates subsection (a) shall be subject to the penalties described in the applicable statute, regulation or order applicable to a United States financial Institution.

(d) United States Financial Institution Defined.—In this section, the term “United States financial institution” means any U.S. entity (including its foreign branches) that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes depository institutions, banks, savings banks, money services businesses, operators of credit card systems, trust companies, insurance companies, securities brokers and dealers, futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and U.S. holding companies, U.S. affiliates, or U.S. subsidiaries of any of the foregoing. This term includes those branches, offices, and agencies of foreign financial institutions that are located in the United States, but not such institutions’ foreign branches, offices, or agencies.

SEC. 5409. APPRAISAL STANDARDS FOR SINGLE-FAMILY HOUSING MORTGAGES.

(a) Certification or Licensing.—Paragraph (5) of section 202(g) of the National Housing Act (12 U.S.C. 1708(g)) is amended—

(1) by striking subparagraph (A) and inserting the following new subparagraph:

“(A)(i) in the case of an appraiser for a mortgage for single-family housing, be certified or licensed by the State in which the property to be appraised is located; and

“(ii) in the case of an appraiser for a mortgage for multifamily housing, be certified by the State in which the property to be appraised is located; and”; and

(2) in subparagraph (B), by inserting before the period at the end the following: “, which, in the case of appraisers for any mortgage for single-family housing, shall include completion of a course or seminar that consists of not less than 7 hours of training regarding such appraisal requirements that is approved by the Course Approval Program of the Appraiser Qualifications Board of the Appraisal Foundation or a State appraiser certifying and licensing agency”.

(b) Compliance With Verifiable Education Requirements; Grandfathering.—Effective beginning on the date of the effectiveness of the mortgagee letter or other guidance issued pursuant to subsection

(c) of this section, notwithstanding any choice or approval of any appraiser made before such date of enactment, no appraiser may conduct an appraisal for any mortgage for single-family housing insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) unless such appraiser is, as of such date of effectiveness, in compliance with—

(1) all of the requirements under section 202(g)(5) of such Act (12 U.S.C. 1708(g)(5)), as amended by subsection (a) of this section, including the requirement under subparagraph (B) of such section 202(g)(5) (relating to demonstrated verifiable education in appraisal requirements); or

(2) all of the requirements under section 202(g)(5) of such Act as in effect on the day before the date of the enactment of this Act.

(c) Implementation.—Not later than the expiration of the 240-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue a mortgagee letter or other guidance that shall—

(1) implement the amendments made by subsection (a) of this section;

(2) clearly set forth all of the specific requirements under section 202(g)(5) of the National Housing Act (as amended by subsection (a) of this section) for approval to conduct appraisals under title II of such Act for mortgages for single- family housing, which shall include—

(A) providing that the completion, prior to the effective date of such mortgagee letter or guidance, of training meeting the requirements under subparagraph

(B) of such section 202(g)(5) (as amended by subsection

(a) of this section) shall be considered to fulfill the requirement under such subparagraph; and

(B) providing a method for appraisers to demonstrate such prior completion; and

(3) take effect not later than the expiration of the 180- day period beginning upon issuance of such mortgagee letter or guidance.

SEC. 5410. CHINA FINANCIAL THREAT MITIGATION.

(a) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Chairman of the Board of Governors of the Federal Reserve System, the Chairman of the Securities and Exchange Commission, the Chairman of the Commodity Futures Trading Commission, and the Secretary of State, shall conduct a study and issue a report on the exposure of the United States to the financial sector of the People’s Republic of China that includes—

(1) an assessment of the effects of reforms to the financial sector of the People’s Republic of China on the United States and global financial systems;

(2) a description of the policies the United States Government is adopting to protect the interests of the United States while the financial sector of the People’s Republic of China undergoes such reforms;

(3) a description and analysis of any risks to the financial stability of the United States and the global economy emanating from the People’s Republic of China; and

(4) recommendations for additional actions the United States Government, including United States representatives at relevant international organizations, should take to strengthen international cooperation to monitor and mitigate such financial stability risks and protect United States interests.

(b) Transmission of Report.—The Secretary of the Treasury shall transmit the report required under subsection (a) not later than one year after the date of enactment of this Act to the Committees on Financial Services and Foreign Affairs of the House of Representatives, the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate, and to the United States representatives at relevant international organizations, as appropriate.

(c) Classification.—The report required under subsection (a) shall be unclassified, but may contain a classified annex.

(d) Publication of Report.—The Secretary of the Treasury shall publish the report required under subsection (a) (other than any classified annex) on the website of the Department of the Treasury not later than one year after the date of enactment of this Act.

SEC. 5411. REVIEW OF FHA SMALL-DOLLAR MORTGAGE PRACTICES.

(a) Congressional Findings.—The Congress finds that—

(1) affordable homeownership opportunities are being hindered due to the lack of financing available for home purchases under $100,000;

(2) according to the Urban Institute, small-dollar mortgage loan applications in 2017 were denied by lenders at double the rate of denial for large mortgage loans, and this difference in denial rates cannot be fully explained by differences in the applicants’ credit profiles;

(3) according to data compiled by Attom Data solutions, small-dollar mortgage originations have decreased 38 percent since 2009, while there has been a 65-percent increase in origination of mortgages for more than $150,000;

(4) the FHA’s mission is to serve creditworthy borrowers who are underserved and, according to the Urban Institute, the FHA serves 24 percent of the overall market, but only 19 percent of the small-dollar mortgage market; and

(5) the causes behind these variations are not fully understood, but merit study that could assist in furthering the Department of Housing and Urban Development’s mission, including meeting the housing needs of borrowers the program is designed to serve and reducing barriers to homeownership, while protecting the solvency of the Mutual Mortgage Insurance Fund.

(b) Review.—The Secretary of Housing and Urban Development shall conduct a review of its FHA single-family mortgage insurance policies, practices, and products to identify any barriers or impediments to supporting, facilitating, and making available mortgage insurance for small dollar mortgages, as defined by the Secretary. Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the findings of such review and the actions that the Secretary will take, without adversely affecting the solvency of the Mutual Mortgage Insurance Fund, to remove such barriers and impediments to providing mortgage insurance for such mortgages.

SEC. 5412. DISCLOSURE OF BUSINESSES TIES TO RUSSIA.

(a) In General.—Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:

“(s) Disclosure of Business Ties to Russia.—Any issuer required to file an annual or quarterly report under subsection (a) that—

“(1) does business in Russia, or with or through firms domiciled in Russia, regardless of where that business activity takes place, or

“(2) with the Russian government, or with any entity owned by or affiliated with such government, regardless of where that business activity takes place, shall disclose in that report relevant facts and a description about the business activity.”.

(b) The Securities and Exchange Commission shall within 270 days of enactment of this section define any necessary terms and amend its rules or forms, to carry out the requirements of the provision added by subsection (a).

SEC. 5413. SMALL BUSINESS LOAN DATA COLLECTION.

(a) In General.—Section 704B of the Equal Credit Opportunity Act (15 U.S.C. 1691c-2) is amended—

(1) by inserting “LGBTQ-owned,” after “minority-owned,” each place such term appears;

(2) in subsection (e)(2)(G), by inserting “, sexual orientation, gender identity” after “sex”; and

(3) in subsection (h), by adding at the end the following:

“(7) LGBTQ-owned business.—The term ‘LGBTQ-owned business’ means a business—

“(A) more than 50 percent of the ownership or control of which is held by 1 or more individuals self- identifying as lesbian, gay, bisexual, transgender, or queer; and

“(B) more than 50 percent of the net profit or loss of which accrues to 1 or more individuals self- identifying as lesbian, gay, bisexual, transgender, or queer.”.

(b) Discretionary Surplus Fund.—

(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 $500,000.

(2) Effective date.—The amendment made by paragraph (1) shall take effect on September 30, 2032.

SEC. 5414. NATIONWIDE EMERGENCY DECLARATION MEDICAL SUPPLIES ENHANCEMENT.

(a) Determination on Emergency Supplies and Other Public Health Emergencies.—For the purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), the following materials may be deemed by the President, during a nationwide emergency declaration period, to be scarce and critical materials essential to the national defense and otherwise meet the requirements of section 101(b) of such Act, and funds available to implement such Act may be used for the purchase, production (including the construction, repair, and retrofitting of government-owned facilities as necessary), or distribution of such materials:

(1) Face masks and personal protective equipment, including non-surgical isolation gowns, face shields, nitrile gloves, N- 95 filtering facepiece respirators, and any other masks or equipment (including durable medical equipment) determined by the Secretary of Health and Human Services to be needed to respond during a nationwide emergency declaration period, and the materials, machinery, additional manufacturing lines or facilities, or other technology necessary to produce such equipment.

(2) Drugs and devices (as those terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)) and biological products (as that term is defined by section 351 of the Public Health Service Act (42 U.S.C. 262)) that are approved, cleared, licensed, or authorized for use during a nationwide emergency, and any materials, manufacturing machinery, additional manufacturing or fill-finish lines or facilities, technology, or equipment (including durable medical equipment) necessary to produce or use such drugs, biological products, or devices (including syringes, vials, or other supplies or equipment related to delivery, distribution, or administration).

(3) Any other medical equipment or supplies determined by the Secretary of Health and Human Services or the Secretary of Homeland Security to be scarce and critical materials essential to the national defense for purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511).

(b) Enhancement of Supply Chain Production.—In exercising authority under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) with respect to materials described in subsection

(a), the President shall seek to ensure that support is provided to companies that comprise the supply chains for reagents, components, raw materials, and other materials and items necessary to produce or use the materials described in subsection (a) to the extent necessary for the national defense during a nationwide emergency declaration and subsequent major disaster declarations under sections 501 and 401, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191, 5170).

(c) Enhanced Reporting During Nationwide Disaster Declarations.—

(1) Report on exercising authorities under the defense production act of 1950.—

(A) In general.—Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Administrator of the Federal Emergency Management Agency, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the exercise of authorities under titles I, III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) prior to the date of such report for the purposes of the nationwide emergency declaration response.

(B) Contents.—The report required under subparagraph (A) and the update required under subparagraph (C) shall include the following:

(i) In general.—With respect to each exercise of such authority—

(I) an explanation of the purpose of the applicable contract, purchase order, or other exercise of authority (including an allocation of materials, services, and facilities under section 101(a)(2) of the Defense Production Act of 1950 (50 U.S.C. 4511(a)(2));

(II) the cost of such exercise of authority; and

(III) if applicable— (aa) the amount of goods that were purchased or allocated; (bb) an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and

(cc) an identification of any entity that had shipments delayed by the exercise of any authority under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.).

(ii) Consultations.—A description of any consultations conducted with relevant stakeholders on the needs addressed by the exercise of the authorities described in subparagraph (A).

(C) Update.—The President shall provide an additional briefing to the appropriate congressional committees on the matters described under subparagraph

(B) no later than four months after the submission of the report.

(2) Sunset.—The requirements of this section shall terminate at the end of the nationwide emergency declaration period.

SEC. 5415. SPECIAL MEASURES TO FIGHT MODERN THREATS.

(a) Findings.—Congress finds the following:

(1) The Financial Crimes Enforcement Network (FinCEN) is the Financial Intelligence Unit of the United States tasked with safeguarding the financial system from illicit use, combating money laundering and its related crimes including terrorism, and promoting national security.

(2) Per statute, FinCEN may require domestic financial institutions and financial agencies to take certain “special measures” against jurisdictions, institutions, classes of transactions, or types of accounts determined to be of primary money laundering concern, providing the Secretary with a range of options, such as enhanced record-keeping, that can be adapted to target specific money laundering and terrorist financing and to bring pressure on those that pose money laundering threats.

(3) This special-measures authority was granted in 2001, when most cross-border transactions occurred through correspondent or payable-through accounts held with large financial institutions which serve as intermediaries to facilitate financial transactions on behalf of other banks.

(4) Innovations in financial services have transformed and expanded methods of cross-border transactions that could not have been envisioned 20 years ago when FinCEN was given its special-measures authority.

(5) These innovations, particularly through digital assets and informal value transfer systems, while useful to legitimate consumers and law enforcement, can be tools abused by bad actors like sanctions evaders, fraudsters, money launderers, and those who commit ransomware attacks on victimized U.S. companies and which abuse the financial system to move and obscure the proceeds of their crimes.

(6) Ransomware attacks on U.S. companies requiring payments in cryptocurrencies have increased in recent years, with the U.S. Treasury estimating that ransomware payments in the United States reached $590 million in just the first half of 2021, compared to a total of $416 million in 2020.

(7) As ransomware attacks organized by Chinese and other foreign bad actors continue to grow in size and scope, modernizing FinCEN’s special measure authorities will empower FinCEN to adapt its existing tools, monitor and obstruct global financial threats, and meet the challenges of combating 21st century financial crime.

(b) Prohibitions or Conditions on Certain Transmittals of Funds.— Section 5318A of title 31, United States Code, is amended—

(1) in subsection (a)(2)(C), by striking “subsection

(b)(5)” and inserting “paragraphs (5) and (6) of subsection

(b)”; and

(2) in subsection (b)—

(A) in paragraph (5), by striking “for or on behalf of a foreign banking institution”; and

(B) by adding at the end the following:

“(6) Prohibitions or conditions on certain transmittals of funds.—If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary, in consultation with the Secretary of State, the Attorney General, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon certain transmittals of funds (as such term may be defined by the Secretary in a special measure issuance, by regulation, or as otherwise permitted by law), to or from any domestic financial institution or domestic financial agency if such transmittal of funds involves any such jurisdiction, institution, type of account, or class of transaction.”.

SEC. 5416. SUBMISSION OF DATA RELATING TO DIVERSITY.

Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:

“(s) Submission of Data Relating to Diversity.—

“(1) Definitions.—In this subsection—

“(A) the term ‘executive officer’ has the meaning given the term in section 230.501(f) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection; and

“(B) the term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.

“(2) Submission of disclosure.—Each issuer required to file an annual report under subsection (a) shall disclose in any proxy statement and any information statement relating to the election of directors filed with the Commission the following:

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

“(i) the board of directors of the issuer;

“(ii) nominees for the board of directors of the issuer; and

“(iii) the executive officers of the issuer.

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

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

“(i) the board of directors of the issuer;

“(ii) nominees for the board of directors of the issuer; or

“(iii) the executive officers of the issuer.

“(3) Alternative submission.—In any 1-year period in which an issuer required to file an annual report under subsection (a) does not file with the Commission a proxy statement or an information statement relating to the election of directors, the issuer shall disclose the information required under paragraph (2) in the first annual report of issuer that the issuer submits to the Commission after the end of that 1-year period.

“(4) Annual report.—Not later than 18 months after the date of enactment of this subsection, and annually thereafter, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and publish on the website of the Commission, a report that analyzes the information disclosed under paragraphs (2) and (3) and identifies any trends with respect to such information.

“(5) Best practices.—

“(A) In general.—The Director of the Office of Minority and Women Inclusion of the Commission shall, not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, publish best practices for compliance with this subsection.

“(B) Comments.—The Director of the Office of Minority and Women Inclusion of the Commission may, pursuant to subchapter II of chapter 5 of title 5, United States Code, solicit public comments related to the best practices published under subparagraph (A).”.

SEC. 5417. DIVERSITY ADVISORY GROUP.

(a) Definitions.—For the purposes of this section:

(1) Advisory group.—The term “Advisory Group” means the Diversity Advisory Group established under subsection (b).

(2) Commission.—The term “Commission” means the Securities and Exchange Commission.

(3) Issuer.—The term “issuer” has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

(b) Establishment.—The Commission shall establish a Diversity Advisory Group, which shall be composed of representatives from—

(1) the Federal Government and State and local governments;

(2) academia; and

(3) the private sector.

(c) Study and Recommendations.—The Advisory Group shall—

(1) carry out a study that identifies strategies that can be used to increase gender identity, racial, ethnic, and sexual orientation diversity among members of boards of directors of issuers; and

(2) not later than 270 days after the date on which the Advisory Group is established, submit to the Commission, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives a report that—

(A) describes any findings from the study conducted under paragraph (1); and

(B) makes recommendations regarding strategies that issuers could use to increase gender identity, racial, ethnic, and sexual orientation diversity among board members.

(d) Annual Report.—Not later than 1 year after the date on which the Advisory Group submits the report required under subsection (c)(2), and annually thereafter, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that describes the status of gender identity, racial, ethnic, and sexual orientation diversity among members of the boards of directors of issuers.

(e) Public Availability of Reports.—The Commission shall make all reports of the Advisory Group available to issuers and the public, including on the website of the Commission.

(f) Inapplicability of Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Advisory Group or the activities of the Advisory Group.

SEC. 5418. DISCOUNT ON MORTGAGE INSURANCE PREMIUM PAYMENTS FOR FIRST- TIME HOMEBUYERS WHO COMPLETE FINANCIAL LITERACY HOUSING COUNSELING PROGRAMS.

The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended—

(1) by inserting before the comma the following: “and such program is completed before the mortgagor has signed an application for a mortgage to be insured under this title or a sales agreement”; and

(2) by striking “not exceed 2.75 percent of the amount of the original insured principal obligation of the mortgage” and inserting “be 25 basis points lower than the premium payment amount established by the Secretary under the first sentence of this subparagraph”.

SEC. 5419. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE HOUSING.

Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note) is amended—

(1) in subsection (a), by striking “the National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA” and inserting “non-Federal entities, including nonprofit organizations that can provide technical assistance activities to community development corporations, community housing development organizations, community land trusts, nonprofit organizations in insular areas, and other mission-driven and nonprofit organizations that target services to low-income and socially disadvantaged populations, and provide services in neighborhoods having high concentrations of minority, low- income, or socially disadvantaged populations,”; and

(2) in subsection (b)(3), by striking “National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA” and inserting “non-Federal entities through which assistance is provided under this section,”.

SEC. 5420. AFFORDABLE HOUSING CONSTRUCTION AS ELIGIBLE ACTIVITY UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

(a) Eligible Activity.—Subsection (a) of section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended—

(1) in paragraph (25)(D), by striking “and” at the end;

(2) in paragraph (26), by striking the period at the end and inserting “; and”; and

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

“(27) the new construction of affordable housing, within the meaning given such term under section 215 of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12745).”.

(b) Low and Moderate Income Requirement.—Paragraph (3) of section 105(c) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(c)(3)) is amended by striking “or rehabilitation” and inserting “, rehabilitation, or new construction”.

(c) Applicability.—The amendments made by this section shall apply with respect only to amounts appropriated after the date of the enactment of this Act.

SEC. 5421. CONSIDERATION OF SMALL HOME MORTGAGE LENDING UNDER COMMUNITY REINVESTMENT ACT.

(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:

“(e) Consideration of Small Home Mortgage Lending.—

“(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—

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

“(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);

“(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).

“(2) Data collection and reporting by large financial institutions.—

“(A) In general.—Each large financial institution shall collect, maintain, and report to the appropriate Federal financial supervisory agency—

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

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

“(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

“(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.

“(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.

“(C) Large financial institution defined.—The appropriate Federal financial supervisory agencies shall, jointly, define the term ‘large financial institution’ for purposes of this paragraph.”.

(b) Discretionary Surplus Fund.—

(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.

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

SEC. 5422. PROHIBITION ON CONSUMER REPORTS CONTAINING ADVERSE INFORMATION RELATED TO CERTAIN STUDENT LOANS.

(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:

“(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.”.

(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:

“(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.”.

SEC. 5423. EXTENSION OF THE CENTRAL LIQUIDITY FACILITY.

(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:

“(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).”.

(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”.

SEC. 5424. PROMOTING CAPITAL RAISING OPTIONS FOR TRADITIONALLY UNDERREPRESENTED SMALL BUSINESSES.

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

(1) in subparagraph (G), by striking “and” at the end;

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

(3) by adding at the end the following:

“(I) provide educational resources and host events to raise awareness of capital raising options for—

“(i) underrepresented small businesses, including women-owned and minority-owned small businesses;

“(ii) businesses located in rural areas; and

“(iii) small businesses affected by hurricanes or other natural disasters; and

“(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.”.

SEC. 5425. IMPROVEMENTS BY COUNTRIES IN COMBATING NARCOTICS-RELATED MONEY LAUNDERING.

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

(1) in the matter before subparagraph (A), by striking “paragraph (3)(D)” and inserting “paragraph (3)(C)”; and

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

“(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—

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

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

“(iii) status changes in international financial crime-related evaluations;

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

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

SEC. 5426. STUDY ON THE ROLE OF ONLINE PLATFORMS AND TENANT SCREENING COMPANIES IN THE HOUSING MARKET.

(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—

(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;

(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;

(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

(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.

(b) Reports.—

(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—

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

(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.

(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.

SEC. 5427. 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.

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

“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.

“(a) In General.—The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank—

“(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

“(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—

“(A) the subsidy is awarded using an open, competitive process;

“(B) the subsidy is awarded on an open access basis; or

“(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.

“(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.

“(c) Definitions.—In this section:

“(1) Multilateral development bank.—The term ‘multilateral development bank’ has the meaning given in section 1701(c)(4).

“(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.”.

SEC. 5428. UNITED STATES CONTRIBUTION TO THE CATASTROPHE CONTAINMENT AND RELIEF TRUST AT THE INTERNATIONAL MONETARY FUND.

(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.

(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.

SEC. 5429. 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.

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

“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.

“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.”.

SEC. 5430. UNITED STATES POLICY ON INTERNATIONAL FINANCE CORPORATION DISCLOSURE OF HIGH AND SUBSTANTIAL RISK SUB-PROJECTS OF FINANCIAL INTERMEDIARY CLIENTS.

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

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

“(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:

“(1) The name, city, and sector for all sub-projects.

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

“(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.

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

“(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—

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

“(2) a description of any opposition from management, shareholders, and clients to the adoption of the policy.”.

SEC. 5431. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT BANK DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION.

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:

“SEC. 1507. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT BANK DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION.

“(a) In General.—The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank—

“(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

“(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.

“(b) Definitions.—In this section:

“(1) Multilateral development bank.—The term ‘multilateral development bank’ has the meaning given in section 1701(c)(4).

“(2) Beneficial owner.—The term ‘beneficial owner’ has the meaning given in section 5336(3) of title 31, United States Code.”.

SEC. 5432. STRENGTHENING THE SEC’S WHISTLEBLOWER FUND.

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

(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

(2) in clause (ii)—

(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)”;

(B) by striking “Fund” and inserting “fund”; and

(C) by striking “balance of the disgorgement fund” and inserting “balance of the Fund”.

SEC. 5433. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE’S REPUBLIC OF CHINA.

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

“SEC. 1632. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE’S REPUBLIC OF CHINA.

“(a) In General.—The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution of the World Bank Group and at the Asian Development Bank to use the voice and vote of the United States at the respective institution to vote against the provision of any loan, extension of financial assistance, or technical assistance to the People’s Republic of China unless the Secretary of the Treasury has certified to the appropriate congressional committees that—

“(1) the Government of the People’s Republic of China and any lender owned or controlled by the Government of the People’s Republic of China have demonstrated a commitment—

“(A) to the rules and principles of the Paris Club, or of other similar coordinated multilateral initiatives on debt relief and debt restructuring in which the United States participates, including with respect to debt transparency and appropriate burden- sharing among all creditors;

“(B) to the practice of presumptive public disclosure of the terms and conditions on which they extend credit to other governments (without regard to the form of any such extension of credit);

“(C) not to enforce any agreement terms that may impair their own or the borrowers’ capacity fully to implement any commitment described in subparagraph (A) or (B); and

“(D) not to enter into any agreement containing terms that may impair their own or the borrowers’ capacity fully to implement any commitment described in subparagraph (A) or (B); or

“(2) the loan or assistance is important to the national interest of the United States, as described in a detailed explanation by the Secretary to accompany the certification.

“(b) Definitions.—In this section:

“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate.

“(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.”.

(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.

SEC. 5434. ADDITION OF UNITED KINGDOM AND AUSTRALIA AS DPA DOMESTIC SOURCES.

Section 702(7)(A) of the Defense Production Act of 1950 (50 U.S.C. 4552(7)(A)) is amended by striking “United States or Canada” and inserting “United States, the United Kingdom of Great Britain and Northern Ireland, Australia, or Canada”.

SEC. 5435. SERVICEMEMBER PROTECTIONS FOR MEDICAL DEBT COLLECTIONS.

(a) Amendments to the Fair Debt Collection Practices Act.—

(1) Definition.—Section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a) is amended by adding at the end the following:

“(9) The term ‘medical debt’ means a debt arising from the receipt of medical services, products, or devices.”.

(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:

“(9) Engaging in activities to collect or attempting to collect a medical debt owed or due or asserted to be owed or due by a consumer who was a member of the Armed Forces at the time such debt was incurred, before the end of the 2-year period beginning on the date that the first payment with respect to such medical debt is due.”.

(b) Prohibition on Consumer Reporting Agencies Reporting Certain Medical Debt With Respect to Members of the Armed Forces.—

(1) Definition.—Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: “(bb) Medical Debt.—The term ‘medical debt’ means a debt arising from the receipt of medical services, products, or devices.

“(cc) Medically Necessary Procedure.—The term ‘medically necessary procedure’ means—

“(1) health care services or supplies needed to diagnose or treat an illness, injury, condition, disease, or its symptoms and that meet accepted standards of medicine; and

“(2) health care to prevent illness or detect illness at an early stage, when treatment is likely to work best (including preventive services such as pap tests, flu shots, and screening mammograms).”.

(2) In general.—Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended—

(A) in paragraph (7), by adding at the end the following: “This paragraph shall not be subject to section 625(b)(1)(E).”;

(B) in paragraph (8), by adding at the end the following: “This paragraph shall not be subject to section 625(b)(1)(E).”; and

(C) by adding at the end the following new paragraphs:

“(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).

“(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).”.

(c) Requirements for Furnishers of Medical Debt Information With Respect to Members of the Armed Forces.—

(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:

“(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:

“(1) A notification that the medical debt—

“(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—

“(i) the date on which the person sends the statement;

“(ii) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

“(iii) the date described under section 605(a)(10); and

“(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.

“(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.

“(3) A notification that the consumer may—

“(A) communicate with an insurance company to determine coverage for the debt; or

“(B) apply for financial assistance.”.

(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:

“(g) Furnishing of Medical Debt Information With Respect to Members of the Armed Forces.—

“(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.

“(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—

“(A) the date on which the person sends the statement described under subsection (f) to the consumer;

“(B) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

“(C) the date described in section 605(a)(10).

“(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).

“(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.”.

(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.

(e) Discretionary Surplus Funds.—

(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.

(2) Effective date.—The amendment made by paragraph (1) shall take effect on September 30, 2032.

SEC. 5436. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.

(a) Definitions.—Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended—

(1) in subsection (q), by amending paragraph (1) to read as follows:

“(1) Uniformed consumer.—The term ‘uniformed consumer’ means a consumer who is—

“(A) a member of the—

“(i) uniformed services (as such term is defined in section 101(a)(5) of title 10, United States Code); or

“(ii) National Guard (as such term is defined in section 101(c)(1) of title 10, United States Code); and

“(B) in active service (as such term is defined in section 101(d)(3) of title 10, United States Code), including full-time duty in the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration.”; and

(2) by adding at the end the following: “(bb) Deployed Uniformed Consumer.—The term ‘deployed uniformed consumer’ means an uniformed consumer who—

“(1) serves—

“(A) in a combat zone (as such term is defined in section 112(c)(2) of title 26, United States Code); or

“(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

“(C) in a deployment (as such term is defined in section 991(b) of title 10, United States Code); and

“(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).”.

(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—

(1) in subsection (a), by adding at the end the following:

“(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

(2) by adding at the end the following:

“(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.”.

(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—

(1) in subsection (c)—

(A) by striking “Upon” and inserting the following:

“(1) In general.—Upon”;

(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

(C) by adding at the end the following:

“(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—

“(A) that the agency has received such item of adverse information, along with a description of the item; and

“(B) the method by which the consumer can dispute the validity of the item.

“(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

(2) in subsection (e), by amending paragraph (3) to read as follows:

“(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).”.

(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”.

(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.

SEC. 5437. FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS.

(a) Enhanced Protection Against Debt Collector Harassment of Servicemembers.—

(1) Communication in connection with debt collection.— Section 805 of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended by adding at the end the following:

“(e) Communications Concerning Servicemember Debts.—

“(1) Definition.—In this subsection, the term ‘covered member’ means—

“(A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and

“(B)(i) an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or

“(ii) a person, with respect to an individual described in clause (i), described in subparagraph (A),

(D), (E), or (I) of section 1072(2) of title 10, United States Code.

“(2) Prohibitions.—A debt collector may not, in connection with the collection of any debt of a covered member—

“(A) threaten to have the covered member reduced in rank;

“(B) threaten to have the covered member’s security clearance revoked; or

“(C) threaten to have the covered member prosecuted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”.

(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:

“(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—

“(A) a reduction in rank of the covered member;

“(B) a revocation of the covered member’s security clearance; or

“(C) prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”.

(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—

(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);

(2) military readiness; and

(3) national security, including the extent to which covered members with security clearances would be impacted by uncollected debt.

(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.

SEC. 5438. FAIR HIRING IN BANKING.

(a) Federal Deposit Insurance Act.—Section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) is amended—

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

“(c) Exceptions.—

“(1) Certain older offenses.—

“(A) In general.—With respect to an individual, subsection (a) shall not apply to an offense if—

“(i) it has been 7 years or more since the offense occurred; or

“(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.

“(B) Offenses committed by individuals 21 or younger.—For individuals who committed an offense when they were 21 years of age or younger, subsection (a) shall not apply to the offense if it has been more than 30 months since the sentencing occurred.

“(C) Limitation.—This paragraph shall not apply to an offense described under subsection (a)(2).

“(2) Expungement and sealing.—With respect to an individual, subsection (a) shall not apply to an offense if—

“(A) there is an order of expungement, sealing, or dismissal that has been issued in regard to the conviction in connection with such offense; and

“(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.

“(3) De minimis exemption.—

“(A) In general.—Subsection (a) shall not apply to such de minimis offenses as the Corporation determines, by rule.

“(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—

“(i) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and

“(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.

“(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.

“(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

(2) by adding at the end the following:

“(f) Consent Applications.—

“(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.

“(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—

“(A) shall be reviewed by such office;

“(B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation; and

“(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.

“(3) Individual applications filed with regional offices.—Consent applications filed at a regional office by an individual—

“(A) shall be reviewed by such office; and

“(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—

“(i) cases involving an offense described under subsection (a)(2); and

“(ii) such other high-level security cases as may be designated by the Corporation.

“(4) National office review.—The national office of the Corporation shall—

“(A) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and

“(B) review any consent application that is denied by a regional office, if the individual requests a review by the national office.

“(5) Forms and instructions.—

“(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.

“(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.

“(6) Consideration of criminal history.—

“(A) Regional office consideration.—In reviewing a consent application, a regional office shall—

“(i) primarily rely on the criminal history record of the Federal Bureau of Investigation; and

“(ii) provide such record to the applicant to review for accuracy.

“(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.

“(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—

“(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;

“(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

“(C) consider any additional information the Corporation determines necessary for safety and soundness.

“(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.

“(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.

“(g) Definitions.—In this section:

“(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).

“(2) Criminal offense involving dishonesty.—The term ‘criminal offense involving dishonesty’—

“(A) means an offense under which an individual, directly or indirectly—

“(i) cheats or defrauds; or

“(ii) wrongfully takes property belonging to another in violation of a criminal statute;

“(B) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and

“(C) does not include—

“(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

“(ii) an offense involving the possession of controlled substances.

“(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.”.

(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:

“(4) Exceptions.—

“(A) Certain older offenses.—

“(i) In general.—With respect to an individual, paragraph (1) shall not apply to an offense if—

“(I) it has been 7 years or more since the offense occurred; or

“(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.

“(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.

“(iii) Limitation.—This subparagraph shall not apply to an offense described under paragraph (1)(B).

“(B) Expungement and sealing.—With respect to an individual, paragraph (1) shall not apply to an offense if—

“(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

“(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.

“(C) De minimis exemption.—

“(i) In general.—Paragraph (1) shall not apply to such de minimis offenses as the Board determines, by rule.

“(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—

“(I) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and

“(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.

“(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.

“(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.

“(5) Consent applications.—

“(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.

“(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—

“(i) shall be reviewed by such office;

“(ii) may be approved or denied by such office, if such authority has been delegated to such office by the Board; and

“(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.

“(C) Individual applications filed with regional offices.—Consent applications filed at a regional office by an individual—

“(i) shall be reviewed by such office; and

“(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—

“(I) cases involving an offense described under paragraph (1)(B); and

“(II) such other high-level security cases as may be designated by the Board.

“(D) National office review.—The national office of the Board shall—

“(i) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and

“(ii) review any consent application that is denied by a regional office, if the individual requests a review by the national office.

“(E) Forms and instructions.—

“(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.

“(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.

“(F) Consideration of criminal history.—

“(i) Regional office consideration.—In reviewing a consent application, a regional office shall—

“(I) primarily rely on the criminal history record of the Federal Bureau of Investigation; and

“(II) provide such record to the applicant to review for accuracy.

“(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.

“(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—

“(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;

“(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

“(iii) consider any additional information the Board determines necessary for safety and soundness.

“(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.

“(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.

“(6) Definitions.—In this subsection:

“(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).

“(B) Criminal offense involving dishonesty.—The term ‘criminal offense involving dishonesty’—

“(i) means an offense under which an individual, directly or indirectly—

“(I) cheats or defrauds; or

“(II) wrongfully takes property belonging to another in violation of a criminal statute;

“(ii) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and

“(iii) does not include—

“(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

“(II) an offense involving the possession of controlled substances.

“(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.”.

(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—

(1) review the rules issued to carry out this Act and the amendments made by this Act on—

(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));

(B) the number of applications for consent applications under such sections; and

(C) the rates of approval and denial for consent applications under such sections;

(2) make the results of the review required under paragraph

(1) available to the public; and

(3) issue a report to Congress containing any legislative or regulatory recommendations for expanding employment opportunities for those with a previous minor criminal offense.

(d) Discretionary Surplus Fund.—

(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.

(2) Effective date.—The amendment made by subsection (a) shall take effect on September 30, 2032.

SEC. 5439. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.

Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that includes a copy of any license issued by the Secretary in the preceding 180 days that authorizes a United States financial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) to provide financial services benefitting—

(1) a state sponsor of terrorism; or

(2) a person sanctioned pursuant to any of the following:

(A) Section 404 of the Russia and Moldova Jackson- Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112-208).

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

(C) Executive Order No. 13818.

SEC. 5440. UKRAINE DEBT PAYMENT RELIEF.

(a) Suspension of Multilateral Debt Payments of Ukraine.—

(1) United states position in the international financial institutions.—The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice, vote, and influence of the United States to advocate that the respective institution immediately suspend all debt service payments owed to the institution by Ukraine.

(2) Official bilateral and commercial debt service payment relief.—The Secretary of the Treasury, working in coordination with the Secretary of State, shall commence immediate efforts with other governments and commercial creditor groups, through the Paris Club of Official Creditors and other bilateral and multilateral frameworks, both formal and informal, to pursue comprehensive debt payment relief for Ukraine.

(3) Multilateral financial support for ukraine.—The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to support, to the maximum extent practicable, the provision of concessional financial assistance for Ukraine.

(4) Multilateral financial support for refugees.—The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to seek to provide economic support for refugees from Ukraine, including refugees of African descent, and for countries receiving refugees from Ukraine.

(b) Report to the Congress.—Not later than December 31 of each year, the President shall—

(1) submit to the Committees on Financial Services, on Appropriations, and on Foreign Affairs of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate, a report on the activities undertaken under this section; and

(2) make public a copy of the report.

(c) Waiver and Termination.—

(1) Waiver.—The President may waive the preceding provisions of this section if the President determines that a waiver is in the national interest of the United States and reports to the Congress an explanation of the reasons therefor.

(2) Termination.—The preceding provisions of this section shall have no force or effect on or after the date that is 7 years after the date of the enactment of this Act.

SEC. 5441. GRANT PROGRAM FOR GRANDFAMILY HOUSING.

(a) In General.—Title II of the LEGACY Act of 2003 (12 U.S.C. 1790q note) is amended by adding at the end the following:

“SEC. 206. GRANT PROGRAM.

“(a) In General.—The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units.

“(b) Application.—To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

“(c) Use of Grant Amounts.—An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with—

“(1) employing a service coordinator to—

“(A) offer onsite services to intergenerational families, including tutoring, health care services, afterschool care, and activities that are age appropriate for children of various ages of development; and

“(B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act (42 U.S.C. 674(a)(7));

“(2) facilitating outreach to intergenerational families as described in subsection (d);

“(3) planning and offering services to intergenerational families; and

“(4) retrofitting and maintaining existing spaces within the property that contains the intergenerational dwelling unit for the services and programs provided to intergenerational families.

“(d) Outreach.—

“(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—

“(A) performing periodic informational outreach; and

“(B) planning and executing events for intergenerational families.

“(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.

“(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.

“(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.”.

(b) VAWA Protections.—Section 41411(a)(3) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is amended—

(1) by redesignating subparagraphs (O) and (P) as subparagraphs (P) and (Q), respectively; and

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

“(O) the program established under the Grandfamily Housing Act of 2022;”.

(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—

(1) describes the effectiveness of the grant program established under section 206 of the LEGACY Act of 2003, as added by subsection (a); and

(2) makes recommendations for legislative changes that could allow for the grant program to be more effective.

SEC. 5442. FLEXIBILITY IN ADDRESSING RURAL HOMELESSNESS.

Subsection (a) of section 423 of subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383(a)) is amended by adding at the end the following:

“(13) Projects in rural areas that consist of one or more of the following activities:

“(A) Payment of short-term emergency lodging, including in motels or shelters, directly or through vouchers.

“(B) Repairs to units—

“(i) in which homeless individuals and families will be housed; or

“(ii) which are currently not fit for human habitation.

“(C) Staff training, professional development, skill development, and staff retention activities.”.

SEC. 5443. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION.

(a) In General.—The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended—

(1) in section 1103(a) (12 U.S.C. 3332(a))—

(A) in paragraph (3), by striking “and” at the end;

(B) in paragraph (4), by striking the period at the end and inserting a semicolon;

(C) in paragraph (5), by striking the period at the end and inserting a semicolon;

(D) in paragraph (6), by striking the period at the end and inserting “a semicolon; and”; and

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

“(7) administer the grant program under section 1122(j).”;

(2) in section 1106 (12 U.S.C. 3335)—

(A) by inserting “(a) In General.—” before “The Appraisal Subcommittee”;

(B) by striking the comma after “comment”;

(C) by inserting before “Any regulations” the following:

“(b) Regulations.—”; and

(D) in subsection (a) (as so designated by subparagraph (A) of this paragraph), by adding at the end the following: “The Appraisal Subcommittee may coordinate, and enter into agreements, with private industry stakeholders (including appraisal management companies and industry associations) to facilitate activities and practices that ensure diversity among individuals newly hired as appraisers in their first employment positions in the appraisal industry.”; and

(3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection:

“(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.—

“(1) In general.—The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession.

“(2) Eligible activities.—Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include—

“(A) funding scholarships;

“(B) providing training and education;

“(C) providing implicit bias training for appraisers; and

“(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee.

“(3) Allocation of funds.—In making grants under this subsection, the Appraisal Subcommittee shall—

“(A) allocate 50 percent of the funds made available to part B institutions (as such term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)) or universities with degree programs approved by the Appraiser Qualifications Board or a relevant State regulatory agency for—

“(i) scholarships for students of color who want to pursue a career in real estate appraisal; and

“(ii) subsidizing living expenses for those students while in training; and

“(B) allocate 20 percent of the funds to cover the cost of fulfilling the experience requirements or other applicable requirements that the students described under subparagraph (A) will need to complete in order to become appraisers.

“(4) Administrative costs.—The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection.

“(5) Reports.—For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender.”.

(b) Authorization of Appropriations.—There is authorized to be appropriated to the Appraisal Subcommittee for carrying out the amendments made by this section, including for making grants authorized by such amendments, $50,000,000 for each of fiscal years 2023 through 2027.

SEC. 5444. COMBATING TRADE-BASED MONEY LAUNDERING.

(a) Findings.—Congress finds the following:

(1) Trade-based money laundering is among the most widely used and least understood forms of money laundering, disguising proceeds of crime by moving value through international trade transactions in an attempt to legitimize illicit origins of money or products.

(2) The transnational nature and complexity of trade-based money laundering make detection and investigation exceedingly difficult.

(3) Drug trafficking organizations, terrorist organizations, and other transnational criminal organizations have succeeded at trade-based money laundering despite the best efforts of United States law enforcement.

(4) Trade-based money laundering includes other offenses such as tax evasion, disruption of markets, profit loss for businesses, and corruption of government officials, and constitutes a persistent threat to the economy and security of the United States.

(5) Trade-based money laundering can result in the decreased collection of customs duties as a result of the undervaluation of imports and fraudulent cargo manifests.

(6) Trade-based money laundering can decrease tax revenue collected as a result of the sale of underpriced goods in the marketplace.

(7) Trade-based money laundering is one mechanism by which counterfeiters infiltrate supply chains, threatening the quality and safety of consumer, industrial, and military products.

(8) Drug trafficking organizations collaborate with Chinese criminal networks to launder profits from drug trafficking through Chinese messaging applications.

(9) On March 16, 2021, the Commander of the United States Southern Command, Admiral Faller, testified to the Committee on Armed Services of the Senate that transnational criminal organizations “market in drugs and people and guns and illegal mining, and one of the prime sources that underwrites their efforts is Chinese money-laundering”.

(10) The deaths and violence associated with drug traffickers, the financing of terrorist organizations and other violent non-state actors, and the adulteration of supply chains with counterfeit goods showcase the danger trade-based money laundering poses to the United States.

(11) Trade-based money laundering undermines national security and the rule of law in countries where it takes place.

(12) Illicit profits for transnational criminal organizations and other criminal organizations can lead to instability globally.

(13) The United States is facing a drug use and overdose epidemic, as well as an increase in consumption of synthetic drugs, such as methamphetamine and fentanyl, which is often enabled by Chinese money laundering organizations operating in coordination with drug-trafficking organizations and transnational criminal organizations in the Western Hemisphere that use trade-based money laundering to disguise the proceeds of drug trafficking.

(14) The presence of drug traffickers in the United States and their intrinsic connection to international threat networks, as well as the use of licit trade to further their motives, is a national security concern.

(15) Drug-trafficking organizations frequently use the trade-based money laundering scheme known as the “Black Market Peso Exchange” to move their ill-gotten gains out of the United States and into Central and South America.

(16) United States ports and U.S. Customs and Border Protection do not have the capacity to properly examine the 60,000,000 shipping containers that pass through United States ports annually, with only 2 to 5 percent of that cargo actively inspected.

(17) Trade-based money laundering can only be combated effectively if the intelligence community, law enforcement agencies, the Department of State, the Department of Defense, the Department of the Treasury, the Department of Homeland Security, the Department of Justice, and the private sector work together.

(18) Drug-trafficking organizations, terrorist organizations, and other transnational criminal organizations disguise the proceeds of their illegal activities behind sophisticated mechanisms that operate seamlessly between licit and illicit trade and financial transactions, making it almost impossible to address without international cooperation.

(19) The United States has established Trade Transparency Units with 18 partner countries, including with major drug- producing and transit countries, to facilitate the increased exchange of import-export data to combat trade-based money laundering.

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

(1) the activities of transnational criminal organizations and their networks, and the means by which such organizations and networks move and launder their ill-gotten gains, such as through the use of illicit economies, illicit trade, and trade- based money laundering, pose a threat to the national interests and national security of the United States and allies and partners of the United States around the world;

(2) in addition to considering the countering of illicit economies, illicit trade, and trade-based money laundering as a national priority and committing to detect, address, and prevent such activities, the President should—

(A) continue to assess, in the periodic national risk assessments on money laundering, terrorist financing, and proliferation financing conducted by the Department of the Treasury, the ongoing risks of trade- based money laundering;

(B) finalize the assessment described in the Explanatory Statement accompanying the Financial Services and General Government Appropriations Act, 2020 (division C of the Consolidated Appropriations Act, 2020 (Public Law 116-93)), which directs the Financial Crimes Enforcement Network of the Department of the Treasury to thoroughly assess the risk that trade-based money laundering and other forms of illicit finance pose to national security;

(C) work expeditiously to develop, finalize, and execute a strategy, as described in section 6506 of the Anti-Money Laundering Act of 2020 (title LXV of division F of Public Law 116-283; 134 Stat. 4631), drawing on the multiple instruments of United States national power available, to counter—

(i) the activities of transnational criminal organizations, including illicit trade and trade-based money laundering; and

(ii) the illicit economies such organizations operate in;

(D) coordinate with international partners to implement that strategy, exhorting those partners to strengthen their approaches to combating transnational criminal organizations; and

(E) review that strategy on a biennial basis and improve it as needed in order to most effectively address illicit economies, illicit trade, and trade- based money laundering by exploring the use of emerging technologies and other new avenues for interrupting and putting an end to those activities; and

(3) the Trade Transparency Unit program of the Department of Homeland Security should take steps to strengthen its work, including in countries that the Department of State has identified as major money laundering jurisdictions under section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h).

SEC. 5445. DISCLOSURE OF DISABILITY, VETERAN, AND MILITARY STATUS.

Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking “age,” and inserting “age, veteran and military status, disability status,”.

SEC. 5446. STRENGTHENING CYBERSECURITY FOR THE FINANCIAL SECTOR.

(a) Regulation and Examination of Credit Union Organizations and Service Providers.—Section 206A of the Federal Credit Union Act (12 U.S.C. 1786a) is amended—

(1) in subsection (a)(1), by striking “that” and inserting “an”;

(2) in subsection (c)(2), by inserting after “shall notify the Board” the following: “, in a manner and method prescribed by the Board,”; and

(3) by striking subsection (f) and inserting the following:

“(f) Exercise of Authority.—To minimize duplicative efforts, prior to conducting any examination of a credit union organization under the authority provided to the Board under this section, the Board shall first seek to collect any information which the Board intends to acquire through such examination from—

“(1) any Federal regulatory agencies that supervise any activity of that credit union organization; and

“(2) any Federal banking agency that supervises any other person who maintains an ownership interest in that credit union organization.”.

(b) GAO Study on FHFA’s Regulation of Service Providers.—

(1) Study.—The Comptroller General of the United States shall carry out a study on the Federal Housing Finance Agency’s authority and regulation of service providers to its regulated entities, including the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks.

(2) Report.—Not later than the end of the 12-month period beginning on the date of the enactment of this Act, the Comptroller General shall issue a report to Congress containing—

(A) all findings and determinations made in carrying out the study required under paragraph (1);

(B) an analysis of the Federal Housing Finance Agency’s existing authority, how service providers to the Federal Housing Finance Agency’s regulated entities are currently regulated, and risks to the regulated entities associated with third-party service providers; and

(C) recommendations for legislative and administrative action.

SEC. 5447. REVIEW OF IMF LOAN SURCHARGE POLICY.

(a) Findings.—The Congress finds as follows:

(1) The International Monetary Fund (in this section referred to as the “IMF”) imposes a surcharge, in addition to standard interest and service fees, of 200 basis points on outstanding credit provided through its General Resources Account that exceeds 187.5 percent of the IMF country quota, and an additional 100 basis points if that credit has been outstanding for over 36 or 51 months, depending on the facility.

(2) According to the IMF, “These level and time-based surcharges are intended to help mitigate credit risk by providing members with incentives to limit their demand for Fund assistance and encourage timely repurchases while at the same time generating income for the Fund to accumulate precautionary balances.”.

(3) According to a 2021 report by the European Network on Debt and Development, surcharges increase the average cost of borrowing from the IMF by over 64 percent for surcharged countries. Surcharges increased Ukraine’s borrowing costs on its IMF lending program by nearly 27 percent, Jordan’s by 72 percent, and Egypt’s by over 104 percent.

(4) As a result of Russia’s invasion, the World Bank predicts that Ukraine will experience an economic contraction of 45 percent in 2022. Yet Ukraine is expected to pay the IMF an estimated $483,000,000 in surcharges from 2021 through 2027.

(5) The Ukraine Comprehensive Debt Payment Relief Act of 2022 (H.R.7081), which requires the Department of Treasury to make efforts to secure debt relief for Ukraine, was passed by the House of Representatives on May 11, 2022, with overwhelming bipartisan support, by a vote of 362 Yeas to 56 Nays.

(6) As a result of the war in Ukraine and other factors, the World Bank predicted that global growth rates will slow to 2.9 percent in 2022, down nearly half from 2021. External public debt of developing economies is at record levels, and the World Bank, IMF, and United Nations have all warned of coming defaults and a potential global debt crisis. As food and energy prices rise, the World Food Program has estimated that 750,000 people are at immediate risk of starvation or death, and 323,000,000 people may experience acute food insecurity before the end of the year.

(7) Since 2020, the number of countries paying surcharges to the IMF has increased from 9 to 16. A December 2021 IMF policy paper, notes that under the IMF’s model-based World Economic Outlook scenario “the number of surcharge-paying members would increase to 38 in FY 2024 and FY 2025” and that under the Fund’s “adverse scenario, the number of surcharge- paying members and the amount of surcharge income would increase even more sharply”.

(8) An April 2022 brief from the United Nations Global Crisis Response Group on Food, Energy and Finance on the impacts of the war in Ukraine on developing countries called for the immediate suspension of surcharge payments for a minimum of 2 years, because “[s]urcharges do not make sense during a global crisis since the need for more financing does not stem from national conditions but from the global economy shock”.

(b) Review of Surcharge Policy at the International Monetary Fund.—The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to—

(1) initiate an immediate review by the IMF of the surcharge policy of the IMF to be completed, and its results and underlying data published, within 365 days; and

(2) suspend and waive surcharge payments during the pendency of the review.

(c) Components of the Review of Surcharge Policy.—The review referred to in subsection (b) shall include the following:

(1) A borrower-by-borrower analysis of surcharges in terms of cost and as a percentage of national spending on debt service on IMF loans, food security, and health for the 5-year period beginning at the start of the COVID-19 pandemic.

(2) Evaluation of the policy’s direct impact on—

(A) disincentivizing large and prolonged reliance on Fund credit;

(B) mitigating the credit risks taken by the IMF;

(C) improving borrower balance of payments and debt sustainability, particularly during periods of contraction, unrest, and pandemic;

(D) promoting fiscally responsible policy reforms;

(E) disincentivizing borrowers from seeking opaque and potentially predatory bilateral loans; and

(F) improving the ability of borrowers to repay private creditors and access the private credit market.

(3) Recommendations for—

(A) Identifying alternative sources of funding for the IMF’s precautionary balances that prioritize stable funding sources and equitable burden-sharing among IMF members;

(B) Determining whether the Fund should maintain, reform, temporarily suspend or eliminate the use of surcharges.

(4) The review process must incorporate extensive consultation with relevant experts, particularly those from countries that are currently paying or have recently paid surcharges. These experts should include government officials responsible for overseeing economic development, social services, and defense, United Nations officials, economic research institutes, academics, and civil society organizations.

SEC. 5448. GRANTS TO ELIGIBLE ENTITIES FOR ENHANCED PROTECTION OF SENIOR INVESTORS AND SENIOR POLICYHOLDERS.

(a) In General.—Section 989A of the Investor Protection and Securities Reform Act of 2010 (15 U.S.C. 5537) is amended to read as follows:

“SEC. 989A. GRANTS TO ELIGIBLE ENTITIES FOR ENHANCED PROTECTION OF SENIOR INVESTORS AND SENIOR POLICYHOLDERS.

“(a) Definitions.—In this section:

“(1) Eligible entity.—The term ‘eligible entity’ means—

“(A) the securities commission (or any agency or office performing like functions) of any State; and

“(B) the insurance department (or any agency or office performing like functions) of any State.

“(2) Senior.—The term ‘senior’ means any individual who has attained the age of 62 years or older.

“(3) Senior financial fraud.—The term ‘senior financial fraud’ means a fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or a fiduciary, that—

“(A) uses the resources of a senior for monetary or personal benefit, profit, or gain;

“(B) results in depriving a senior of rightful access to or use of benefits, resources, belongings, or assets; or

“(C) is an action described in section 1348 of title 18, United States Code, that is taken against a senior.

“(4) Task force.—The term ‘task force’ means the task force established under subsection (b)(1).

“(b) Grant Program.—

“(1) Task force.—

“(A) In general.—The Commission shall establish a task force to carry out the grant program under paragraph (2).

“(B) Membership.—The task force shall consist of the following members:

“(i) A Chair of the task force, who—

“(I) shall be appointed by the Chairman of the Commission, in consultation with the Commissioners of the Commission; and

“(II) may be a representative of the Office of the Investor Advocate of the Commission, the Division of Enforcement of the Commission, or such other representative as the Commission determines appropriate.

“(ii) If the Chair is not a representative of the Office of the Investor Advocate of the Commission, a representative of such Office.

“(iii) If the Chair is not a representative of the Division of Enforcement of the Commission, a representative of such Division.

“(iv) Such other representatives as the Commission determines appropriate.

“(C) Detail of executive agency employees.—Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of that Federal agency to the Commission to assist it in carrying out its functions under this section. The detail of any such personnel shall be without interruption or loss of civil service status or privilege.

“(2) Grants.—The task force shall carry out a program under which the task force shall make grants, on a competitive basis, to eligible entities, which—

“(A) may use the grant funds—

“(i) to hire staff to identify, investigate, and prosecute (through civil, administrative, or criminal enforcement actions) cases involving senior financial fraud;

“(ii) to fund technology, equipment, and training for regulators, prosecutors, and law enforcement officers, in order to identify, investigate, and prosecute cases involving senior financial fraud;

“(iii) to provide educational materials and training to seniors to increase awareness and understanding of senior financial fraud;

“(iv) to develop comprehensive plans to combat senior financial fraud; and

“(v) to enhance provisions of State law to provide protection from senior financial fraud; and

“(B) may not use the grant funds for any indirect expense, such as rent, utilities, or any other general administrative cost that is not directly related to the purpose of the grant program.

“(3) Authority of task force.—In carrying out paragraph

(2), the task force—

“(A) may consult with staff of the Commission; and

“(B) shall make public all actions of the task force relating to carrying out that paragraph.

“(c) Applications.—An eligible entity desiring a grant under this section shall submit an application to the task force, in such form and in such a manner as the task force may determine, that includes—

“(1) a proposal for activities to protect seniors from senior financial fraud that are proposed to be funded using a grant under this section, including—

“(A) an identification of the scope of the problem of senior financial fraud in the applicable State;

“(B) a description of how the proposed activities would—

“(i) protect seniors from senior financial fraud, including by proactively identifying victims of senior financial fraud;

“(ii) assist in the investigation and prosecution of those committing senior financial fraud; and

“(iii) discourage and reduce cases of senior financial fraud; and

“(C) a description of how the proposed activities would be coordinated with other State efforts; and

“(2) any other information that the task force determines appropriate.

“(d) Performance Objectives; Reporting Requirements; Audits.—

“(1) In general.—The task force—

“(A) may establish such performance objectives and reporting requirements for eligible entities receiving a grant under this section as the task force determines are necessary to carry out and assess the effectiveness of the program under this section; and

“(B) shall require each eligible entity that receives a grant under this section to submit to the task force a detailed accounting of the use of grant funds, which shall be submitted at such time, in such form, and containing such information as the task force may require.

“(2) Report.—Not later than 2 years, and again not later than 5 years, after the date of the enactment of the Empowering States to Protect Seniors from Bad Actors Act, the task force shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that—

“(A) specifies each recipient of a grant under this section;

“(B) includes a description of the programs that are supported by each such grant; and

“(C) includes an evaluation by the task force of the effectiveness of such grants.

“(3) Audits.—The task force shall annually conduct an audit of the program under this section to ensure that eligible entities to which grants are made under that program are, for the year covered by the audit, using grant funds for the intended purposes of those funds.

“(e) Maximum Amount.—The amount of a grant to an eligible entity under this section may not exceed $500,000, which the task force shall adjust annually to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

“(f) Subgrants.—An eligible entity that receives a grant under this section may, in consultation with the task force, make a subgrant, as the eligible entity determines is necessary or appropriate—

“(1) to carry out the activities described in subsection

(b)(2)(A); and

“(2) which may not be used for any activity described in subsection (b)(2)(B).

“(g) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2028.”.

(b) Conforming Amendment.—The table of contents in section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 989A and inserting the following:

“Sec. 989A. Grants to eligible entities for enhanced protection of senior investors and senior policyholders.”.

SEC. 5449. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.

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

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

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

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

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

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

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

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

(III) Executive Order No. 13818.

(2) Form of report.—The report required under paragraph

(1) shall be submitted in unclassified form but may contain a classified annex.

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

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

(ii) of such subparagraph (B); or

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

(c) Definitions.—For purposes of this section:

(1) Financial institution.—The term “financial institution” means a United States financial institution or a foreign financial institution.

(2) Foreign financial institution.—The term “foreign financial institution” has the meaning given that term under section 561.308 of title 31, Code of Federal Regulations.

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

(4) United states financial institution.—The term “United States financial institution” has the meaning given the term “U.S. financial institution” under section 561.309 of title 31, Code of Federal Regulations.

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

SEC. 5450. BUREAU SERVICEMEMBER AND VETERAN CREDIT REPORTING OMBUDSPERSON.

(a) In General.—Section 611(a) of the Fair Credit Reporting Act (15 U.S.C. 1681i(a)) is amended by adding at the end the following:

“(9) Bureau servicemember and veteran credit reporting ombudsperson.—

“(A) In general.—Not later than 180 days after the date of enactment of this paragraph, the Bureau shall establish the position of servicemember and veteran credit reporting ombudsperson, who shall carry out the Bureau’s responsibilities with respect to—

“(i) resolving persistent errors that are not resolved in a timely manner by a consumer reporting agency in connection with servicemembers and veterans; and

“(ii) enhancing oversight of consumer reporting agencies by—

“(I) advising the Director of the Bureau, in consultation with the Office of Enforcement and the Office of Supervision of the Bureau, on any potential violations of paragraph (5) or any other applicable law by a consumer reporting agency in connection with servicemembers and veterans, including appropriate corrective action for such a violation; and

“(II) making referrals to the Office of Supervision for supervisory action or the Office of Enforcement for enforcement action, as appropriate, in response to violations of paragraph (5) or any other applicable law by a consumer reporting agency in connection with servicemembers and veterans.

“(B) Consultation with veterans service organizations.—The servicemember and veteran credit reporting ombudsperson shall consult with veterans service organizations in carrying out the duties of the ombudsperson.

“(C) Report.—The ombudsperson shall submit to the Committees on Financial Services and Veterans’ Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Veterans’ Affairs of the Senate an annual report including statistics and analysis on consumer complaints the Bureau receives relating to consumer reports in connection with servicemembers and veterans, as well as a summary of the supervisory actions and enforcement actions taken with respect to consumer reporting agencies in connection with servicemembers and veterans during the year covered by the report.”.

(b) Discretionary Surplus Funds.—

(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 $18,000,000.

(2) Effective date.—The amendment made by paragraph (1) shall take effect on September 30, 2032.

SEC. 5451. SENIOR INVESTOR TASKFORCE.

(a) In General.—Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following:

“(k) Senior Investor Taskforce.—

“(1) Establishment.—There is established within the Commission the Senior Investor Taskforce (in this subsection referred to as the ‘Taskforce’).

“(2) Director of the taskforce.—The head of the Taskforce shall be the Director, who shall—

“(A) report directly to the Chairman; and

“(B) be appointed by the Chairman, in consultation with the Commission, from among individuals—

“(i) currently employed by the Commission or from outside of the Commission; and

“(ii) having experience in advocating for the interests of senior investors.

“(3) Staffing.—The Chairman shall ensure that—

“(A) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and

“(B) such staff shall include individuals from the Division of Enforcement, Office of Compliance Inspections and Examinations, and Office of Investor Education and Advocacy.

“(4) No compensation for members of taskforce.—All members of the Taskforce appointed under paragraph (2) or (3) shall serve without compensation in addition to that received for their services as officers or employees of the United States.

“(5) Minimizing duplication of efforts.—In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described under paragraph (3)(B) and any other divisions, offices, or taskforces of the Commission.

“(6) Functions of the taskforce.—The Taskforce shall—

“(A) identify challenges that senior investors encounter, including problems associated with financial exploitation and cognitive decline;

“(B) identify areas in which senior investors would benefit from changes in the regulations of the Commission or the rules of self-regulatory organizations;

“(C) coordinate, as appropriate, with other offices within the Commission, other taskforces that may be established within the Commission, self- regulatory organizations, and the Elder Justice Coordinating Council; and

“(D) consult, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and other Federal agencies.

“(7) Report.—The Taskforce, in coordination, as appropriate, with the Office of the Investor Advocate and self- regulatory organizations, and in consultation, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and Federal agencies, shall issue a report every 2 years to the Committee on Banking, Housing, and Urban Affairs and the Special Committee on Aging of the Senate and the Committee on Financial Services of the House of Representatives, the first of which shall not be issued until after the report described in section 5403(b) of the National Defense Authorization Act for Fiscal Year 2023 has been issued and considered by the Taskforce, containing—

“(A) appropriate statistical information and full and substantive analysis;

“(B) a summary of recent trends and innovations that have impacted the investment landscape for senior investors;

“(C) a summary of regulatory initiatives that have concentrated on senior investors and industry practices related to senior investors;

“(D) key observations, best practices, and areas needing improvement, involving senior investors identified during examinations, enforcement actions, and investor education outreach;

“(E) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services;

“(F) an analysis with regard to existing policies and procedures of brokers, dealers, investment advisers, and other market participants related to senior investors and senior investor-related topics and whether these policies and procedures need to be further developed or refined;

“(G) recommendations for such changes to the regulations, guidance, and orders of the Commission and self-regulatory organizations and such legislative actions as may be appropriate to resolve problems encountered by senior investors; and

“(H) any other information, as determined appropriate by the Director of the Taskforce.

“(8) Request for reports.—The Taskforce shall make any report issued under paragraph (7) available to a Member of Congress who requests such a report.

“(9) Sunset.—The Taskforce shall terminate after the end of the 10-year period beginning on the date of the enactment of this subsection.

“(10) Senior investor defined.—For purposes of this subsection, the term ‘senior investor’ means an investor over the age of 65.

“(11) Use of existing funds.—The Commission shall use existing funds to carry out this subsection.”.

(b) GAO Study.—

(1) In general.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Senior Investor Taskforce the results of a study of financial exploitation of senior citizens.

(2) Contents.—The study required under paragraph (1) shall include information with respect to—

(A) economic costs of the financial exploitation of senior citizens—

(i) associated with losses by victims that were incurred as a result of the financial exploitation of senior citizens;

(ii) incurred by State and Federal agencies, law enforcement and investigatory agencies, public benefit programs, public health programs, and other public programs as a result of the financial exploitation of senior citizens;

(iii) incurred by the private sector as a result of the financial exploitation of senior citizens; and

(iv) any other relevant costs that—

(I) result from the financial exploitation of senior citizens; and

(II) the Comptroller General determines are necessary and appropriate to include in order to provide Congress and the public with a full and accurate understanding of the economic costs resulting from the financial exploitation of senior citizens in the United States;

(B) frequency of senior financial exploitation and correlated or contributing factors—

(i) information about percentage of senior citizens financially exploited each year; and

(ii) information about factors contributing to increased risk of exploitation, including such factors as race, social isolation, income, net worth, religion, region, occupation, education, home-ownership, illness, and loss of spouse; and

(C) policy responses and reporting of senior financial exploitation—

(i) the degree to which financial exploitation of senior citizens unreported to authorities;

(ii) the reasons that financial exploitation may be unreported to authorities;

(iii) to the extent that suspected elder financial exploitation is currently being reported—

(I) information regarding which Federal, State, and local agencies are receiving reports, including adult protective services, law enforcement, industry, regulators, and professional licensing boards;

(II) information regarding what information is being collected by such agencies; and

(III) information regarding the actions that are taken by such agencies upon receipt of the report and any limits on the agencies’ ability to prevent exploitation, such as jurisdictional limits, a lack of expertise, resource challenges, or limiting criteria with regard to the types of victims they are permitted to serve;

(iv) an analysis of gaps that may exist in empowering Federal, State, and local agencies to prevent senior exploitation or respond effectively to suspected senior financial exploitation; and

(v) an analysis of the legal hurdles that prevent Federal, State, and local agencies from effectively partnering with each other and private professionals to effectively respond to senior financial exploitation.

(3) Senior citizen defined.—For purposes of this subsection, the term “senior citizen” means an individual over the age of 65.

SEC. 5452. MILITARY SERVICE QUESTION.

(a) In General.—Subpart A of part 2 of subtitle A of title VIII of the Housing and Community Development Act of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the end the following:

“SEC. 1329. UNIFORM RESIDENTIAL LOAN APPLICATION.

“The Director shall, not later than 6 months after the date of the enactment of this section, require each enterprise to—

“(1) include a military service question on the form known as the Uniform Residential Loan Application; and

“(2) position such question above the signature line of the Uniform Residential Loan Application.”.

(b) Rulemaking.—The Director of the Federal Housing Finance Agency shall, not later than 6 months after the date of the enactment of this section, issue a rule to carry out the amendment made by this section.

SEC. 5453. PROHIBITION ON TRADING AHEAD BY MARKET MAKERS.

(a) In General.—Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following:

“(p) Prohibition on Trading Ahead by Market Makers.—

“(1) In general.—With respect to a person acting in the capacity of a market maker, if the person accepts an order with respect to a security from a customer, including a broker or dealer—

“(A) the market maker has a duty of trust and loyalty to the customer arising from the receipt of such order; and

“(B) the information in such order is material, non-public information that may be used only in furtherance of executing such customer’s order.

“(2) Annual ceo certification.—The Chief Executive Officer of each person that acts in the capacity of a market maker shall issue an annual certification to the Commission, in such form and manner as the Commission may prescribe by rule, that certifies that—

“(A) the person has performed reasonable due diligence during the reporting period to ensure that the person has not violated the duty of trust and loyalty described under paragraph (1)(A) or used the information described under paragraph (1)(B) in a prohibited fashion; and

“(B) the person has not violated the duty of trust and loyalty described under paragraph (1)(A) or used the information described under paragraph (1)(B) in a prohibited fashion during the reporting period.

“(3) Personal liability.—

“(A) Fine for individual violations.—Any associated person of a market maker who knowingly and willfully causes the market maker to violate paragraph

(1) (or who directs another agent or associated person of the market maker to commit such a violation or engage in such acts that result in the associated person being personally unjustly enriched) shall be fined in an amount equal to the greater of—

“(i) two times the amount of profit realized by reason of such violation; or

“(ii) $50,000.

“(B) Course of conduct.—Any associated person of a market maker who knowingly and willfully causes the market maker to engage in a course of conduct of knowingly and willfully violating paragraph (1) (or who directs another agent or associated person of the market maker to commit such a violation or engage in such acts that result in the associated person being personally unjustly enriched) shall be—

“(i) fined in an amount not to exceed 200 percent of the compensation (including stock options awarded as compensation) received by such associated person from the market maker—

“(I) during the time period in which the violations occurred; or

“(II) in the one- to three-year time period preceding the date on which the violations were discovered; and

“(ii) imprisoned for not more than 5 years.

“(C) Associated person defined.—The term ‘associated person’ means an associated person of a broker or dealer.

“(4) Rulemaking.—Not later than the end of the 90-day period beginning on the date of enactment of this subsection, the Commission—

“(A) shall issue rules to carry out this subsection; and

“(B) may provide exemptions from the requirements of this subsection, by rule, if the Commission determines that such exemptions would promote market integrity and are necessary or appropriate in the public interest or for the protection of investors.”.

(b) Sense of Congress.—It is the sense of the Congress that the prohibitions added by this section should complement, and not replace, existing rules of self-regulatory organizations applicable to their members, including brokers and dealers.

(c) Effective Date.—Section 15(p) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect after the end of the 180-day period beginning on the date of enactment of this Act.

SEC. 5454. SECURING AMERICA’S VACCINES FOR EMERGENCIES.

(a) Securing Essential Medical Materials.—

(1) Statement of policy.—Section 2(b) of the Defense Production Act of 1950 (50 U.S.C. 4502) is amended—

(A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and

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

“(3) authorities under this Act should be used when appropriate to ensure the availability of medical materials essential to national defense, including through measures designed to secure the drug supply chain, and taking into consideration the importance of United States competitiveness, scientific leadership and cooperation, and innovative capacity;”.

(2) Strengthening domestic capability.—Section 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended—

(A) in subsection (a), by inserting “(including medical materials)” after “materials”; and

(B) in subsection (b)(1), by inserting “(including medical materials such as drugs, devices, and biological products to diagnose, cure, mitigate, treat, or prevent disease that are essential to national defense)” after “essential materials”.

(3) Strategy on securing supply chains for medical materials.—Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is amended by adding at the end the following:

“SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.

“(a) In General.—Not later than 180 days after the date of the enactment of this section, the President, in consultation with the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of Defense, shall transmit a strategy to the appropriate Members of Congress that includes the following:

“(1) A detailed plan to use the authorities under this title and title III, or any other provision of law, to ensure the supply of medical materials (including drugs, devices, and biological products (as that term is defined in section 351 of the Public Health Service Act (42 U.S.C. 262)) to diagnose, cure, mitigate, treat, or prevent disease) essential to national defense, to the extent necessary for the purposes of this Act.

“(2) An analysis of vulnerabilities to existing supply chains for such medical materials, and recommendations to address the vulnerabilities.

“(3) Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense.

“(4) A discussion of—

“(A) any significant effects resulting from the plan and measures described in this subsection on the production, cost, or distribution of biological products (as that term is defined in section 351 of the Public Health Service Act (42 U.S.C. 262)) or any other devices or drugs (as defined under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.));

“(B) a timeline to ensure that essential components of the supply chain for medical materials are not under the exclusive control of a foreign government in a manner that the President determines could threaten the national defense of the United States; and

“(C) efforts to mitigate any risks resulting from the plan and measures described in this subsection to United States competitiveness, scientific leadership, and innovative capacity, including efforts to cooperate and proactively engage with United States allies.

“(b) Progress Report.—Following submission of the strategy under subsection (a), the President shall submit to the appropriate Members of Congress an annual progress report until September 30, 2025, evaluating the implementation of the strategy, and may include updates to the strategy as appropriate. The strategy and progress reports shall be submitted in unclassified form but may contain a classified annex.

“(c) Appropriate Members of Congress.—The term ‘appropriate Members of Congress’ means the Speaker, majority leader, and minority leader of the House of Representatives, the majority leader and minority leader of the Senate, the Chairman and Ranking Member of the Committee on Energy and Commerce of the House of Representatives, the Chairman and Ranking Member of the Committee on Financial Services of the House of Representatives, the Chairman and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Chairman and Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate.”.

(b) Investment in Supply Chain Security.—

(1) In general.—Section 303 of the Defense Production Act of 1950 (50 U.S.C. 4533) is amended by adding at the end the following:

“(h) Investment in Supply Chain Security.—

“(1) In general.—In addition to other authorities in this title, the President may make available to an eligible entity described in paragraph (2) payments to increase the security of supply chains and supply chain activities, if the President certifies to Congress not less than 30 days before making such a payment that the payment is critical to meet national defense requirements of the United States.

“(2) Eligible entity.—An eligible entity described in this paragraph is an entity that—

“(A) is organized under the laws of the United States or any jurisdiction within the United States; and

“(B) produces—

“(i) one or more critical components;

“(ii) critical technology; or

“(iii) one or more products or raw materials for the security of supply chains or supply chain activities.

“(3) Definitions.—In this subsection, the terms ‘supply chain’ and ‘supply chain activities’ have the meanings given those terms by the President by regulation.”.

(2) Regulations.—

(A) In general.—Not later than 90 days after the date of the enactment of this Act, the President shall prescribe regulations setting forth definitions for the terms “supply chain” and “supply chain activities” for the purposes of section 303(h) of the Defense Production Act of 1950 (50 U.S.C. 4533(h)), as added by paragraph (1).

(B) Scope of definitions.—The definitions required by subparagraph (A)—

(i) shall encompass—

(I) the organization, people, activities, information, and resources involved in the delivery and operation of a product or service used by the Government; or

(II) critical infrastructure as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience); and

(ii) may include variations as determined necessary and appropriate by the President for purposes of national defense.

SEC. 5455. SPECIAL DRAWING RIGHTS EXCHANGE PROHIBITION.

(a) In General.—The Secretary of the Treasury may not engage in any transaction involving the exchange of Special Drawing Rights issued by the International Monetary Fund that are held by the Russian Federation or Belarus.

(b) Advocacy.—The Secretary of the Treasury shall—

(1) vigorously advocate that the governments of the member countries of the International Monetary Fund, to the extent that the member countries issue freely usable currencies, prohibit transactions involving the exchange of Special Drawing Rights held by the Russian Federation or Belarus; and

(2) direct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose the provision of financial assistance to the Russian Federation and Belarus, except to address basic human needs of the civilian population.

(c) Termination.—The preceding provisions of this section shall have no force or effect on the earlier of—

(1) the date that is 5 years after the date of the enactment of this Act; or

(2) 30 days after the date that the President reports to the Congress that the governments of the Russian Federation and Belarus have ceased destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine.

(d) Waiver.—The President may waive the application of this section if the President reports to the Congress that the waiver is in the national interest of the United States and includes an explanation of the reasons therefor.

SEC. 5456. PROHIBITION ON INSIDER TRADING.

(a) In General.—The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 16 (15 U.S.C. 78p) the following:

“SEC. 16A. PROHIBITION ON INSIDER TRADING.

“(a) Prohibition Against Trading Securities While Aware of Material, Nonpublic Information.—It shall be unlawful for any person, directly or indirectly, to purchase, sell, or enter into, or cause the purchase or sale of, or entry into, any security, security-based swap, or security-based swap agreement if that person, at the time the person takes such an action—

“(1) has access to information relating to such security, security-based swap, or security-based swap agreement that is material and nonpublic and is aware (including if the person consciously avoids being aware), or recklessly disregards, that such information is material and nonpublic; and

“(2) is aware (including if the person consciously avoids being aware), or recklessly disregards, that—

“(A) the information described in paragraph (1) has been obtained wrongfully; or

“(B) the purchase, sale, or entry would constitute wrongful trading on the information described in paragraph (1).

“(b) Prohibition Against the Wrongful Communication of Certain Material, Nonpublic Information.—It shall be unlawful for any person, the purchase or sale of a security or security-based swap (or entry into a security-based swap agreement) by which would violate subsection

(a), to wrongfully communicate material, nonpublic information relating to that security, security-based swap, or security-based swap agreement to any other person, if—

“(1) the person communicating the information, at the time the person communicates the information, is aware (including if the person consciously avoids being aware), or recklessly disregards, that such communication would result in such a purchase, sale, or entry; and

“(2) any recipient of the wrongfully communicated information purchases, sells, or causes the purchase or sale of any security or security-based swap, or enters into (or causes the entry into) any security-based swap agreement, based on that communication.

“(c) Standard and Knowledge Requirement.—

“(1) Standard.—For purposes of this section, trading while aware of material, nonpublic information under subsection

(a), or communicating material, nonpublic information under subsection (b), is wrongful only if the information has been obtained by, or the communication or trading on the information would constitute, directly or indirectly—

“(A) theft, conversion, bribery, misrepresentation, espionage (through electronic or other means), or other unauthorized access of the information;

“(B) a violation of any Federal law protecting—

“(i) computer data; or

“(ii) the intellectual property or privacy of computer users;

“(C) misappropriation from a source of the information; or

“(D) a breach of any fiduciary duty to shareholders of an issuer for a direct or indirect personal benefit, including—

“(i) an existing or future pecuniary gain or reputational benefit; or

“(ii) a gift of confidential information to a relative or friend.

“(2) Knowledge requirement.—It shall not be necessary that a person trading while aware of information in violation of subsection (a), or making a communication in violation of subsection (b), knows the specific means by which the information was obtained or communicated or traded on, or the specific benefit described in paragraph (1)(D) that was received, paid, or promised by or to any person in the chain of communication, if the person trading while aware of the information or making the communication, as applicable, at the time the person makes the trade or communicates the information, is aware (including if the person consciously avoids being aware), or recklessly disregards, that the information was wrongfully obtained, wrongfully traded on, or wrongfully communicated.

“(d) Affirmative Defenses.—

“(1) In general.—The Commission may, by rule or by order, exempt any person, security, or transaction, or any class of persons, securities, or transactions, from any or all of the provisions of this section, upon such terms and conditions as the Commission considers necessary or appropriate in furtherance of the purposes of this title.

“(2) Rule 10b5-1 compliant transactions.—The prohibitions of this section shall not apply to any transaction that satisfies the requirements of section 240.10b5-1 of title 17, Code of Federal Regulations, or any successor regulation.

“(e) Rule of Construction.—The rights and remedies provided by this section shall be in addition to any and all other rights and remedies that may exist at law or in equity (without regard to whether such a right or remedy is provided under this Act) with respect to an action by a person to—

“(1) purchase, sell, or enter into a security, security- based swap, or security-based swap agreement while aware of material, nonpublic information; or

“(2) communicate material, nonpublic information relating to a security, security-based swap, or security-based swap agreement.”.

(b) Conforming Amendments.—The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended—

(1) in section 3(a)(78)(A) (15 U.S.C. 78c(a)(78)(A)), by inserting “16A,” after “16,”;

(2) in section 21(d)(2) (15 U.S.C. 78u(d)(2)), by striking “or the rules or regulations thereunder” and inserting “, section 16A of this title, or the rules or regulations under either such section”;

(3) in section 21A (15 U.S.C. 78u-1)—

(A) in subsection (g)(1), by striking “section 10(b) and Rule 10b-5 thereunder” and inserting “section 10(b), Rule 10b-5 thereunder, and section 16A”; and

(B) in subsection (h)(1), by striking “section 10(b), and Rule 10b-5 thereunder” and inserting “section 10(b), Rule 10b-5 thereunder, and section 16A”; and

(4) in section 21C(f) (15 U.S.C. 78u-3(f)), by striking “or the rules or regulations thereunder” and inserting “, section 16A, or the rules or regulations under either such section”.

SEC. 5457. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM.

(a) In General.—Title I of the Housing and Community Development Act of 1974 is amended—

(1) in section 101(c) (42 U.S.C. 5301(c))—

(A) in paragraph (8), by striking “and” at the end;

(B) in paragraph (9), by striking the period at the end and inserting “; and”; and

(C) by inserting after paragraph (9) and before the undesignated matter at the end the following:

“(10) in the case of grants awarded under section 123, the recovery from disasters and efforts to mitigate the effects of future disasters.”;

(2) in section 102(a) (42 U.S.C. 5302(a))—

(A) in paragraph (20)(A), by inserting before the last sentence the following: “The term ‘persons of middle income’ means families and individuals whose incomes exceed 80 percent, but do not exceed 120 percent, of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families.”; and

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

“(25) The term ‘major disaster’ has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).”;

(3) in section 106(c)(4) (42 U.S.C. 5306(c)(4))—

(A) in subparagraph (A)—

(i) by striking “declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act”; and

(ii) by inserting “major” before “disaster, any amounts”;

(B) in subparagraph (C), by inserting “major” before “disaster”; and

(C) in subparagraph (F), by inserting “major” before “disaster”;

(4) in section 122 (42 U.S.C. 5321)), by striking “disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act” and inserting “major disaster”; and

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

“SEC. 123. CDBG-DISASTER RECOVERY ASSISTANCE.

“(a) Authority; Use.—

“(1) In general.—The Secretary may provide assistance under this section to States, including Puerto Rico, units of general local government, and Indian tribes for necessary expenses for activities authorized under this title related to disaster relief, resiliency, long-term recovery, restoration of infrastructure and housing, mitigation, and economic revitalization in the most impacted and distressed areas (as such term shall be defined by the Secretary by regulation) resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

“(2) Authorization of appropriations.—For purposes of assistance under this section, there are authorized to be appropriated and made available in the Community Development Block Grant Declared Disaster Recovery Fund established under section 124, such sums as are necessary to respond to current or future disasters, which shall remain available until expended.

“(b) Allocation; Coordination.—

“(1) Allocation amounts.—The Secretary shall annually establish and publish on its website an unmet needs threshold for most impacted and distressed areas resulting from a major disaster that shall result in a grant under this section. In determining the amount allocated under this section for any grantee, the Secretary shall make allocations based on the best available data on unmet recover needs and include an additional amount, as determined by the Secretary, for mitigation, based on the best available research, the type of disaster, and such amounts awarded for mitigation for similar types of disasters in prior years. Such data may include information from the Federal Emergency Management Agency, the Small business Administration, and any other relevant Federal, State, or local agency, and data from the Bureau of the Census to assess the unmet needs of both homeowners and renters.

“(2) Deadlines for allocation.—Except as provided in paragraph (3), for any major disaster meeting the most impacted and distressed unmet need threshold requirements in paragraph

(1), the Secretary shall allocate funds available to a grantee for assistance under this section within 60 days of the date of a major disaster declaration or 60 days from when sufficient funds become available to make the allocation.

“(3) Inapplicability of deadlines based on insufficient information.—The deadlines under paragraph (2) for allocation of funds shall not apply in the case of funds made available for assistance under this section if Federal Emergency Management Agency has not made sufficient information available to the Secretary regarding relevant unmet recovery needs to make allocations in accordance with such deadlines. The Secretary shall notify the Congress of progress on or delay in receiving the necessary information within 60 days following declaration of such a major disaster and monthly thereafter until all necessary information is received.

“(4) Obligation of amounts by the secretary.—Subject to subsection (c)(1), the Secretary shall provide for the disbursement of the amounts allocated for a grantee, but shall require the grantee to be in substantial compliance with the requirements of this section before each such disbursement.

“(5) Coordination of disaster benefits and data with other federal agencies.—

“(A) Coordination of data.—The Secretary shall coordinate with other agencies to obtain data on recovery needs, including the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration, and other agencies when necessary regarding disaster benefits.

“(B) Coordination with fema.—The Secretary shall share with the Administrator of the Federal Emergency Management Agency, and make publicly available (with such redactions necessary to protect personally identifiable information), all data collected, possessed, or analyzed during the course of a disaster recovery for which assistance is provided under this section. Notwithstanding section 552a of title 5, U.S.C., or any other law, the Secretary may make data transfers pertaining to grants under this section with the FEMA Administrator, grantees, and academic and research institutions described in section 123(l)(3), which transfers may disclose information about an individual without the individual’s written consent, including the use and retention of this data for computer matching programs to assess disaster recovery needs and to prevent the duplication of benefits and other waste, fraud, and abuse; provided, that the Secretary shall enter a data sharing agreement before sharing or receiving any information under transfers authorized by this section. The data sharing agreements must, in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifying information of individuals. The data the Secretary shares with the Administrator shall include—

“(i) all data on damage caused by the disaster;

“(ii) information on how any Federal assistance provided in connection with the disaster is expended; and

“(iii) information regarding the effect of the disaster on education, transportation capabilities and dependence, housing needs, health care capacity, and displacement of persons.

“(C) Requirements regarding eligibility for direct assistance and duplication of benefits.—

“(i) Compliance.—Funds made available under this subsection shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D, Public Law 115-254), and such rules as may be prescribed under such section.

“(ii) Priority.—Households having the lowest incomes shall be prioritized for direct assistance under this subsection until all unmet needs are satisfied for families having an income up to 120 percent of the median for the area.

“(D) Treatment of duplicative benefits.—In any case in which a grantee provides assistance that duplicates benefits available to a person for the same purpose from another source, the grantee itself shall either (i) be subject to remedies for noncompliance under section 111, or (ii) bear responsibility for absorbing such cost of duplicative benefits and returning an amount equal to any duplicative benefits paid to the grantee’s funds available for use under this section or to the Community Development Block Grant Declared Disaster Recovery Fund under section 124, unless the Secretary issues a public determination by publication in the Federal Register that it is not in the best interest of the Federal Government to pursue such remedies based on hardships identified in subparagraph (E) or other reasons.

“(E) Waiver of recoupment.—A grantee of assistance from funds made available for use under this section may request a waiver from the Secretary of any recoupment by the Secretary of such funds for amounts owed by persons who have received such assistance from such funds and who have been defrauded, or after receiving assistance, have filed for bankruptcy, gone through a foreclosure procedure on property that received such assistance, or are deceased. If the grantee self-certifies to the Secretary in such request that it has verified that the individual conditions of each person it is requesting a waiver for meets one of the conditions specified in the preceding sentence, the Secretary may grant such waivers on the basis of grantee self-certification, issue a public determination by publication in the Federal Register that it is not in the best interest of the Federal Government to pursue such recoupment, and may conduct oversight to verify grantee self-certification and subject the grantee to remedies for noncompliance for any amounts that have not met such requirements.

“(F) Protection of personally identifiable information.—In carrying out this paragraph, the Secretary and the grantee shall take such actions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided from funds made available under this section is not made publicly available by the Department of Housing and Urban Development or any agency with which information is shared pursuant to this paragraph.

“(c) Plan for Use of Assistance.—

“(1) Requirement.—Not later than 90 days after the allocation pursuant to subsection (b)(1) of all of the funds made available by an appropriations Act for assistance under this section and before the Secretary obligates any of such funds for a grantee, the grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, which shall include, at a minimum—

“(A) criteria for eligibility for each proposed use of funds, including eligibility limits on income and geography, and a description of how each proposed use of such funds will comply with all civil rights and fair housing laws and will address disaster relief, resiliency, long-term recovery, restoration of infrastructure and housing, hazard mitigation, and economic revitalization in the most impacted and distressed areas, including, as appropriate, assistance for the benefit of impacted households experiencing homelessness as defined by section 103 of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11302) or at risk of homelessness as defined by section 401 of such Act (42 U.S.C. 11360);

“(B) an agreement to share data, disaggregated by the smallest census tract, block group, or block possible for the data set, with Federal agencies and other providers of disaster relief, which shall include information the grantee has regarding the matters described in subsection (b)(4)(B);

“(C) identification of officials and offices responsible for administering such funds and processes and procedures for identifying and recovering duplicate benefits;

“(D) for grantees other than Indian tribes, a plan for compliance with the Fair Housing Act, which may include, at the election of the grantee, providing for partnerships with local fair housing organizations and funding set-aside for local fair housing organizations to handle complaints relating to assistance with amounts made available for use under this section; and

“(E) a plan to provide for the funding and delivery of—

“(i) case management services to assist disaster-impacted residents in identifying, understanding, and accessing available assistance; and

“(ii) housing counseling services through housing counseling agencies approved by the Secretary to assist disaster-impacted residents with mortgage assistance, housing affordability, homeownership, tenancy, avoiding foreclosure and eviction, and other housing counseling topics;

“(F) a plan for addressing displacement or relocation caused by activities performed pursuant to this section, such a plan shall set forth how housing counseling services will be delivered in coordination with case management services; and

“(G) a plan for addressing displacement or relocation caused by activities performed pursuant to this section.

“(2) Implementation funding.—To speed recovery, the Secretary may award a portion of a grant for implementation purposes under this section at the time the Secretary announces the allocation of funds and before the Secretary has issued pre-grant certifications and the grantee has made required submissions to the Secretary, and with the following conditions:

“(A) Implementation funding under this paragraph shall not exceed 10 percent of the grant awarded under subsection (a).

“(B) Implementation funding shall be limited to eligible activities that, in the determination of the Secretary, will support faster recovery, improve the grantee’s ability to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse.

“(C) Awards under this subsection shall not be subject to the substantial compliance determination under subsection (b)(4).

“(3) Approval.—

“(A) In general.—The Secretary shall, by regulation, specify criteria for approval of plans under paragraph (1), including approval of substantial amendments to such plans.

“(B) Partial approval.—The Secretary may approve a plan addressing the use of funds for unmet recovery needs under paragraph (1) before approving a plan addressing the use of funds for mitigation.

“(4) Disapproval.—The Secretary shall disapprove a plan or substantial amendment to a plan if—

“(A) the plan or substantial amendment does not meet the approval criteria;

“(B) based on damage and unmet needs assessments of the Secretary and the Federal Emergency Management Administration or such other information as may be available, the plan or substantial amendment describing activities to address unmet recovery needs does not provide an allocation of resources that is reasonably proportional to unmet need—

“(i) between infrastructure and housing activities; and

“(ii) between homeowners, renters, and persons experiencing homelessness;

“(C) unless the plan is submitted by an Indian tribe, the plan or amendment does not provide an adequate plan for ensuring that funding provided under this section is used in compliance with the Fair Housing Act;

“(D) the plan or substantial amendment does not adequately address, as determined by the Secretary in regulation, the unmet needs for replacement or rehabilitation of certain disaster-damaged housing units, with cost adjustment where appropriate, including damaged dwelling units in public housing, as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)), projects receiving tax credits pursuant to section 42 of the Internal Revenue Code of 1986, or for projects assisted under section 8 of the Housing Act of 1937 (42 U.S.C. 1437f), under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), under the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.), under the community development block grant program under this title, or by the Housing Trust Fund under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) or any low and moderate income dwelling units demolished or converted to a use other than for housing for low and moderate income persons, as defined in section 104(d) of this Act (42 U.S.C. 5304(d));

“(E) the plan or substantial amendment does not use a percentage of the grant, as determined by the Secretary in regulation, for acquisition, rehabilitation, reconstruction, or other activities permitted by the Secretary to provide affordable rental housing to benefit persons of low and moderate income, which rental housing will, upon completion, be occupied by such persons; or

“(F) the plan or substantial amendment does not provide a process to provide applicants—

“(i) notice by grantee of applicant’s right to administrative appeal of any adverse action on the applicant’s application; and

“(ii) right to full discovery of applicant’s entire application file.

“(5) Public consultation.—In developing the plan required under paragraph (1), a grantee shall, at a minimum—

“(A) consult with affected residents, stakeholders, local governments, and public housing authorities to assess needs;

“(B) publish the plan in accordance with the requirements set forth by the Secretary, including a requirement to prominently post the plan on the website of the grantee for not less than 14 days;

“(C) ensure equal access for individuals with disabilities and individuals with limited English proficiency; and

“(D) publish the plan in a manner that affords citizens, affected local governments, and other interested parties a reasonable opportunity to examine the contents of the plan and provide feedback.

“(6) Resubmission.—The Secretary shall permit a grantee to revise and resubmit a disapproved plan or plan amendment.

“(7) Timing.—

“(A) In general.—The Secretary shall approve or disapprove a plan not later than 60 days after submission of the plan to the Secretary. The Secretary shall immediately notify the State, unit of general local government, or Indian tribe that submitted the plan or substantial amendment of the Secretary’s decision.

“(B) Disapproval.—If the Secretary disapproves a plan or a substantial amendment, not later than 15 days after such disapproval the Secretary shall inform the State, unit of general local government, or Indian tribe in writing of (i) the reasons for disapproval, and (ii) actions that the State, unit of general local government, or Indian tribe could take to meet the criteria for approval.

“(C) Substantial amendments; resubmission.—The Secretary shall, for a period of not less than 45 days following the date of disapproval, permit the revision and resubmission of any plan or substantial amendment that is disapproved. The Secretary shall approve or disapprove a resubmission of any plan or substantial amendment not less than 30 days after receipt of such substantial amendments or resubmission.

“(D) Grant agreements.—Subject to subsection

(b)(3), the Secretary shall ensure that all grant agreements necessary for prompt disbursement of funds allocated to a grantee are signed by the Secretary within 60 days of approval of grantee’s plan describing the use of such funds.

“(d) Financial Controls.—

“(1) Compliance system.—The Secretary shall develop and maintain a system to ensure that each grantee has and will maintain for the life of the grant—

“(A) proficient financial controls and procurement processes;

“(B) adequate procedures to ensure that eligible applicants are approved for assistance with amounts made available for use under this section and that recipients are provided the full amount of assistance for which they are eligible, subject to funding availability;

“(C) adequate procedures to prevent any duplication of benefits, as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure of funds, and to detect and prevent waste, fraud, and abuse of funds; and

“(D) adequate procedures to ensure the grantee will maintain comprehensive and publicly accessible websites that make available information regarding all disaster recovery activities assisted with such funds, which information shall include common reporting criteria established by the Secretary that permits individuals and entities awaiting assistance and the general public to see how all grant funds are used, including copies of all relevant, unredacted procurement documents, grantee administrative contracts and details of ongoing procurement processes, as determined by the Secretary.

“(2) Evaluation of compliance.—The Secretary shall provide, by regulation or guideline, a method for qualitatively and quantitatively evaluating compliance with the requirements under paragraph (1).

“(3) Certification.—Before making a grant, the Secretary shall certify in advance that the grantee has in place the processes and procedures required under subparagraphs (A) through (D) of paragraph (1), as determined by the Secretary. No additional certification is necessary if the Secretary has recently certified that the grantee has the required processes and procedures. The Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with requirements for adequate financial controls before disasters occur and before receiving an allocation for a grant under this section.

“(e) Use of Funds.—

“(1) Administrative costs.—

“(A) In general.—The Secretary shall establish by regulation the maximum grant amounts a State, unit of general local government, or Indian tribe may use for administrative costs, and for technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary. Amounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster.

“(B) Discretion to establish sliding scale.—The Secretary may establish a series of percentage limitations on the amount of grant funds received that may be used by a grantee for administrative costs, but only if—

“(i) such percentage limitations are based on the amount of grant funds received by a grantee;

“(ii) such series provides that the percentage that may be so used is lower for grantees receiving a greater amount of grant funds and such percentage that may be so used is higher for grantees receiving a lesser amount of grant funds; and

“(iii) in no case may a grantee so use more than 10 percent of grant funds received.

“(2) Limitations on use.—Amounts from a grant under this section may not be used for activities—

“(A) that are reimbursable, or for which funds are made available, by the Federal Emergency Management Agency, including under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Program; or

“(B) for which funds are made available by the Army Corps of Engineers.

“(3) HUD administrative costs.—

“(A) Limitation.—Of any funds made available to the Community Development Block Grant Declared Disaster Recovery Fund established under section 124 or otherwise made available for use under this section by any single appropriations Act, the Secretary may use 1 percent of any such amount for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts made available for use under this section.

“(B) Transfer of funds.—Any amounts made available for use in accordance with subparagraph (A)—

“(i) shall be transferred to the appropriate salaries and expenses account in the Community Development Block Grant Declared Disaster Recovery Fund established under section 124 for use by the Office of Disaster Recovery and Resilient Communities;

“(ii) shall remain available until expended; and

“(iii) may be used for administering any funds appropriated for the same purposes described in section 123(a) to the Community Development fund or Community Development Block Grant Declared Disaster Recovery Fund established under section 124 in any prior or future Act, notwithstanding the disaster for which such funds were appropriated.

“(4) Inspector general.—Of any funds made available for use in accordance with paragraph (3)(A), 15 percent shall be transferred to the Office of the Inspector General for necessary costs of audits, reviews, oversight, evaluation, and investigations relating to amounts made available for use under this section.

“(5) Capacity building.—Of any funds made available for use under this section, not more than 0.1 percent or $15,000,000, whichever is less, shall be made available to the Secretary for capacity building and technical assistance, including assistance regarding contracting and procurement processes, to support grantees and subgrantees receiving funds under this section.

“(6) Mitigation planning.—

“(A) Requirement.—The Secretary shall require each grantee to use a fixed percentage of any allocation for mitigation for comprehensive mitigation planning, subject to the limitations on funds in paragraph (2).

“(B) Amount.—The Secretary may establish such fixed percentage by regulation and may establish a lower percentage for grantees receiving a grant exceeding $1,000,000,000.

“(C) Coordination.—Each grantee shall ensure that such comprehensive mitigation planning is coordinated and aligned with existing comprehensive, land use, transportation, and economic development plans, and specifically analyze multiple types of hazard exposures and risks. Each grantee shall coordinate and align such mitigation planning with other mitigation projects funded by the Federal Emergency Management Agency, the Army Corps of Engineers, the Forest Service, and other agencies as appropriate.

“(D) Use of funds.—Such funds may be used for the purchase of data and development or updating of risk mapping for all relevant hazards.

“(E) Priority.—Grantees shall prioritize the expenditure of grant funds to support hazard mitigation and resiliency funds for activities primarily benefitting persons of low and moderate income with the greatest risk of harm from natural hazards.

“(7) Building safety.—

“(A) In general.—In consultation with the Administrator of the Federal Emergency Management Agency, the Secretary shall provide that no funds made available under this section shall be used for installation, substantial rehabilitation, reconstruction, or new construction of infrastructure or residential, commercial, or public buildings in hazard-prone areas, unless construction complies with paragraph (8) and with the latest published editions of relevant national consensus-based codes, and specifications and standards referenced therein, except that nothing in this section shall be construed to prohibit a grantee from requiring higher standards.

“(B) Savings provision.—Nothing in subparagraph

(A) shall be construed as a requirement for a grantee to adopt the latest published editions of relevant national consensus-based codes, specifications, and standards.

“(C) Compliance.—Compliance with this paragraph may be certified by a suitable design professional.

“(D) Definitions.—For purposes of this paragraph, the following definitions shall apply:

“(i) Hazard-prone areas.—The term ‘hazard-prone areas’ means areas identified by the Secretary, in consultation with the Administrator, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods (including special flood hazard areas), wildfires (including Wildland-Urban Interface areas), earthquakes, tornados, and high winds. The Secretary may consider future risks and the likelihood such risks may pose to protecting property and health, safety, and general welfare when making the determination of or modification to hazard-prone areas.

“(ii) Latest published editions.—The term ‘latest published editions’ means, with respect to relevant national consensus-based codes, and specifications and standards referenced therein, the two most recent published editions, including, if any, amendments made by States, units of general local government, or Indian tribes during the adoption process, that incorporate the latest natural hazard-resistant designs and establish criteria for the design, construction, and maintenance of structures and facilities that may be eligible for assistance under this section for the purposes of protecting the health, safety, and general welfare of a structure’s or facility’s users against disasters.

“(8) Flood risk mitigation.—

“(A) Requirements.—Subject to subparagraph (B), the Secretary shall require that any structure that is located in an area having special flood hazards and that is newly constructed, for which substantial damage is repaired, or that is substantially improved, using amounts made available under this section, shall be elevated with the lowest floor, including the basement, at least two feet above the base flood level, or to a future flood protection standard that provides equivalent protection and is developed in conjunction with the Administrator of the Federal Emergency Management Agency, except that critical facilities, including hospitals, nursing homes, and other public facilities providing social and economic lifelines, as defined by the Secretary, shall be elevated at least 3 feet above the base flood elevation (or higher if required under paragraph (7)).

“(B) Alternative mitigation.—In the case of existing structures consisting of multifamily housing and row houses, and other structures, as determined by the Secretary, the Secretary shall seek consultation with the Administrator of the Federal Emergency Management Agency, shall provide for alternative forms of mitigation (apart from elevation), and shall exempt from the requirement under subparagraph (A) any such structure that meets the standards for such an alternative form of mitigation.

“(C) Definitions.—For purposes of subparagraph

(A), the terms ‘area having special flood hazards’, ‘newly constructed’, ‘substantial damage’, ‘substantial improvement’, and ‘base flood level’ have the same meanings as under the Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

“(f) Administration.—In administering any amounts made available for assistance under this section, the Secretary—

“(1) may not allow a grantee to use any such amounts for any purpose other than the purpose approved by the Secretary in the plan or amended plan submitted under subsection (c) to the Secretary for use of such amounts; and

“(2) shall prohibit a grantee from delegating, by contract or otherwise, the responsibility for inherent government functions.

“(g) Training for Grant Management for Subgrantees.—The Secretary shall require each grantee to provide ongoing training to all staff and subgrantees.

“(h) Procurement Processes and Procedures for Grantees.—

“(1) Grantee processes and procedures.—In procuring property or services to be paid for in whole or in part with amounts from a grant under this section, a grantee shall—

“(A) follow its own procurement processes and procedures, but only if the Secretary makes a determination that such processes and procedures comply with the requirements under paragraph (2); or

“(B) comply with such processes and procedures as the Secretary shall, by regulation, establish for purposes of this section.

“(2) Requirements.—The requirements under this paragraph with respect to such processes and procedures shall—

“(A) provide for full and open competition and compliance with applicable statutory requirements on the use of Federal funds, and require cost or price analysis;

“(B) include requirements for procurement policies and procedures for subgrantees;

“(C) specify methods of procurement and their applicability, but not allow cost-plus-a-percentage-of cost or percentage-of-construction-cost methods of procurement;

“(D) include standards of conduct governing employees engaged in the award or administration of contracts; and

“(E) ensure that all purchase orders and contracts include any clauses required by Federal statute, Executive order, or implementing regulation.

“(i) Treatment of CDBG Allocations.—Amounts made available for use under this section shall not be considered relevant to the non- disaster formula allocations made pursuant to section 106 of this title (42 U.S.C. 5306).

“(j) Waivers.—

“(1) Authority.—Subject to the other provisions of this section, in administering amounts made available for use under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of such funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment and except for the requirements of this section), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purposes of this title.

“(2) Notice and publication.—Any waiver of or alternative requirement pursuant to paragraph (1) shall not take effect before the expiration of the 5-day period beginning upon the publication of notice in the Federal Register of such waiver or alternative requirement.

“(3) Applicable requirements and benefit to low- and moderate-income persons.—

“(A) In general.—The requirements in this Act that apply to grants made under section 106 of this title (except those related to the allocation) apply equally to grants under this section unless modified by a waiver or alternative requirement pursuant to paragraph (1).

“(B) Limitation.—Notwithstanding subparagraph

(A), the Secretary may not grant a waiver or alternative requirement to reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 70 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement and that funds are not necessary to address the housing needs of low- and moderate- income residents.

“(4) Prohibition.—The Secretary may not use the authority under paragraph (1) to waive any provision of this section.

“(k) Environmental Review.—

“(1) Adoption.—Notwithstanding subsection (j)(1), recipients of funds provided under this section that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval, or permit under section 104(g)(1) of this title (42 U.S.C. 5304(g)(1)).

“(2) Release of funds.—Notwithstanding section 104(g)(2) of this title (42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted with amounts made available for use under this section if the recipient has adopted an environmental review, approval or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(3) State actions.—The requirements of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government.

“(l) Collection of Information; Audits and Oversight.—

“(1) Collection of information.—For each major disaster for which assistance is made available under this section, the Secretary shall collect information from grantees regarding all recovery activities so assisted, including information on applicants and recipients of assistance, and shall make such information available to the public and to the Inspector General for the Department of Housing and Urban Development on a monthly basis using uniform data collection practices, and shall provide a quarterly update to the Congress regarding compliance with this section. Information collected and reported by grantees and the Secretary shall be disaggregated by program, race, income, geography, and all protected classes of individuals under the Americans with Disabilities Act of 1990, the Fair Housing Act, the Civil Rights Act of 1964, and other civil rights and nondiscrimination protections, with respect to the smallest census tract, block group, or block possible for the data set.

“(2) Availability of information.—In carrying out this paragraph, the Secretary may make full and unredacted information available to academic and research institutions for the purpose of research into the equitable distribution of recovery funds, adherence to civil rights protections, and other areas.

“(3) Protection of information.—The Secretary shall take such actions and make such redactions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided from funds made available under this section shall not made publicly available.

“(4) Audits and oversight.—In conducting audits, reviews, oversight, evaluation, and investigations, in addition to activities designed to prevent and detect waste, fraud, and abuse, the Inspector General shall review activities carried out by grantees under this section to ensure such programs fulfill their authorized purposes, as identified in the grantee’s action plan.

“(m) Plan Pre-Certification for States and Units of General Local Government.—

“(1) In general.—The Secretary shall carry out a program under this subsection to provide for States and units of general local government to pre-certify as eligible grantees for assistance under this section. The objective of such program shall be to—

“(A) allow grantees that have consistently demonstrated the ability to administer funds responsibly and equitably in similar disasters to utilize in subsequent years plans which are substantially similar to those the Department has previously approved; and

“(B) facilitate the re-use of a plan or its substantially similar equivalent by a pre-certified grantee for whom the plan has previously been approved and executed upon.

“(2) Requirements.—To be eligible for pre-certification under the program under this subsection a State or unit of general local government shall—

“(A) demonstrate to the satisfaction of the Secretary compliance with the requirements of this section; and

“(B) have previously submitted a plan or its substantially similar equivalent and received assistance thereunder as a grantee or subgrantee under this section, or with amounts made available for the Community Development Block Grant—Disaster Recovery account, in connection with two or more major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

“(3) Approval of plans.—

“(A) Expedited approval processes.—The Secretary shall establish and maintain processes for expediting approval of plans for States and units of general local government that are pre-certified under this subsection.

“(B) Effect of pre-certification.—Pre- certification pursuant to this subsection shall not—

“(i) establish any entitlement to, or priority or preference for, allocation of funds made available under this section; or

“(ii) exempt any grantee from complying with any of the requirements under, or established pursuant to, subsection (c) or (d).

“(4) Duration.—Pre-certification under this subsection shall be effective for a term of 5 years.

“(n) Deposit of Unused Amounts in Fund.—

“(1) Unmet needs.—If any amounts made available for assistance for unmet needs under this section to grantees remain unexpended upon the earlier of—

“(A) the date that the grantee of such amounts notifies the Secretary that the grantee has completed all activities identified in the grantee’s plan for use of such amounts that was approved by the Secretary in connection with such grant; or

“(B) the expiration of the 6-year period beginning upon the Secretary obligating such amounts to the grantee, as such period may be extended pursuant to paragraph (3); the Secretary may, subject to authority provided in advance by appropriations Acts, transfer such unexpended amounts to the Secretary of the Treasury for deposit into the Community Development Block Grant Declared Disaster Recovery Fund established under section 124, except that the Secretary may, by regulation, permit the grantee to retain amounts needed to close out the grant.

“(2) Mitigation.—If any amounts made available for assistance for mitigation under this section to grantees remain unexpended upon the earlier of—

“(A) the date that the grantee of such amounts notifies the Secretary that the grantee has completed all activities identified in the grantee’s plan for use of such amounts that was approved by the Secretary in connection with such grant; or

“(B) the expiration of the 12-year period beginning upon the Secretary obligating such amounts to the grantee, as such period may be extended pursuant to paragraph (3); the Secretary may, subject to authority provided in advance by appropriations Acts, transfer such unexpended amounts to the Secretary of the Treasury for deposit into the Community Development Block Grant Declared Disaster Recovery Fund established under section 124, except that the Secretary may, by regulation, permit the grantee to retain amounts needed to close out the grant.

“(3) Extension of period of performance.—

“(A) Unmet needs.—

“(i) In general.—The period of performance under paragraph (1)(B) shall be extended by not more than 4 years if, before the expiration of such 6-year period, the Secretary waives this requirement and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate that specifies the amended period of performance under the waiver.

“(ii) Insular areas.—For any amounts made available for unmet needs under this section to a grantee that is an insular area as defined in section 102, the Secretary may extend the period of performance under clause (i) by not more than an additional 4 years, and shall provide additional technical assistance to help increase capacity within the insular area receiving such extension. If the Secretary extends the period of performance pursuant to this subparagraph, the Secretary shall submit a written justification for such extension to the Committees on Appropriations of the House of Representatives and the Senate that specifies the period of such extension.

“(B) Mitigation.—The period under paragraph

(2)(B) shall be extended to a date determined by the Secretary if, before the expiration of such 12-year period, the Secretary issues a waiver to amend the period of performance and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate that specifies the amended period of performance under the waiver.

“(o) Best Practices.—

“(1) Study.—The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall identify best practices for grantees on issues including developing the action plan and substantial amendments under subsection (c) and substantive amendments, establishing financial controls, building grantee technical and administrative capacity, procurement, compliance with Fair Housing Act statute and regulations, and use of grant funds as local match for other sources of Federal funding. The Secretary shall publish a compilation of such identified best practices and share with all relevant grantees, including States, units of general local government, and Indian tribes to facilitate a more efficient and effective disaster recovery process. The compilation shall include—

“(A) guidelines for housing and economic revitalization programs, including mitigation, with sufficient model language on program design for grantees to incorporate into action plans; and

“(B) standards for at least form of application, determining unmet need, and income eligibility.

“(2) Expedited review.—

“(A) Requirements.—After publication of the final compilation required by paragraph (1), the Secretary shall issue either Federal regulations, as part of the final rule required under section 5403(b) of the National Defense Authorization Act for Fiscal Year 2023 or as a separate rule, or a Federal Register notice soliciting public comment for at least 60 days, that establishes grant requirements, including the requirements that grantees must follow in order to qualify for expedited review and approval of a plan or substantial amendment required by subsection (c) of this section.

“(B) Approval; disapproval.—The Secretary shall approve or disapprove plans or substantial amendments of grantees that comply with the requirements for such expedited review within 45 days.

“(C) Standardization.——The requirements for expedited review shall establish standard language for inclusion in action plans and substantial amendments under subsection (c) of this section and for establishing standardized programs and activities recognized by the Secretary.

“(D) Applicability of grant requirements.— Compliance with the requirements for expedited review shall not exempt grantees from complying with grant requirements, including requirements for public comment, community citizen participation, and establishing and maintaining a public website.

“(E) Revision.—The Secretary may revise the requirements for expedited review at any time after a public comment period of at least 60 days.

“(p) Definitions.—For purposes of this section:

“(1) Grantee.—The term ‘grantee’ means a recipient of funds made available under this section after its enactment.

“(2) Substantially similar.—The term ‘substantially similar’ means, with respect to a plan, a plan previously approved by the Department, administered successfully by the grantee, and relating to disasters of the same type.

“SEC. 124. COMMUNITY DEVELOPMENT BLOCK GRANT DECLARED DISASTER RECOVERY FUND.

“(a) Establishment.—There is established in the Treasury of the United States an account to be known as the Community Development Block Grant Declared Disaster Recovery Fund (in this section referred to as the ‘Fund’).

“(b) Amounts.—The Fund shall consist of any amounts appropriated to or deposited into the Fund, including amounts deposited into the Fund pursuant to section 123.

“(c) Use.—Amounts in the Fund shall be available, pursuant to the occurrence of a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, only for providing technical assistance and capacity building in connection with section 123 for grantees under such section that have been allocated assistance under such section in connection with such disaster to facilitate planning required under such section and increase capacity to administer assistance provided under such section, including for technical assistance and training building and fire officials, builders, contractors and subcontractors, architects, and other design and construction professionals regarding the latest published editions of national consensus-based codes, specifications, and standards (as such term is defined in section 123(e)(7)).”.

(b) Regulations.—

(1) Proposed rule.—Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue proposed rules to carry out sections 123 and 124 of the Housing and Community Development Act of 1974, as added by the amendment made by subsection (a) of this section, and shall provide a 60-day period for submission of public comments on such proposed rule.

(2) Final rule.—Not later than the expiration of the 24- month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Administrator of the Federal Emergency Management Agency, shall issue final regulations to carry out sections 123 and 124 of the Housing and Community Development Act of 1974, as added by the amendment made by subsection (a) of this section.

Subtitle B—SAFE Banking

SEC. 5461. SHORT TITLE; TABLE OF CONTENTS; PURPOSE.

(a) Short Title.—This subtitle may be cited as the “Secure And Fair Enforcement Banking Act of 2022” or the “SAFE Banking Act of 2022”.

(b) Table of Contents.—The table of contents for this subtitle is as follows:

Subtitle B—SAFE Banking

Sec. 5461. Short title; table of contents; purpose. Sec. 5462. Safe harbor for depository institutions. Sec. 5463. Protections for ancillary businesses. Sec. 5464. Protections under Federal law. Sec. 5465. Rules of construction. Sec. 5466. Requirements for filing suspicious activity reports. Sec. 5467. Guidance and examination procedures. Sec. 5468. Annual diversity and inclusion report. Sec. 5469. GAO study on diversity and inclusion. Sec. 5470. GAO study on effectiveness of certain reports on finding certain persons. Sec. 5471. Application of this subtitle with respect to hemp-related legitimate businesses and hemp-related service providers. Sec. 5472. Banking services for hemp-related legitimate businesses and hemp-related service providers. Sec. 5473. Requirements for deposit account termination requests and orders. Sec. 5474. Definitions. Sec. 5475. Discretionary surplus funds.

(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.

SEC. 5462. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.

(a) In General.—A Federal banking regulator may not—

(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;

(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;

(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—

(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;

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

(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;

(4) take any adverse or corrective supervisory action on a loan made to—

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

(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

(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

(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.

(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.

SEC. 5463. PROTECTIONS FOR ANCILLARY BUSINESSES.

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—

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

(2) the transaction involves proceeds from—

(A) cannabis-related activities described in section 5474(4)(B) conducted by a cannabis-related legitimate business; or

(B) activities described in section 5474(13)(A) conducted by a service provider.

SEC. 5464. PROTECTIONS UNDER FEDERAL LAW.

(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—

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

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

(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—

(1) solely for providing such a service; or

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

(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—

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

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

(d) Forfeiture.—

(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.

(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.

SEC. 5465. RULES OF CONSTRUCTION.

(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.

(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.

(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.).

SEC. 5466. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.

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

“(5) Requirements for cannabis-related legitimate businesses.—

“(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.

“(B) Definitions.—For purposes of this paragraph:

“(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).

“(ii) Cannabis-related legitimate business.—The term ‘cannabis-related legitimate business’ has the meaning given that term in section 5474 of the SAFE Banking Act of 2022.

“(iii) Indian country.—The term ‘Indian country’ has the meaning given that term in section 1151 of title 18.

“(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).

“(v) Financial service.—The term ‘financial service’ has the meaning given that term in section 5474 of the SAFE Banking Act of 2022.

“(vi) Service provider.—The term ‘service provider’ has the meaning given that term in section 5474 of the SAFE Banking Act of 2022.

“(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.”.

SEC. 5467. GUIDANCE AND EXAMINATION PROCEDURES.

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.

SEC. 5468. ANNUAL DIVERSITY AND INCLUSION REPORT.

The Federal banking regulators shall issue an annual report to Congress containing—

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

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

SEC. 5469. GAO STUDY ON DIVERSITY AND INCLUSION.

(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.

(b) Report.—The Comptroller General shall issue a report to the Congress—

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

(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.

SEC. 5470. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING CERTAIN PERSONS.

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:

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

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

SEC. 5471. APPLICATION OF THIS SUBTITLE WITH RESPECT TO HEMP-RELATED LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.

(a) In General.—The provisions of this subtitle (other than sections 5466 and 5470) 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.

(b) Definitions.—In this section:

(1) CBD.—The term “CBD” means cannabidiol.

(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).

(3) Hemp-related legitimate business.—The term “hemp- related legitimate business” means a manufacturer, producer, or any person or company that—

(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

(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.

(4) Hemp-related service provider.—The term “hemp-related service provider”—

(A) means a business, organization, or other person that—

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

(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

(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.

SEC. 5472. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.

(a) Findings.—The Congress finds that—

(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;

(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

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

(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—

(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

(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.

(c) Definitions.—In this section:

(1) Financial institution.—The term “financial institution”—

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

(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)).

(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 5471.

SEC. 5473. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND ORDERS.

(a) Termination Requests or Orders Must Be Valid.—

(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—

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

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

(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—

(A) poses a threat to national security;

(B) is involved in terrorist financing;

(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;

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

(C); or

(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).

(b) Notice Requirement.—

(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—

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

(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.

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

(c) Customer Notice.—

(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).

(2) Notice prohibited.—

(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.

(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.

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

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

(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.

(e) Definitions.—For purposes of this section:

(1) Appropriate federal banking agency.—The term “appropriate Federal banking agency” means—

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

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

(2) Depository institution.—The term “depository institution” means—

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

(B) an insured credit union.

SEC. 5474. DEFINITIONS.

In this subtitle:

(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).

(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).

(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.

(4) Cannabis-related legitimate business.—The term “cannabis-related legitimate business” means a manufacturer, producer, or any person or company that—

(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

(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.

(5) Depository institution.—The term “depository institution” means—

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

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

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

(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.

(7) Financial service.—The term “financial service”—

(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;

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

(i) a national bank or a financial subsidiary pursuant to the authority provided under—

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

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

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

(C) includes the business of insurance;

(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;

(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

(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.

(8) Indian country.—The term “Indian country” has the meaning given that term in section 1151 of title 18.

(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).

(10) Insurer.—The term “insurer” has the meaning given that term under section 313(r) of title 31, United States Code.

(11) Manufacturer.—The term “manufacturer” means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products.

(12) Producer.—The term “producer” means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis.

(13) Service provider.—The term “service provider”—

(A) means a business, organization, or other person that—

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

(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

(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.

(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.

SEC. 5475. DISCRETIONARY SURPLUS FUNDS.

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.

TITLE LV—NATURAL RESOURCES MATTERS

SEC. 5501. YSLETA DEL SUR PUEBLO AND ALABAMA-COUSHATTA TRIBES OF TEXAS EQUAL AND FAIR OPPORTUNITY AMENDMENT.

The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act (Public Law 100-89; 101 Stat. 666) is amended by adding at the end the following:

“SEC. 301. RULE OF CONSTRUCTION.

“Nothing in this Act shall be construed to preclude or limit the applicability of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).”.

SEC. 5502. INCLUSION OF COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS AND AMERICAN SAMOA.

The Wagner-Peyser Act is amended—

(1) in section 2(5) (29 U.S.C. 49a(5)), by inserting “the Commonwealth of the Northern Mariana Islands, American Samoa,” after “Guam,”;

(2) in section 5(b)(1) (29 U.S.C. 49d(b)(1)), by inserting “the Commonwealth of the Northern Mariana Islands, and American Samoa,” after “Guam,”;

(3) in section 6(a) (29 U.S.C. 49e(a))—

(A) by inserting “, the Commonwealth of the Northern Mariana Islands, and American Samoa” after “except for Guam”;

(B) by striking “allot to Guam” and inserting the following: “allot to—

“(1) Guam”;

(C) by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

“(2) the Commonwealth of the Northern Mariana Islands and American Samoa an amount which, in relation to the total amount available for the fiscal year, is equal to the allotment percentage that Guam received of amounts available under this Act in fiscal year 1983.”; and

(4) in section 6(b)(1) (29 U.S.C. 49e(b)(1)), in the matter following subparagraph (B), by inserting “, the Commonwealth of the Northern Mariana Islands, American Samoa,” after “does not include Guam”.

SEC. 5503. AMENDMENTS TO SIKES ACT.

(a) Use of Natural Features.—Section 101(a)(3)(A) of the Sikes Act (16 U.S.C. 670a(a)(3)(A)) is amended—

(1) by redesignating clauses (ii) and (iii) as clauses

(iii) and (iv), respectively; and

(2) by inserting after clause (i) the following:

“(ii) the use of natural and nature-based features to maintain or improve military installation resilience;”.

(b) Expanding and Making Permanent the Program for Invasive Species Management for Military Installations.—Section 101(g) of the Sikes Act (16 U.S.C. 670a(g)) is amended—

(1) by striking the header and inserting “Program for Invasive Species Management for Military Installations”; and

(2) in paragraph (1)—

(A) by striking “During fiscal years 2009 through 2014, the” and inserting “The”; and

(B) by striking “in Guam”.

SEC. 5504. BRENNAN REEF.

(a) Designation.—The reef described in subsection (b) shall be known and designated as “Brennan Reef”, in honor of the late Rear Admiral Richard T. Brennan of the National Oceanic and Atmospheric Administration.

(b) Reef Described.—The reef referred to in subsection (a) is—

(1) between San Miguel and Santa Rosa Islands on the north side of the San Miguel Passage in the Channel Island National Marine Sanctuary; and

(2) centered at 34 degrees 03.12 minutes North, 120 degrees 15.95 minutes West.

(c) References.—Any reference in any law, regulation, document, record, map, or other paper of the United States to the reef described in subsection (b) is deemed to be a reference to Brennan Reef.

SEC. 5505. ESTABLISHMENT OF FUND.

(a) Establishment.—Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to—

(1) improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands;

(2) to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate;

(3) to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change;

(4) to protect and enhance the biodiversity of wildlife populations across restoration and resilience lands;

(5) to support the health of restoration and resilience lands for the benefit of present and future generations;

(6) to foster innovative, nature-based solutions that help meet the goals of this section; and

(7) to enhance the nation’s natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable.

(b) Management of the Fund.—The Foundation shall manage the Fund—

(1) pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and

(2) in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established—

(A) ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and

(B) avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under—

(i) the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or

(ii) other coastal management focused programs.

(c) Competitive Grants.—

(1) In general.—To the extent amounts are available in the Fund, the Foundation shall award grants to eligible entities through a competitive grant process in accordance with procedures established pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out eligible projects and activities, including planning eligible projects and activities.

(2) Proposals.—The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section.

(d) Use of Amounts in the Fund.—

(1) Planning.—Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building.

(2) Administrative costs.—Not more than 4 percent of amounts appropriated annually to the Fund may be used by the Foundation for administrative expenses of the Fund or administration of competitive grants offered under the Fund.

(3) Priority.—Not less than $10,000,000 shall be awarded annually to support eligible projects and activities for Indian Tribes.

(4) Coordination.—The Secretary and Foundation shall ensure, to the greatest extent practicable and through meaningful consultation, that input from Indian Tribes, including traditional ecological knowledge, is incorporated in the planning and execution of eligible projects and activities.

(e) Reports.—

(1) Annual reports.—Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including—

(A) an accounting of expenditures made under the Fund, including leverage and match where applicable;

(B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and

(C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience.

(2) 5-Year reports.—Not later than 90 days after the end of the fifth full fiscal year after the date of enactment of this section, and not later than 90 days after the end every fifth fiscal year thereafter, the Foundation shall submit to the Secretary a report containing—

(A) a description of any socioeconomic, biodiversity, community resilience, or climate resilience or mitigation (including natural carbon sequestration), impacts generated by projects funded by grants awarded by the Fund, including measures and metrics illustrating these impacts;

(B) a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of—

(i) lands treated for invasive species;

(ii) lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire- management techniques; and

(iii) lands restored either from wildfire or other forms or degradation, including over- grazing and sedimentation;

(C) key findings for Congress, including any recommended changes to the authorization or purposes of the Fund;

(D) best practices for other Federal agencies in the administration of funds intended for land and habitat restoration;

(E) information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to section 6; and

(F) any other information that the Foundation considers relevant.

(3) Submission of reports to congress.—Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(4) Authorization of appropriations.—There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2023 through 2028 to carry out this section.

(f) Definitions.—For purposes of this section:

(1) The term “eligible entity” means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a non- profit organization, or an accredited institution of higher education.

(2) The term “eligible projects and activities” means projects and activities carried out by an eligible entity on public lands, tribal lands, or private land, or any combination thereof, to further the purposes for which the Fund is established, including planning and capacity building and projects and activities carried out in coordination with Federal, State, or tribal departments or agencies, or any department or agency of a subdivision of a State.

(3) The term “Foundation” means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).

(4) The term “Fund” means the Community Resilience and Restoration Fund established under subsection (a).

(5) The term “Indian Tribe” means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation in the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).

(6) The term “restoration and resilience lands” means fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian Tribes, including grasslands, shrublands, prairies, chapparal lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems.

(7) The term “public lands” means lands owned or controlled by the United States.

(8) The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.

(9) The term “State” means a State of the United States, the District of Columbia, any Indian Tribe, and any commonwealth, territory, or possession of the United States.

SEC. 5506. LEASING ON THE OUTER CONTINENTAL SHELF.

(a) Leasing Authorized.—Notwithstanding the Presidential Memorandum entitled “Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” (issued September 8, 2020) and the Presidential Memorandum entitled “Presidential Determination on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” (issued September 25, 2020), the Secretary of the Interior is authorized to grant leases pursuant to section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in the South Atlantic Planning Area, the Straits of Florida Planning Area, and the Mid Atlantic Planning Area designated by the Bureau of Ocean Energy Management as of September 25, 2020.

(b) Withdrawals.—Any Presidential withdrawal of an area of the Outer Continental Shelf from leasing under section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)) issued after the date of enactment of this section shall apply only to leasing authorized under subsections (a) and (i) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a) and 1337(i)), unless the withdrawal explicitly applies to other leasing authorized under such Act.

SEC. 5507. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.

(a) Completion of Trail.—

(1) In general.—Not later than November 10, 2028, the Secretary and the Secretary of the Interior shall, to the maximum extent practicable, ensure the completion of the Continental Divide National Scenic Trail as a contiguous route, consistent with the following provisions of the National Trails System Act:

(A) Section 3(a)(2) (16 U.S.C. 1242(a)(2)).

(B) Section 5(a)(5) (16 U.S.C. 1244(a)(5)).

(C) Section 7 (16 U.S.C. 1246).

(2) Priority of actions.—The Secretary and the Secretary of the Interior shall, to the maximum extent practicable, take necessary actions to achieve this goal, including the following steps, listed in order of priority:

(A) Complete the Continental Divide National Scenic Trail by acquiring land or an interest in land, or by encouraging States or local governments to enter into cooperative agreements to acquire interests in land, to eliminate gaps between sections of the Trail while maintaining the nature and purposes of the Trail.

(B) Optimize the Trail by relocating incompatible existing portions of the Trail on Federal land as necessary to provide for maximum outdoor recreation potential and for the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes, consistent with the Trail’s nature and purposes.

(C) Publish maps of the completed Trail corridor.

(b) Trail Completion Team.—

(1) In general.—In carrying out subsection (a), not later than 1 year after the date of the enactment of this section, the Secretary, in coordination with the Secretary of the Interior, shall establish a joint Forest Service and Bureau of Land Management trail completion team to work in coordination with the Trail Administrator to facilitate the completion and optimization of the Trail, pursuant to the purposes of section 3(a)(2) of the National Trails System Act (16 U.S.C. 1242(a)(2)) and the Trail’s nature and purposes.

(2) Duties of the team.—The Team shall:

(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—

(i) eliminates gaps between segments of the Trail;

(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;

(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

(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.

(B) Provide the necessary administrative and technical support to complete the Trail corridor under subsection (a).

(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.

(D) Support the Secretary in the development of the acquisition and development plan under subsection (c) and annual reports under subsection (f).

(c) Comprehensive Acquisition and Development Plan.—

(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.

(2) Contents of plan.—The comprehensive acquisition and development plan should—

(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;

(B) include a plan for closing such gaps by acquiring lands or interests in land; and

(C) include general and site-specific development plans, including anticipated costs.

(d) Method of Acquisition.—In carrying out this section, the Secretary and the Secretary of the Interior—

(1) may acquire land only by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange; and

(2) may not acquire land by eminent domain.

(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.

(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:

(1) The progress in acquiring land or interests in land to complete the Trail consistent with this section.

(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.

(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.

(4) The estimated amount of land or interests in land remaining to be acquired.

(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.

(g) Definitions.—In this section:

(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.

(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).

(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.

(4) Secretary.—The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(5) Team.—The term “Team” means the trail completion team established under subsection (b).

(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).

SEC. 5508. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA.

Section 6001(a)(4)(A) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9) is amended by adding at the end the following: “In addition, the Sacramento-San Joaquin Delta National Heritage Area shall include the area depicted as ‘Rio Vista/Expansion Area’ on the map entitled ‘Sacramento-San Joaquin Delta National Heritage Area Proposed Boundary Expansion’ and dated February 2021.”.

SEC. 5509. NEW YORK-NEW JERSEY WATERSHED PROTECTION.

(a) Program Establishment.—

(1) Establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the “New York-New Jersey Watershed Restoration Program”.

(2) Duties.—In carrying out the program, the Secretary shall—

(A) draw on existing and new approved plans for the Watershed, or portions of the Watershed, and work in consultation with applicable management entities, including representatives of the New York-New Jersey Harbor and Estuary Program (HEP), Hudson River Estuary Program, Mohawk River Basin Program, Sustainable Raritan River Initiative, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Watershed; and

(B) adopt a Watershed-wide strategy that—

(i) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph (A);

(ii) targets cost-effective projects with measurable results;

(iii) maximizes conservation outcomes;

(iv) prioritizes the needs of communities lacking in environmental justice; and

(v) establishes the voluntary grant and technical assistance programs authorized in this section.

(3) Consultation.—In establishing the program, the Secretary shall, as appropriate—

(A) consult with—

(i) the heads of Federal agencies, including—

(I) the Administrator of the Environmental Protection Agency;

(II) the Administrator of the National Oceanic and Atmospheric Administration;

(III) the Secretary of Agriculture; and

(IV) the Director of the National Park Service; and

(ii) Indian Tribes; and

(B) coordinate with —

(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;

(ii) the New York-New Jersey Harbor & Estuary Program; and

(iii) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Watershed.

(4) Purposes.—The purposes of the program include—

(A) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Watershed;

(B) carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Watershed—

(i) to sustain and enhance fish and wildlife habitat restoration and protection activities;

(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;

(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;

(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;

(v) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities;

(vi) to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals;

(vii) to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (a)(2)(B);

(viii) to provide technical assistance to carry out restoration and protection activities in the Watershed;

(ix) to monitor environmental quality to assess progress toward the goals of this section; and

(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

(C) other activities necessary for the implementation of approved plans.

(b) New York-New Jersey Watershed Restoration Grant Program.—

(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).

(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).

(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.

(4) Cost sharing.—

(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.

(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.

(c) Administration.—

(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.

(2) Funding.—If the Secretary enters into an agreement under paragraph (A), the organization selected shall—

(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;

(B) invest and reinvest those amounts for the benefit of the grant program; and

(C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this section.

(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)).

(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.

(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.

(f) Sunset.—This section shall have no force or effect after September 30, 2030.

(g) Authorization of Appropriations.—

(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.

(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.

(h) Definitions.—In this section:

(1) Approved plans.—The term “approved plan”—

(A) means any plan for management of the New York- New Jersey Watershed—

(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

(ii) that is determined by the Director, in consultation with such entities, to contribute to the achievement of the purposes of this section; and

(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.

(2) Director.—The term “Director” means the Director of the United States Fish and Wildlife Service.

(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.

(4) Foundation.—The term “Foundation” means the National Fish and Wildlife Foundation.

(5) Grant program.—The term “grant program” means the voluntary New York-New Jersey Watershed Restoration Grant Program established under section 405.

(6) Program.—The term “program” means the New York-New Jersey Watershed Restoration Program established under section 404.

(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.

(8) Secretary.—The term “Secretary” means the Secretary of the Interior, acting through the Director.

(9) Service.—The term “Service” means the United States Fish and Wildlife Service.

(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.

SEC. 5510. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL MARITIME HERITAGE GRANT PROGRAM.

Section 308703 of title 54, United States Code, is amended—

(1) in subsection (b)(1), by inserting “subsection (k) and” after “amounts for that purpose under”;

(2) in subsection (c)(1), by inserting “subsection (k) and” after “amounts for that purpose under”; and

(3) by adding at the end the following:

“(k) Authorization of Appropriations.—There are hereby authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2023 and 2024 to carry out this section.”.

SEC. 5511. BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT EXPANSION.

(a) Definitions.—In this section:

(1) Board.—The term “Board” means the Board on Geographic Names established by section 2 of the Act of July 25, 1947 (61 Stat. 456, chapter 330; 43 U.S.C. 364a).

(2) Map.—The term “Map” means the map entitled “Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument” and dated October 26, 2021.

(3) Molok luyuk.—The term “Molok Luyuk” means Condor Ridge (in the Patwin language).

(4) National monument.—The term “National Monument” means the Berryessa Snow Mountain National Monument established by Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975), including all land, interests in the land, and objects on the land identified in that Presidential Proclamation.

(5) Secretary.—The term “Secretary” means the Secretary of the Interior.

(6) Walker ridge (molok luyuk) addition.—The term “Walker Ridge (Molok Luyuk) Addition” means the approximately 3,925 acres of Federal land (including any interests in, or objects on, the land) administered by the Bureau of Land Management in Lake County, California, and identified as “Proposed Walker Ridge (Molok Luyuk) Addition” on the Map.

(b) National Monument Expansion.—

(1) Boundary modification.—The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition.

(2) Map.—

(A) Corrections.—The Secretary may make clerical and typographical corrections to the Map.

(B) Public availability; effect.—The Map and any corrections to the Map under subparagraph (A) shall—

(i) be publicly available on the website of the Bureau of Land Management; and

(ii) have the same force and effect as if included in this section.

(3) Administration.—Subject to valid existing rights, the Secretary shall administer the Walker Ridge (Molok Luyuk) Addition—

(A) as part of the National Monument;

(B) in accordance with Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975); and

(C) in accordance with applicable laws (including regulations).

(c) Management Plan.—

(1) In general.—Not later than 1 year after the date of the enactment of this section, the Secretary and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes described in, Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975).

(2) Tribal consultation.—The Secretary and the Secretary of Agriculture shall consult with affected federally recognized Indian Tribes in—

(A) the development of the management plan under paragraph (1); and

(B) making management decisions relating to the National Monument.

(3) Continued engagement with indian tribes.—The management plan developed under paragraph (1) shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in the implementation of the management plan.

(4) Effect.—Nothing in this section affects the conduct of fire mitigation or suppression activities at the National Monument, including through the use of existing agreements.

(d) Agreements and Partnerships.—To the maximum extent practicable and in accordance with applicable laws, on request of an affected federally recognized Indian Tribe, the Secretary (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) shall enter into agreements, contracts, and other cooperative and collaborative partnerships with the federally recognized Indian Tribe regarding management of the National Monument under relevant Federal authority, including—

(1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.);

(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361 et seq.);

(4) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.);

(5) the good neighbor authority under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);

(6) Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments);

(7) Secretarial Order 3342, issued by the Secretary on October 21, 2016 (relating to identifying opportunities for cooperative and collaborative partnerships with federally recognized Indian Tribes in the management of Federal lands and resources); and

(8) Joint Secretarial Order 3403, issued by the Secretary and the Secretary of Agriculture on November 15, 2021 (relating to fulfilling the trust responsibility to Indian Tribes in the stewardship of Federal lands and waters).

(e) Designation of Condor Ridge (Molok Luyuk) in Lake and Colusa Counties, California.—

(1) In general.—The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as “Walker Ridge” shall be known and designated as “Condor Ridge (Molok Luyuk)”.

(2) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of Federal land described in paragraph (1) shall be deemed to be a reference to “Condor Ridge (Molok Luyuk)”.

(3) Map and legal description.—

(A) Preparation.—

(i) Initial map.—The Board shall prepare a map and legal description of the parcel of Federal land designated by subsection (a).

(ii) Corrections.—The Board and the Director of the Bureau of Land Management may make clerical and typographical corrections to the map and legal description prepared under clause (i).

(B) Consultation.—In preparing the map and legal description under subparagraph (A)(i), the Board shall consult with—

(i) the Director of the Bureau of Land Management; and

(ii) affected federally recognized Indian Tribes.

(C) Public availability; effect.—The map and legal description prepared under subparagraph (A)(i) and any correction to the map or legal description made under subparagraph (A)(ii) shall—

(i) be publicly available on the website of the Board, the Bureau of Land Management, or both; and

(ii) have the same force and effect as if included in this section.

TITLE LVI—INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS

Subtitle A—Inspector General Independence

SEC. 5601. SHORT TITLE.

This subtitle may be cited as the “Securing Inspector General Independence Act of 2022”.

SEC. 5602. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; PLACEMENT ON NON- DUTY STATUS.

(a) In General.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 3(b)—

(A) by inserting “(1)(A)” after “(b)”;

(B) in paragraph (1), as so designated—

(i) in subparagraph (A), as so designated, in the second sentence—

(I) by striking “reasons” and inserting the following: “substantive rationale, including detailed and case- specific reasons,”; and

(II) by inserting “(including to the appropriate congressional committees)” after “Houses of Congress”; and

(ii) by adding at the end the following:

“(B) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall—

“(i) identify each entity that is conducting, or that conducted, the inquiry; and

“(ii) in the case of a completed inquiry, contain the findings made during the inquiry.”; and

(C) by adding at the end the following:

“(2)(A) Subject to the other provisions of this paragraph, only the President may place an Inspector General on non-duty status.

“(B) If the President places an Inspector General on non-duty status, the President shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than the date on which the change in status takes effect if—

“(i) the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

“(ii) in the communication, the President includes a report on the determination described in clause (i), which shall include—

“(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i) of this subparagraph;

“(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);

“(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and

“(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.

“(C) The President may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1)(A) unless the President—

“(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

“(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.

“(D) For the purposes of this paragraph—

“(i) the term ‘Inspector General’—

“(I) means an Inspector General who was appointed by the President, without regard to whether the Senate provided advice and consent with respect to that appointment; and

“(II) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for Afghanistan Reconstruction, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery; and

“(ii) a reference to the removal or transfer of an Inspector General under paragraph (1), or to the written communication described in that paragraph, shall be considered to be—

“(I) in the case of the Inspector General of the Intelligence Community, a reference to section 103H(c)(4) of the National Security Act of 1947 (50 U.S.C. 3033(c)(4));

“(II) in the case of the Inspector General of the Central Intelligence Agency, a reference to section 17(b)(6) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)(6));

“(III) in the case of the Special Inspector General for Afghanistan Reconstruction, a reference to section 1229(c)(6) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110- 181; 122 Stat. 378);

“(IV) in the case of the Special Inspector General for the Troubled Asset Relief Program, a reference to section 121(b)(4) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)(4)); and

“(V) in the case of the Special Inspector General for Pandemic Recovery, a reference to section 4018(b)(3) of the CARES Act (15 U.S.C. 9053(b)(3)).”; and

(2) in section 8G(e)—

(A) in paragraph (1), by inserting “or placement on non-duty status” after “a removal”;

(B) in paragraph (2)—

(i) by inserting “(A)” after “(2)”;

(ii) in subparagraph (A), as so designated, in the first sentence—

(I) by striking “reasons” and inserting the following: “substantive rationale, including detailed and case- specific reasons,”; and

(II) by inserting “(including to the appropriate congressional committees)” after “Houses of Congress”; and

(iii) by adding at the end the following:

“(B) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall—

“(i) identify each entity that is conducting, or that conducted, the inquiry; and

“(ii) in the case of a completed inquiry, contain the findings made during the inquiry.”; and

(C) by adding at the end the following:

“(3)(A) Subject to the other provisions of this paragraph, only the head of the applicable designated Federal entity (referred to in this paragraph as the ‘covered official’) may place an Inspector General on non-duty status.

“(B) If a covered official places an Inspector General on non-duty status, the covered official shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the covered official may submit that communication not later than the date on which the change in status takes effect if—

“(i) the covered official has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

“(ii) in the communication, the covered official includes a report on the determination described in clause (i), which shall include—

“(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the covered official has determined applies under clause

(i) of this subparagraph;

“(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);

“(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and

“(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.

“(C) A covered official may not place an Inspector General on non- duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the covered official—

“(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

“(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.

“(D) Nothing in this paragraph may be construed to limit or otherwise modify—

“(i) any statutory protection that is afforded to an Inspector General; or

“(ii) any other action that a covered official may take under law with respect to an Inspector General.”.

(b) Technical and Conforming Amendment.—Section 12(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “except as otherwise expressly provided,” before “the term”.

SEC. 5603. VACANCY IN POSITION OF INSPECTOR GENERAL.

(a) In General.—Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(h)(1) In this subsection—

“(A) the term ‘first assistant to the position of Inspector General’ means, with respect to an Office of Inspector General—

“(i) an individual who, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position—

“(I) is serving in a position in that Office; and

“(II) has been designated in writing by the Inspector General, through an order of succession or otherwise, as the first assistant to the position of Inspector General; or

“(ii) if the Inspector General has not made a designation described in clause (i)(II)—

“(I) the Principal Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; or

“(II) if there is no Principal Deputy Inspector General of that Office, the Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; and

“(B) the term ‘Inspector General’—

“(i) means an Inspector General who is appointed by the President, by and with the advice and consent of the Senate; and

“(ii) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery.

“(2) If an Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—

“(A) section 3345(a) of title 5, United States Code, and section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)) shall not apply;

“(B) subject to paragraph (4), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and

“(C) notwithstanding subparagraph (B), and subject to paragraphs (4) and (5), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code, only if—

“(i) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that—

“(I) the requirement under this clause shall not apply if the officer is an Inspector General; and

“(II) for the purposes of this subparagraph, performing the functions and duties of an Inspector General temporarily in an acting capacity does not qualify as service in a position in an Office of an Inspector General;

“(ii) the rate of pay for the position of the officer or employee described in clause (i) is equal to or greater than the minimum rate of pay payable for a position at GS-15 of the General Schedule;

“(iii) the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and

“(iv) not later than 30 days before the date on which the direction takes effect, the President communicates in writing to both Houses of Congress (including to the appropriate congressional committees) the substantive rationale, including the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity.

“(3) Notwithstanding section 3345(a) of title 5, United States Code, section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of paragraph (2), and subject to paragraph (4), during any period in which an Inspector General is on non-duty status—

“(A) the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and

“(B) if the first assistant described in subparagraph (A) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in that Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, United States Code, if—

“(i) that direction satisfies the requirements under clauses (ii), (iii), and (iv) of paragraph

(2)(C); and

“(ii) that officer or employee served in a position in that Office of Inspector General for not fewer than 90 of the 365 days preceding the date on which the President makes that direction.

“(4) An individual may perform the functions and duties of an Inspector General temporarily and in an acting capacity under subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with respect to only 1 Inspector General position at any given time.

“(5) If the President makes a direction under paragraph (2)(C), during the 30-day period preceding the date on which the direction of the President takes effect, the functions and duties of the position of the applicable Inspector General shall be performed by—

“(A) the first assistant to the position of Inspector General; or

“(B) the individual performing those functions and duties temporarily in an acting capacity, as of the date on which the President issues that direction, if that individual is an individual other than the first assistant to the position of Inspector General.”.

(b) Rule of Construction.—Nothing in the amendment made by subsection (a) may be construed to limit the applicability of sections 3345 through 3349d of title 5, United States Code (commonly known as the “Federal Vacancies Reform Act of 1998”), other than with respect to section 3345(a) of that title.

(c) Effective Date.—

(1) Definition.—In this subsection, the term “Inspector General” has the meaning given the term in subsection

(h)(1)(B) of section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a) of this section.

(2) Applicability.—

(A) In general.—Except as provided in subparagraph

(B), this section, and the amendments made by this section, shall take effect on the date of enactment of this Act.

(B) Existing vacancies.—If, as of the date of enactment of this Act, an individual is performing the functions and duties of an Inspector General temporarily in an acting capacity, this section, and the amendments made by this section, shall take effect with respect to that Inspector General position on the date that is 30 days after the date of enactment of this Act.

SEC. 5604. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS.

(a) Whistleblower Protection Coordinator.—Section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in clause (i), in the matter preceding subclause (I), by inserting “, including employees of that Office of Inspector General” after “employees”; and

(2) in clause (iii), by inserting “(including the Integrity Committee of that Council)” after “and Efficiency”.

(b) Council of the Inspectors General on Integrity and Efficiency.—Section 11(c)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking “, allegations of reprisal,” and inserting the following: “and allegations of reprisal (including the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal that are internal to an Office of Inspector General)”.

Subtitle B—Presidential Explanation of Failure to Nominate an Inspector General

SEC. 5611. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR GENERAL.

(a) In General.—Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following: “Sec. 3349e. Presidential explanation of failure to nominate an inspector general “If the President fails to make a formal nomination for a vacant inspector general position that requires a formal nomination by the President to be filled within the period beginning on the later of the date on which the vacancy occurred or on which a nomination is rejected, withdrawn, or returned, and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period and not later than June 1 of each year thereafter, to the appropriate congressional committees, as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)—

“(1) the reasons why the President has not yet made a formal nomination; and

“(2) a target date for making a formal nomination.”.

(b) Technical and Conforming Amendment.—The table of sections for subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3349d the following:

“3349e. Presidential explanation of failure to nominate an Inspector General.”.

(c) Effective Date.—The amendment made by subsection (a) shall take effect—

(1) on the date of enactment of this Act with respect to any vacancy first occurring on or after that date; and

(2) on the day that is 210 days after the date of enactment of this Act with respect to any vacancy that occurred before the date of enactment of this Act.

Subtitle C—Integrity Committee of the Council of Inspectors General on Integrity and Efficiency Transparency

SEC. 5621. SHORT TITLE.

This subtitle may be cited as the “Integrity Committee Transparency Act of 2022”.

SEC. 5622. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS AND REPORTS TO CONGRESS.

Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in paragraph (5)(B)(ii), by striking the period at the end and inserting “, the length of time the Integrity Committee has been evaluating the allegation of wrongdoing, and a description of any previous written notice provided under this clause with respect to the allegation of wrongdoing, including the description provided for why additional time was needed.”; and

(2) in paragraph (8)(A)(ii), by inserting “or corrective action” after “disciplinary action”.

SEC. 5623. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN ALLEGATIONS OF WRONGDOING CLOSED WITHOUT REFERRAL.

Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(iii) Availability of information to congress on certain allegations of wrongdoing closed without referral.—

“(I) In general.—With respect to an allegation of wrongdoing made by a member of Congress that is closed by the Integrity Committee without referral to the Chairperson of the Integrity Committee to initiate an investigation, the Chairperson of the Integrity Committee shall, not later than 60 days after closing the allegation of wrongdoing, provide a written description of the nature of the allegation of wrongdoing and how the Integrity Committee evaluated the allegation of wrongdoing to— “(aa) the Chair and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate; and “(bb) the Chair and Ranking Minority Member of the Committee on Oversight and Reform of the House of Representatives.

“(II) Requirement to forward.—The Chairperson of the Integrity Committee shall forward any written description or update provided under this clause to the members of the Integrity Committee and to the Chairperson of the Council.”.

SEC. 5624. SEMIANNUAL REPORT.

Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows:

“(9) Semiannual report.—On or before May 31, 2022, and every 6 months thereafter, the Council shall submit to Congress and the President a report on the activities of the Integrity Committee during the immediately preceding 6-month periods ending March 31 and September 30, which shall include the following with respect to allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described in paragraph

(4)(C):

“(A) An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including—

“(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;

“(ii) analysis of the categories or types of the allegations of wrongdoing; and

“(iii) a summary of disposition of all the allegations.

“(B) The number of allegations received by the Integrity Committee.

“(C) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including the number of allegations referred for criminal investigation.

“(D) The number of allegations referred to the Chairperson of the Integrity Committee for investigation, a general description of the status of such investigations, and a summary of the findings of investigations completed.

“(E) An overview and analysis of allegations of wrongdoing received by the Integrity Committee during any previous reporting period, but remained pending during some part of the six months covered by the report, including—

“(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;

“(ii) analysis of the categories or types of the allegations of wrongdoing; and

“(iii) a summary of disposition of all the allegations.

“(F) The number and category or type of pending investigations.

“(G) For each allegation received—

“(i) the date on which the investigation was opened;

“(ii) the date on which the allegation was disposed of, as applicable; and

“(iii) the case number associated with the allegation.

“(H) The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral.

“(I) A brief description of any difficulty encountered by the Integrity Committee when receiving, evaluating, investigating, or referring for investigation an allegation received by the Integrity Committee, including a brief description of—

“(i) any attempt to prevent or hinder an investigation; or

“(ii) concerns about the integrity or operations at an Office of Inspector General.

“(J) Other matters that the Council considers appropriate.”.

SEC. 5625. ADDITIONAL REPORTS.

Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by redesignating subsections (e) and (f) as subsections

(g) and (h), respectively; and

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

“(e) Additional Reports.—

“(1) Report to inspector general.—The Chairperson of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency shall, immediately whenever the Chairperson of the Integrity Committee becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of an Office of Inspector General for which the Integrity Committee may receive, review, and refer for investigation allegations of wrongdoing under section 11(d), submit a report to the Inspector General who leads the Office at which the serious or flagrant problems, abuses, or deficiencies were alleged.

“(2) Report to president, congress, and the establishment.—Not later than 7 days after the date on which an Inspector General receives a report submitted under paragraph (1), the Inspector General shall submit to the President, the appropriate congressional committees, and the head of the establishment—

“(A) the report received under paragraph (1); and

“(B) a report by the Inspector General containing any comments the Inspector General determines appropriate.”.

SEC. 5626. REQUIREMENT TO REPORT FINAL DISPOSITION TO CONGRESS.

Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “and the appropriate congressional committees” after “Integrity Committee”.

SEC. 5627. INVESTIGATIONS OF OFFICES OF INSPECTORS GENERAL OF ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.

Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “, and that an investigation of an Office of Inspector General of an establishment is conducted by another Office of Inspector General of an establishment” after “size”.

Subtitle D—Notice of Ongoing Investigations When There Is a Change in Status of Inspector General

SEC. 5631. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN STATUS OF INSPECTOR GENERAL.

Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after subsection (e), as added by section 5625 of this title, the following:

“(f) Not later than 15 days after an Inspector General is removed, placed on paid or unpaid non-duty status, or transferred to another position or location within an establishment, the officer or employee performing the functions and duties of the Inspector General temporarily in an acting capacity shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives information regarding work being conducted by the Office as of the date on which the Inspector General was removed, placed on paid or unpaid non-duty status, or transferred, which shall include—

“(1) for each investigation—

“(A) the type of alleged offense;

“(B) the fiscal quarter in which the Office initiated the investigation;

“(C) the relevant Federal agency, including the relevant component of that Federal agency for any Federal agency listed in section 901(b) of title 31, United States Code, under investigation or affiliated with the individual or entity under investigation; and

“(D) whether the investigation is administrative, civil, criminal, or a combination thereof, if known; and

“(2) for any work not described in paragraph (1)—

“(A) a description of the subject matter and scope;

“(B) the relevant agency, including the relevant component of that Federal agency, under review;

“(C) the date on which the Office initiated the work; and

“(D) the expected time frame for completion.”.

Subtitle E—Council of the Inspectors General on Integrity and Efficiency Report on Expenditures

SEC. 5641. CIGIE REPORT ON EXPENDITURES.

Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(D) Report on expenditures.—Not later than November 30 of each year, the Chairperson shall submit to the appropriate committees or subcommittees of Congress, including the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, a report on the expenditures of the Council for the preceding fiscal year, including from direct appropriations to the Council, interagency funding pursuant to subparagraph (A), a revolving fund pursuant to subparagraph (B), or any other source.”.

Subtitle F—Notice of Refusal to Provide Inspectors General Access

SEC. 5651. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR ASSISTANCE TO INSPECTORS GENERAL.

Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(3) If the information or assistance that is the subject of a report under paragraph (2) is not provided to the Inspector General by the date that is 30 days after the report is made, the Inspector General shall submit a notice that the information or assistance requested has not been provided by the head of the establishment involved or the head of the Federal agency involved, as applicable, to the appropriate congressional committees.”.

Subtitle G—Training Resources for Inspectors General and Other Matters

SEC. 5671. TRAINING RESOURCES FOR INSPECTORS GENERAL.

Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by redesignating subparagraphs (E) through (I) as subparagraphs (F) through (J), respectively; and

(2) by inserting after subparagraph (D) the following:

“(E) support the professional development of Inspectors General, including by providing training opportunities on the duties, responsibilities, and authorities under this Act and on topics relevant to Inspectors General and the work of Inspectors General, as identified by Inspectors General and the Council.”.

SEC. 5672. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 5—

(A) in subsection (b), in the matter preceding paragraph (1), by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(B) in subsection (d), by striking “committees or subcommittees of Congress” and inserting “congressional committees”;

(2) in section 6(h)(4)—

(A) in subparagraph (B), by striking “Government”; and

(B) by amending subparagraph (C) to read as follows:

“(C) Any other relevant congressional committee or subcommittee of jurisdiction.”;

(3) in section 8—

(A) in subsection (b)—

(i) in paragraph (3), by striking “the Committees on Armed Services and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Government Reform and Oversight of the House of Representatives and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and

(ii) in paragraph (4), by striking “and to other appropriate committees or subcommittees”; and

(B) in subsection (f)—

(i) in paragraph (1), by striking “the Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and on Oversight and Government Reform of the House of Representatives and to other appropriate committees or subcommittees of Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and

(ii) in paragraph (2), by striking “committees or subcommittees of the Congress” and inserting “congressional committees”;

(4) in section 8D—

(A) in subsection (a)(3), by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and

(B) in subsection (g)—

(i) in paragraph (1)—

(I) by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(II) by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Reform and Oversight and Ways and Means of the House of Representatives” and inserting “Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and

(ii) in paragraph (2), by striking “committees or subcommittees of Congress” and inserting “congressional committees”;

(5) in section 8E—

(A) in subsection (a)(3), by striking “Committees on Governmental Affairs and Judiciary of the Senate and the Committees on Government Operations and Judiciary of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives”; and

(B) in subsection (c)—

(i) by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(ii) by striking “Committees on the Judiciary and Governmental Affairs of the Senate and the Committees on the Judiciary and Government Operations of the House of Representatives” and inserting “Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives”;

(6) in section 8G—

(A) in subsection (d)(2)(E), in the matter preceding clause (i), by inserting “the appropriate congressional committees, including” after “are”; and

(B) in subsection (f)(3)—

(i) in subparagraph (A)(iii), by striking “Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees”; and

(ii) by striking subparagraph (C);

(7) in section 8I—

(A) in subsection (a)(3), in the matter preceding subparagraph (A), by striking “committees and subcommittees of Congress” and inserting “congressional committees”; and

(B) in subsection (d), by striking “committees and subcommittees of Congress” each place it appears and inserting “congressional committees”;

(8) in section 8N(b), by striking “committees of Congress” and inserting “congressional committees”;

(9) in section 11—

(A) in subsection (b)(3)(B)(viii)—

(i) by striking subclauses (III) and (IV);

(ii) in subclause (I), by adding “and” at the end; and

(iii) by amending subclause (II) to read as follows:

“(II) the appropriate congressional committees.”; and

(B) in subsection (d)(8)(A)(iii), by striking “to the” and all that follows through “jurisdiction” and inserting “to the appropriate congressional committees”; and

(10) in section 12—

(A) in paragraph (4), by striking “and” at the end;

(B) in paragraph (5), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(6) the term ‘appropriate congressional committees’ means—

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

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

“(C) any other relevant congressional committee or subcommittee of jurisdiction.”.

SEC. 5673. SEMIANNUAL REPORTS.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 4(a)(2)—

(A) by inserting “, including” after “to make recommendations”; and

(B) by inserting a comma after “section 5(a)”;

(2) in section 5—

(A) in subsection (a)—

(i) by striking paragraphs (1) through (12) and inserting the following:

“(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office;

“(2) an identification of each recommendation made before the reporting period, for which corrective action has not been completed, including the potential costs savings associated with the recommendation;

“(3) a summary of significant investigations closed during the reporting period;

“(4) an identification of the total number of convictions during the reporting period resulting from investigations;

“(5) information regarding each audit, inspection, or evaluation report issued during the reporting period, including—

“(A) a listing of each audit, inspection, or evaluation;

“(B) if applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use, including whether a management decision had been made by the end of the reporting period;

“(6) information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period;”;

(ii) by redesignating paragraphs (13) through (22) as paragraphs (7) through (16), respectively;

(iii) by amending paragraph (13), as so redesignated, to read as follows:

“(13) a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Office) if the establishment does not have senior Government employees, which shall include—

“(A) the name of the senior Government employee, if already made public by the Office; and

“(B) a detailed description of—

“(i) the facts and circumstances of the investigation; and

“(ii) the status and disposition of the matter, including—

“(I) if the matter was referred to the Department of Justice, the date of the referral; and

“(II) if the Department of Justice declined the referral, the date of the declination;”; and

(iv) by amending paragraph (15), as so redesignated, to read as follows:

“(15) information related to interference by the establishment, including—

“(A) a detailed description of any attempt by the establishment to interfere with the independence of the Office, including—

“(i) with budget constraints designed to limit the capabilities of the Office; and

“(ii) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly delayed access to information, including the justification of the establishment for such action; and

“(B) a summary of each report made to the head of the establishment under section 6(c)(2) during the reporting period;”; and

(B) in subsection (b)—

(i) by striking paragraphs (2) and (3) and inserting the following:

“(2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing—

“(A) with respect to management decisions—

“(i) for each report, whether a management decision was made during the reporting period;

“(ii) if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and

“(iii) total number of reports where a management decision was made during the reporting period and the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and

“(B) with respect to final actions—

“(i) whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period;

“(ii) if final action was taken, the dollar value of—

“(I) disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise;

“(II) disallowed costs that were written off by management;

“(III) disallowed costs and funds to be put to better use not yet recovered or written off by management;

“(IV) recommendations that were completed; and

“(V) recommendations that management has subsequently concluded should not or could not be implemented or completed; and

“(iii) total number of reports where final action was not taken and total number of reports where final action was taken, including the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decisions;”;

(ii) by redesignating paragraph (4) as paragraph (3);

(iii) in paragraph (3), as so redesignated, by striking “subsection (a)(20)(A)” and inserting “subsection (a)(14)(A)”; and

(iv) by striking paragraph (5) and inserting the following:

“(4) a statement explaining why final action has not been taken with respect to each audit, inspection, and evaluation report in which a management decision has been made but final action has not yet been taken, except that such statement—

“(A) may exclude reports if—

“(i) a management decision was made within the preceding year; or

“(ii) the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative solution; and

“(B) shall identify the number of reports in each category so excluded.”;

(C) by redesignating subsection (h), as so redesignated by section __305 of this title, as subsection (i); and

(D) by inserting after subsection (g), as so redesignated by section __305 of this title, the following:

“(h) If an Office has published any portion of the report or information required under subsection (a) to the website of the Office or on oversight.gov, the Office may elect to provide links to the relevant webpage or website in the report of the Office under subsection (a) in lieu of including the information in that report.”.

SEC. 5674. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY NON- GOVERNMENTAL ORGANIZATIONS OR BUSINESS ENTITIES.

(a) In General.—Section 5(g) of the Inspector General Act of 1978 (5 U.S.C. App.), as so redesignated by section __305 of this title, is amended by adding at the end the following:

“(6)(A) Except as provided in subparagraph (B), if an audit, evaluation, inspection, or other non-investigative report prepared by an Inspector General specifically identifies a specific non- governmental organization or business entity, whether or not the non- governmental organization or business entity is the subject of that audit, evaluation, inspection, or non-investigative report—

“(i) the Inspector General shall notify the non- governmental organization or business entity;

“(ii) the non-governmental organization or business entity shall have—

“(I) 30 days to review the audit, evaluation, inspection, or non-investigative report beginning on the date of publication of the audit, evaluation, inspection, or non-investigative report; and

“(II) the opportunity to submit a written response for the purpose of clarifying or providing additional context as it directly relates to each instance wherein an audit, evaluation, inspection, or non-investigative report specifically identifies that non-governmental organization or business entity; and

“(iii) if a written response is submitted under clause

(ii)(II) within the 30-day period described in clause (ii)(I)—

“(I) the written response shall be attached to the audit, evaluation, inspection, or non-investigative report; and

“(II) in every instance where the report may appear on the public-facing website of the Inspector General, the website shall be updated in order to access a version of the audit, evaluation, inspection, or non-investigative report that includes the written response.

“(B) Subparagraph (A) shall not apply with respect to a non- governmental organization or business entity that refused to provide information or assistance sought by an Inspector General during the creation of the audit, evaluation, inspection, or non-investigative report.

“(C) An Inspector General shall review any written response received under subparagraph (A) for the purpose of preventing the improper disclosure of classified information or other non-public information, consistent with applicable laws, rules, and regulations, and, if necessary, redact such information.”.

(b) Retroactive Applicability.—During the 30-day period beginning on the date of enactment of this Act—

(1) the amendment made by subsection (a) shall apply upon the request of a non-governmental organization or business entity named in an audit, evaluation, inspection, or other non- investigative report prepared on or after January 1, 2019; and

(2) any written response submitted under clause (iii) of section 5(g)(6)(A) of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a), with respect to such an audit, evaluation, inspection, or other non-investigative report shall attach to the original report in the manner described in that clause.

SEC. 5675. REVIEW RELATING TO VETTING, PROCESSING, AND RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM.

(a) In General.—In accordance with the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General of the Department of Homeland Security, jointly with the Inspector General of the Department of State, and in coordination with the Inspector General of the Department of Defense and any appropriate inspector general, shall conduct a thorough review of efforts to support and process evacuees from Afghanistan and the Afghanistan special immigrant visa program.

(b) Elements.—The review required by subsection (a) shall include an assessment of the systems, staffing, policies, and programs used—

(1) to the screen and vet such evacuees, including—

(A) an assessment of whether personnel conducting such screening and vetting were appropriately authorized and provided with training, including training in the detection of fraudulent personal identification documents;

(B) an analysis of the degree to which such screening and vetting deviated from United States law, regulations, policy, and best practices relating to the screening and vetting of refugees and applicants for United States visas that have been in use at any time since January 1, 2016;

(C) an identification of any risk to the national security of the United States posed by any such deviations;

(D) an analysis of the processes used for evacuees traveling without personal identification records, including the creation or provision of any new identification records to such evacuees; and

(E) an analysis of the degree to which such screening and vetting process was capable of detecting—

(i) instances of human trafficking and domestic abuse;

(ii) evacuees who are unaccompanied minors; and

(iii) evacuees with a spouse that is a minor;

(2) to admit and process such evacuees at United States ports of entry;

(3) to temporarily house such evacuees prior to resettlement;

(4) to account for the total number of individuals evacuated from Afghanistan in 2021 with support of the United States Government, disaggregated by—

(A) country of origin;

(B) citizenship, only if different from country of origin;

(C) age;

(D) gender;

(E) eligibility for special immigrant visas under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-163) at the time of evacuation;

(F) eligibility for employment-based nonimmigrant visas at the time of evacuation; and

(G) familial relationship to evacuees who are eligible for visas described in subparagraphs (E) and

(F); and

(5) to provide eligible individuals with special immigrant visas under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) and section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-163) since the date of the enactment of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8), including—

(A) a detailed step-by-step description of the application process for such special immigrant visas, including the number of days allotted by the United States Government for the completion of each step;

(B) the number of such special immigrant visa applications received, approved, and denied, disaggregated by fiscal year;

(C) the number of such special immigrant visas issued, as compared to the number available under law, disaggregated by fiscal year;

(D) an assessment of the average length of time taken to process an application for such a special immigrant visa, beginning on the date of submission of the application and ending on the date of final disposition, disaggregated by fiscal year;

(E) an accounting of the number of applications for such special immigrant visas that remained pending at the end of each fiscal year;

(F) an accounting of the number of interviews of applicants for such special immigrant visas conducted during each fiscal year;

(G) the number of noncitizens who were admitted to the United States pursuant to such a special immigrant visa during each fiscal year;

(H) an assessment of the extent to which each participating department or agency of the United States Government, including the Department of State and the Department of Homeland Security, adjusted processing practices and procedures for such special immigrant visas so as to vet applicants and expand processing capacity since the February 29, 2020, Doha Agreement between the United States and the Taliban;

(I) a list of specific steps, if any, taken between February 29, 2020, and August 31, 2021—

(i) to streamline the processing of applications for such special immigrant visas; and

(ii) to address longstanding bureaucratic hurdles while improving security protocols;

(J) a description of the degree to which the Secretary of State implemented recommendations made by the Department of State Office of Inspector General in its June 2020 reports on Review of the Afghan Special Immigrant Visa Program (AUD-MERO-20-35) and Management Assistance Report: Quarterly Reporting on Afghan Special Immigrant Visa Program Needs Improvement (AUD- MERO-20-34);

(K) an assessment of the extent to which challenges in verifying applicants’ employment with the Department of Defense contributed to delays in the processing of such special immigrant visas, and an accounting of the specific steps taken since February 29, 2020, to address issues surrounding employment verification; and

(L) recommendations to strengthen and streamline such special immigrant visa process going forward.

(c) Interim Reporting.—

(1) In general.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State shall submit to the appropriate congressional committees not fewer than one interim report on the review conducted under this section.

(2) Definitions.—In this subsection:

(A) Appropriate congressional committees.—The term “appropriate congressional committees” has the meaning given the term in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by this subtitle.

(B) Screen; screening.—The terms “screen” and “screening”, with respect to an evacuee, mean the process by which a Federal official determines—

(i) the identity of the evacuee;

(ii) whether the evacuee has a valid identification documentation; and

(iii) whether any database of the United States Government contains derogatory information about the evacuee.

(C) Vet; vetting.—The term “vet” and “vetting”, with respect to an evacuee, means the process by which a Federal official interviews the evacuee to determine whether the evacuee is who they purport to be, including whether the evacuee poses a national security risk.

(d) Discharge of Responsibilities.—The Inspector General of the Department of Homeland Security and the Inspector General of the Department of State shall discharge the responsibilities under this section in a manner consistent with the authorities and requirements of the Inspector General Act of 1978 (5 U.S.C. App.) and the authorities and requirements applicable to the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State under that Act.

(e) Coordination.—Upon request of an Inspector General for information or assistance under subsection (a), the head of any Federal agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal agency from which the information is requested, furnish to such Inspector General, or to an authorized designee, such information or assistance.

(f) Rule of Construction.—Nothing in this section shall be construed to limit the ability of the Inspector General of the Department of Homeland Security or the Inspector General of the Department of State to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of the oversight responsibilities of the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.), with respect to oversight of the evacuation from Afghanistan, the selection, vetting, and processing of applicants for special immigrant visas and asylum, and any resettlement in the United States of such evacuees.

SEC. 5676. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.

Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking “and paragraph

(3)”;

(B) by striking paragraph (3);

(C) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and

(D) in paragraph (4), as redesignated, by striking “paragraph (4)” and inserting “paragraph (3)”; and

(2) in subsection (d), by striking “, except with respect to allegations described in subsection (b)(3),”.

SEC. 5677. LAW ENFORCEMENT AUTHORITY OF THE INSPECTOR GENERAL OF THE UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE CORPORATION.

Section 6(f)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “International Development Finance Corporation,” before “Environmental”.

SEC. 5678. INSPECTOR GENERAL FOR THE OFFICE OF MANAGEMENT AND BUDGET.

(a) Establishment of Office.—Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in paragraph, (1) by inserting “the Director of the Office of Management and Budget,” after “means”; and

(2) in paragraph (2), by inserting “the Office of Management and Budget,” after “means”.

(b) Special Provisions Concerning the Inspector General of the Office of Management and Budget.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding after section 8N the following new section:

“SEC. 8O. SPECIAL PROVISIONS CONCERNING THE INSPECTOR GENERAL OF THE OFFICE OF MANAGEMENT AND BUDGET.

“The Inspector General of the Office of Management and Budget shall only have jurisdiction over those matters that have been specifically assigned to the Office under law.”.

(c) Appointment.—Not later than 120 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Inspector General of the Office of Management and Budget in accordance with section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.).

TITLE LVII—FEDERAL EMPLOYEE MATTERS

SEC. 5701. APPEALS TO MERIT SYSTEMS PROTECTION BOARD RELATING TO FBI REPRISAL ALLEGATIONS; SALARY OF SPECIAL COUNSEL.

(a) Appeals to MSPB.—Section 2303 of title 5, United States Code, is amended by adding at the end the following:

“(d)(1) An employee of the Federal Bureau of Investigation who makes an allegation of a reprisal under regulations promulgated under this section may appeal a final determination or corrective action order by the Bureau under those regulations to the Merit Systems Protection Board pursuant to section 1221.

“(2) If no final determination or corrective action order has been made or issued for an allegation described in paragraph (1) before the expiration of the 180-day period beginning on the date on which the allegation is received by the Federal Bureau of Investigation, the employee described in that paragraph may seek corrective action directly from the Merit Systems Protection Board pursuant to section 1221.”.

(b) Special Counsel Salary.—

(1) In general.—Subchapter II of chapter 53 of title 5, United States Code, is amended—

(A) in section 5314, by adding at the end the following new item :“Special Counsel of the Office of Special Counsel.”; and

(B) in section 5315, by striking “Special Counsel of the Merit Systems Protection Board.”

(2) Application.—The rate of pay applied under the amendments made by paragraph (1) shall begin to apply on the first day of the first pay period beginning after date of enactment of this Act.

SEC. 5702. MINIMUM WAGE FOR FEDERAL CONTRACTORS.

Executive Order 14026 and its implementing regulations in part 23 of title 29, Code of Federal Regulations, are hereby enacted into law, except that nothing in this section shall be construed to prohibit any Federal department or agency from requiring any Federal contract entered into on or after the date of enactment of this section to include a clause requiring that workers employed in the performance of such contract or any covered subcontract (as defined in such regulations) be paid at a minimum wage that exceeds the minimum wage in effect pursuant to such executive order and regulations.

SEC. 5703. FEDERAL WILDLAND FIREFIGHTER RECRUITMENT AND RETENTION.

(a) Recruitment and Retention Bonus.—In order to promote the recruitment and retention of Federal wildland firefighters, the Director of the Office of Personnel Management, in coordination with the Secretary of Agriculture and the Secretary of the Interior, shall establish a program under which a recruitment or retention bonus of not less than $1,000 may be paid to a Federal wildland firefighter in an amount as determined appropriate by the Director of the Office of Personnel Management and the Secretary of Agriculture and the Secretary of the Interior. The minimum amount of such bonus in the previous sentence shall be increased each year by the Consumer Price Index in the manner prescribed under subsection (b)(2). Any bonus under this subsection—

(1) shall be paid to any primary or secondary Federal wildland firefighter upon the date that such firefighter successfully completes a work capacity test; and

(2) may not be paid to any such firefighter more than once per calendar year.

(b) Federal Wildland Firefighter.—In this section, the term “Federal wildland firefighter” means any temporary, seasonal, or permanent position at the Department of Agriculture or the Department of the Interior that maintains group, emergency incident management, or fire qualifications, as established annually by the Standards for Wildland Fire Position Qualifications published by the National Wildfire Coordinating Group, and primarily engages in or supports wildland fire management activities, including forestry and rangeland technicians and positions concerning aviation, engineering heavy equipment operations, or fire and fuels management.

SEC. 5704. STUDY AND REPORT ON RETURNSHIP PROGRAMS.

(a) In General.—Not later than September 30, 2023, the Secretary of Defense shall conduct a study, and submit a report on such study to the congressional defense committees, on the feasibility and benefits of establishing returnship programs for the civilian workforce of the Department of Defense. The study and report shall assess—

(1) where returnship programs could be used to address such workforce needs and bolster the knowledge and experience base of such workforce;

(2) how the programs would be structured and the estimated funding levels to implement the returnship programs; and

(3) if and how returnship programs impact the diversity of such workforce.

(b) Returnship Program Defined.—In this section, the term “returnship program” means any program that supports entry into the civilian workforce of the Department of Defense of an individual who has taken an extended leave of absence from such workforce, including a leave of absence to care for a dependent.

SEC. 5705. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE POSITIONS.

(a) In General.—No position in the competitive service (as defined under section 2102 of title 5, United States Code) may be excepted from the competitive service unless such position is placed—

(1) in any of the schedules A through E as described in section 6.2 of title 5, Code of Federal 5 Regulations, as in effect on September 30, 2020; and

(2) under the terms and conditions under part 8 of such title as in effect on such date.

(b) Subsequent Transfers.—No position in the excepted service (as defined under section 2103 of title 5, United States Code) may be placed in any schedule other than a schedule described in subsection

(a)(1).

TITLE LVIII—OTHER MATTERS

Subtitle A—In General

SEC. 5801. AFGHAN ALLIES PROTECTION.

Clause (ii) of section 602(b)(2)(A) of the Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended in the matter preceding subclause (I), by striking “year—” and inserting the following: “year, or in the case of an alien who was wounded or seriously injured in connection with employment described in this subparagraph, for the period until such wound or injury occurred, if the wound or injury prevented the alien from continuing employment—”.

SEC. 5802. ADVANCING MUTUAL INTERESTS AND GROWING OUR SUCCESS.

(a) Nonimmigrant Traders and Investors.—For purposes of clauses

(i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in such section if the Government of Portugal provides similar nonimmigrant status to nationals of the United States.

(b) Modification of Eligibility Criteria for E Visas.— Section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended—

(1) by inserting “(or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph)” before “, and the spouse”; and

(2) by striking “him” and inserting “such alien”; and

(3) by striking “he” each place such term appears and inserting “the alien”.

SEC. 5803. EXPANSION OF STUDY OF PFAS CONTAMINATION.

(a) CDC Study on Health Implications of Per- and Polyfluoroalkyl Substances Contamination in Drinking Water.—The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the Agency for Toxic Substances and Disease Registry, and, as appropriate, the Director of the National Institute of Environmental Health Sciences, and in consultation with the Secretary of Defense, shall—

(1) expand (by including more military installations, communities, or other sites, including schools operated by the Department of Defense Education Activity) the study authorized by section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) on the human health implications of per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways, including the cumulative human health implications of multiple types of PFAS contamination at levels above and below health advisory levels to assess health effects at additional military installations;

(2) not later than 1 year after the date of the enactment of this Act, and annually thereafter until submission of the report under paragraph (3)(B), submit to the appropriate congressional committees a report on the progress of such expanded study; and

(3) not later than 5 years after the date of enactment of this Act (or 7 years after such date of enactment after providing notice to the appropriate congressional committees of the need for the delay)—

(A) complete the expanded study and make any appropriate recommendations; and

(B) submit a report to the appropriate congressional committees on the results of such expanded study.

(b) Exposure Assessment.—

(1) In general.—The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the Agency for Toxic Substances and Disease Registry, and, as appropriate, the Director of the National Institute of Environmental Health Sciences, and in consultation with the Secretary of Defense, shall conduct an exposure assessment of not less than 10 current or former domestic military installations which were not included in the study authorized by section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) and which are known to have PFAS contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways.

(2) Contents.—The exposure assessment required under this subsection shall—

(A) include—

(i) for each military installation covered under the exposure assessment, a statistical sample to be determined by the Secretary of Health and Human Services in consultation with the relevant State health departments; and

(ii) biomonitoring for assessing the contamination described in paragraph (1); and

(B) produce findings, which shall be—

(i) used to help design the study described in subsection (a)(1); and

(ii) not later than 1 year after the conclusion of such exposure assessment, released to the appropriate congressional committees.

(3) Timing.—The exposure assessment required under this subsection shall—

(A) begin not later than 180 days after the date of enactment of this Act; and

(B) conclude not later than 2 years after such date of enactment.

(c) Coordination With Other Agencies.—The Director of the Agency for Toxic Substances and Disease Registry may, as necessary, use staff and other resources from other Federal agencies in carrying out the study under subsection (a) and the assessment under subsection (b).

(d) No Effect on Regulatory Process.—The study under subsection

(a) and assessment under subsection (b) shall not interfere with any regulatory processes of the Environmental Protection Agency, including determinations of maximum contaminant levels.

(e) Definition.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees;

(2) the Committee on Heath, Education, Labor, and Pensions, the Committee on Environment and Public Works, and the Committee on Veterans’ Affairs of the Senate; and

(3) the Committee on Energy and Commerce, the Committee on Education and Labor, and the Committee on Veterans’ Affairs of the House of Representatives.

(f) Funding.—

(1) Source of funds.—The study under subsection (a) and assessment under subsection (b) may be paid for using funds authorized to be appropriated to the Department of Defense under the heading “Operation and Maintenance, Defense-Wide”.

(2) Transfer authority.—Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $20,000,000 a year during each of fiscal years 2023 and 2024 to the Secretary of Health and Human Services to pay for the study under subsection (a) and assessment under subsection (b).

(3) Expenditure authority.—Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study under subsection (a) and assessment under subsection (b) through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department of Health and Human Services for the purposes of carrying out this section.

(4) Relationship to other transfer authorities.—The transfer authority provided under this subsection is in addition to any other transfer authority available to the Department of Defense or the Department of Health and Human Services.

SEC. 5804. NATIONAL RESEARCH AND DEVELOPMENT STRATEGY FOR DISTRIBUTED LEDGER TECHNOLOGY.

(a) Definitions.—In this section:

(1) Director.—Except as otherwise expressly provided, the term “Director” means the Director of the Office of Science and Technology Policy.

(2) Distributed ledger.—The term “distributed ledger” means a ledger that—

(A) is shared across a set of distributed nodes, which are devices or processes, that participate in a network and store a complete or partial replica of the ledger;

(B) is synchronized between the nodes;

(C) has data appended to it by following the ledger’s specified consensus mechanism;

(D) may be accessible to anyone (public) or restricted to a subset of participants (private); and

(E) may require participants to have authorization to perform certain actions (permissioned) or require no authorization (permissionless).

(3) Distributed ledger technology.—The term “distributed ledger technology” means technology that enables the operation and use of distributed ledgers.

(4) Institution of higher education.—The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(5) Relevant congressional committees.—The term “relevant congressional committees” means—

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

(B) the Committee on Science, Space, and Technology of the House of Representatives.

(6) Smart contract.—The term “smart contract” means a computer program stored in a distributed ledger system that is executed when certain predefined conditions are satisfied and wherein the outcome of any execution of the program may be recorded on the distributed ledger.

(b) National Distributed Ledger Technology R&D Strategy.—

(1) In general.—The Director, or a designee of the Director, shall, in coordination with the National Science and Technology Council, and the heads of such other relevant Federal agencies and entities as the Director considers appropriate, which may include the National Academies, and in consultation with such nongovernmental entities as the Director considers appropriate, develop a national strategy for the research and development of distributed ledger technologies and their applications, including applications of public and permissionless distributed ledgers. In developing the national strategy, the Director shall consider the following:

(A) Current efforts and coordination by Federal agencies to invest in the research and development of distributed ledger technologies and their applications, including through programs like the Small Business Innovation Research program, the Small Business Technology Transfer program, and the National Science Foundation’s Innovation Corps programs.

(B)(i) The potential benefits and risks of applications of distributed ledger technologies across different industry sectors, including their potential to—

(I) lower transactions costs and facilitate new types of commercial transactions;

(II) protect privacy and increase individuals’ data sovereignty;

(III) reduce friction to the interoperability of digital systems;

(IV) increase the accessibility, auditability, security, efficiency, and transparency of digital services;

(V) increase market competition in the provision of digital services;

(VI) enable dynamic contracting and contract execution through smart contracts;

(VII) enable participants to collaborate in trustless and disintermediated environments;

(VIII) enable the operations and governance of distributed organizations;

(IX) create new ownership models for digital items; and

(X) increase participation of populations historically underrepresented in the technology, business, and financial sectors.

(ii) In consideration of the potential risks of applications of distributed ledger technologies under clause (i), the Director shall take into account, where applicable—

(I) additional risks that may emerge from distributed ledger technologies, as identified in reports submitted to the President pursuant to Executive Order 14067, that may be addressed by research and development;

(II) software vulnerabilities in distributed ledger technologies and smart contracts;

(III) limited consumer literacy on engaging with applications of distributed ledger technologies in a secure way;

(IV) the use of distributed ledger technologies in illicit finance and their use in combating illicit finance;

(V) manipulative, deceptive, and fraudulent practices that harm consumers engaging with applications of distributed ledger technologies;

(VI) the implications of different consensus mechanisms for digital ledgers and governance and accountability mechanisms for applications of distributed ledger technologies, which may include decentralized networks;

(VII) foreign activities in the development and deployment of distributed ledger technologies and their associated tools and infrastructure; and

(VIII) environmental, sustainability, and economic impacts of the computational resources required for distributed ledger technologies.

(C) Potential uses for distributed ledger technologies that could improve the operations and delivery of services by Federal agencies, taking into account the potential of digital ledger technologies to—

(i) improve the efficiency and effectiveness of privacy-preserving data sharing among Federal agencies and with State, local, territorial, and Tribal governments;

(ii) promote government transparency by improving data sharing with the public;

(iii) introduce or mitigate risks that may threaten individuals’ rights or broad access to Federal services;

(iv) automate and modernize processes for assessing and ensuring regulatory compliance; and

(v) facilitate broad access to financial services for underserved and underbanked populations.

(D) Ways to support public and private sector dialogue on areas of research that could enhance the efficiency, scalability, interoperability, security, and privacy of applications using distributed ledger technologies.

(E) The need for increased coordination of the public and private sectors on the development of voluntary standards in order to promote research and development, including standards regarding security, smart contracts, cryptographic protocols, virtual routing and forwarding, interoperability, zero- knowledge proofs, and privacy, for distributed ledger technologies and their applications.

(F) Applications of distributed ledger technologies that could positively benefit society but that receive relatively little private sector investment.

(G) The United States position in global leadership and competitiveness across research, development, and deployment of distributed ledger technologies.

(2) Consultation.—

(A) In general.—In carrying out the Director’s duties under this subsection, the Director shall consult with the following:

(i) Private industry.

(ii) Institutions of higher education, including minority-serving institutions.

(iii) Nonprofit organizations, including foundations dedicated to supporting distributed ledger technologies and their applications.

(iv) State governments.

(v) Such other persons as the Director considers appropriate.

(B) Representation.—The Director shall ensure consultations with the following:

(i) Rural and urban stakeholders from across the Nation.

(ii) Small, medium, and large businesses.

(iii) Subject matter experts representing multiple industrial sectors.

(iv) A demographically diverse set of stakeholders.

(3) Coordination.—In carrying out this subsection, the Director shall, for purposes of avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies, including the interagency process outlined in section 3 of Executive Order 14067 (87 Fed. Reg. 14143; relating ensuring responsible development of digital assets).

(4) National strategy.—Not later than 1 year after the date of enactment of this Act, the Director shall submit to the relevant congressional committees and the President a national strategy that includes the following:

(A) Priorities for the research and development of distributed ledger technologies and their applications.

(B) Plans to support public and private sector investment and partnerships in research and technology development for societally beneficial applications of distributed ledger technologies.

(C) Plans to mitigate the risks of distributed ledger technologies and their applications.

(D) An identification of additional resources, administrative action, or legislative action recommended to assist with the implementation of such strategy.

(5) Research and development funding.—The Director shall, as the Director considers necessary, consult with the Director of the Office of Management and Budget and with the heads of such other elements of the Executive Office of the President as the Director considers appropriate, to ensure that the recommendations and priorities with respect to research and development funding, as expressed in the national strategy developed under this subsection, are incorporated in the development of annual budget requests for Federal research agencies.

(c) Distributed Ledger Technology Research.—

(1) In general.—The Director of the National Science Foundation shall make awards, on a competitive basis, to institutions of higher education, including minority-serving institutions, or nonprofit organizations (or consortia of such institutions or organizations) to support research, including interdisciplinary research, on distributed ledger technologies, their applications, and other issues that impact or are caused by distributed ledger technologies, which may include research on—

(A) the implications on trust, transparency, privacy, accessibility, accountability, and energy consumption of different consensus mechanisms and hardware choices, and approaches for addressing these implications;

(B) approaches for improving the security, privacy, resiliency, interoperability, performance, and scalability of distributed ledger technologies and their applications, which may include decentralized networks;

(C) approaches for identifying and addressing vulnerabilities and improving the performance and expressive power of smart contracts;

(D) the implications of quantum computing on applications of distributed ledger technologies, including long-term protection of sensitive information (such as medical or digital property), and techniques to address them;

(E) game theory, mechanism design, and economics underpinning and facilitating the operations and governance of decentralized networks enabled by distributed ledger technologies;

(F) the social behaviors of participants in decentralized networks enabled by distributed ledger technologies;

(G) human-centric design approaches to make distributed ledger technologies and their applications more usable and accessible;

(H) use cases for distributed ledger technologies across various industry sectors and government, including applications pertaining to—

(i) digital identity, including trusted identity and identity management;

(ii) digital property rights;

(iii) delivery of public services;

(iv) supply chain transparency;

(v) medical information management;

(vi) inclusive financial services;

(vii) community governance;

(viii) charitable giving;

(ix) public goods funding;

(x) digital credentials;

(xi) regulatory compliance;

(xii) infrastructure resilience, including against natural disasters; and

(xiii) peer-to-peer transactions; and

(I) the social, behavioral, and economic implications associated with the growth of applications of distributed ledger technologies, including decentralization in business, financial, and economic systems.

(2) Accelerating innovation.—The Director of the National Science Foundation shall consider continuing to support startups that are in need of funding, would develop in and contribute to the economy of the United States, leverage distributed ledger technologies, have the potential to positively benefit society, and have the potential for commercial viability, through programs like the Small Business Innovation Research program, the Small Business Technology Transfer program, and, as appropriate, other programs that promote broad and diverse participation.

(3) Consideration of national distributed ledger technology research and development strategy.—In making awards under paragraph (1), the Director of the National Science Foundation shall take into account the national strategy, as described in subsection (b)(4).

(4) Fundamental research.—The Director of the National Science Foundation shall consider continuing to make awards supporting fundamental research in areas related to distributed ledger technologies and their applications, such as applied cryptography and distributed systems.

(d) Distributed Ledger Technology Applied Research Project.—

(1) Applied research project.—Subject to the availability of appropriations, the Director of the National Institute of Standards and Technology, may carry out an applied research project to study and demonstrate the potential benefits and unique capabilities of distributed ledger technologies.

(2) Activities.—In carrying out the applied research project, the Director of the National Institute of Standards and Technology shall—

(A) identify potential applications of distributed ledger technologies, including those that could benefit activities at the Department of Commerce or at other Federal agencies, considering applications that could—

(i) improve the privacy and interoperability of digital identity and access management solutions;

(ii) increase the integrity and transparency of supply chains through the secure and limited sharing of relevant supplier information;

(iii) facilitate increased interoperability across healthcare information systems and consumer control over the movement of their medical data;

(iv) facilitate broader participation in distributed ledger technologies of populations historically underrepresented in technology, business, and financial sectors; or

(v) be of benefit to the public or private sectors, as determined by the Director in consultation with relevant stakeholders;

(B) solicit and provide the opportunity for public comment relevant to potential projects;

(C) consider, in the selection of a project, whether the project addresses a pressing need not already addressed by another organization or Federal agency;

(D) establish plans to mitigate potential risks, including those outlined in subsection (b)(1)(B)(ii), if applicable, of potential projects;

(E) produce an example solution leveraging distributed ledger technologies for 1 of the applications identified in subparagraph (A);

(F) hold a competitive process to select private sector partners, if they are engaged, to support the implementation of the example solution;

(G) consider hosting the project at the National Cybersecurity Center of Excellence; and

(H) ensure that cybersecurity best practices consistent with the Cybersecurity Framework of the National Institute of Standards and Technology are demonstrated in the project.

(3) Briefings to congress.—Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall offer a briefing to the relevant congressional committees on the progress and current findings from the project under this subsection.

(4) Public report.—Not later than 12 months after the completion of the project under this subsection, the Director of the National Institute of Standards and Technology shall make public a report on the results and findings from the project.

SEC. 5805. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING TRANSPORTATION OF REMAINS OF CASUALTIES.

Section 580A of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at the end the following:

“(c) Transportation of Deceased Military Member.—In the event of a death that requires the Secretary concerned to provide a death benefit under subchapter II of chapter 75 of title 10, United States Code, such Secretary shall provide the next of kin or other appropriate person a commercial air travel use waiver for the transportation of deceased remains of military member who dies outside of the United States.”.

SEC. 5806. ARMS EXPORTS DELIVERY SOLUTIONS ACT.

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

(1) prioritizing the defense needs of United States allies and partners globally is a national security priority; and

(2) sustained support to key partners for interoperable defense systems is critical to preserve—

(A) the safety and security of American persons;

(B) the free flow of commerce through international trade routes;

(C) the United States commitment to collective security agreements, territorial integrity, and recognized maritime boundaries; and

(D) Taiwan’s defense capability both in quantitative and qualitative terms.

(b) Report Required.—Not later than March 1, 2023, and March 1, 2024, the Secretary of State and the Secretary of Defense shall jointly transmit to the appropriate congressional committees a report with respect to the transfer of all defense articles or defense services, on or after October 1, 2017, pursuant to the authorities provided by—

(1) section 3, 21, or 36 of the Arms Export Control Act (22 U.S.C. 2753, 2761, or 2776); or

(2) section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)).

(c) Elements.—The report required by subsection (b) shall also contain the following:

(1) A list of all approved transfers of defense articles and services authorized by Congress pursuant to sections 25 and 36 of the Arms Export Control Act (22 U.S.C. 2765 and 2776) with a total value of $25,000,000 or more, to Taiwan, Japan, South Korea, Australia, or New Zealand, that have not been fully delivered by the start of the fiscal year in which the report is being submitted.

(2) The estimated start and end dates of delivery for each approved and incomplete transfer listed pursuant to paragraph

(1), including additional details and dates for any transfers that involve multiple tranches of deliveries.

(3) With respect to each approved and incomplete transfer listed pursuant to paragraph (1), a detailed description of—

(A) any changes in the delivery dates of defense articles or services relative to the dates anticipated at the time of congressional approval of the transfer, including specific reasons for any delays related to the United States Government, defense suppliers, or a foreign partner;

(B) the feasibility and advisability of providing the partner subject to such delayed delivery with an interim capability or solution, including drawing from United States stocks, and any challenges to implementing such a capability or solution; and

(C) authorities, appropriations, or waiver requests that Congress could provide to improve delivery timelines or authorize the provision of interim capabilities or solutions identified pursuant to subparagraph (B).

(4) A description of ongoing interagency efforts to support attainment of operational capability of the corresponding defense articles and services once delivered, including advance training with United States or allied forces on the systems to be received. The description of any such training shall also include an identification of the training implementer.

(5) If a transfer listed pursuant to paragraph (1) has been terminated prior to the date of the submission of the report for any reason—

(A) the case information for such transfer;

(B) a description of the reasons for which the transfer is no longer in effect; and

(C) the impact this termination will have on the intended end-user and the consequent implications for regional security.

(6) A separate description of the actions the United States is taking to expedite deliveries of defense articles and services to Taiwan, including in particular, whether the United States intends to divert defense articles from United States stocks to provide an interim capability or solution with respect to any delayed deliveries to Taiwan and the plan, if applicable, to replenish any such diverted stocks.

(7) A description of other potential actions undertaken by the Department of State to improve delivery timelines for the transfers listed pursuant to paragraph (1).

(d) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

SEC. 5807. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.

None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization.

SEC. 5808. PROHIBITION OF FEDERAL FUNDING FOR INDUCED OR REQUIRED UNDERMINING OF SECURITY OF CONSUMER COMMUNICATIONS GOODS.

(a) Prohibition.—None of the funds made available in this or any other Act may be used by any Federal agency to require, support, pay, or otherwise induce any private sector provider of consumer software and hardware to—

(1) intentionally add any security vulnerability or weaken or omit any safeguard in the standards, items, or services of the provider;

(2) remove or omit any information security function, mechanism, service, or solution from the items or services of the provider; or

(3) take any action that—

(A) undermines, circumvents, defeats, bypasses, or otherwise counteracts the end-to-end encryption of the item or service of the provider;

(B) prevents an item or service from adopting end- to-end encryption; or

(C) otherwise makes an unencrypted version of the end-to-end encrypted content of any communication, file, or data of the item or service of the provider available to any person or entity other than the intended recipients.

(b) Federal Agency Defined.—In this section, the term “Federal agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.

SEC. 5809. FOREIGN STATE COMPUTER INTRUSIONS.

(a) In General.—Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: “Sec. 1605C. Computer intrusions by a foreign state “A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state:

“(1) Unauthorized access to or access exceeding authorization to a computer located in the United States.

“(2) Unauthorized access to confidential, electronic stored information located in the United States.

“(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization.

“(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3).

“(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.”.

(b) Application.—This section and the amendments made by this section shall apply to any action pending on or filed on or after the date of the enactment of this Act.

SEC. 5810. SCHOOL PFAS TESTING AND FILTRATION PROGRAM.

(a) In General.—Not later than 1 year after the date of enactment of this section, the Secretary of Defense, in coordination with the Administrator of the Environmental Protection Agency, shall establish a program to—

(1) test for perfluoroalkyl and polyfluoroalkyl substances in drinking water at eligible entities, which testing shall be conducted by an entity approved by the Administrator or the applicable State to conduct the testing;

(2) install, maintain, and repair water filtration systems effective for reducing perfluoroalkyl and polyfluoroalkyl substances in drinking water at eligible entities that contains a level of any perfluoroalkyl or polyfluoroalkyl substance that exceeds—

(A) an applicable maximum contaminant level established by the Administrator under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1); or

(B) an applicable standard established by the applicable State that is more stringent than the level described in subparagraph (A); and

(3) safely dispose of spent water filtration equipment used to reduce perfluoroalkyl and polyfluoroalkyl substances in drinking water at schools.

(b) Public Availability.—The Secretary of Defense shall—

(1) make publicly available, including, to the maximum extent practicable, on the website of the eligible entity, a copy of the results of any testing carried out under this section; and

(2) notify relevant parent, teacher, and employee organizations of the availability of the results described in paragraph (1).

(c) Definitions.—In this section:

(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) The term “eligible entity” means a school operated by the Department of Defense Education Activity.

SEC. 5811. REPORT ON EMT NATIONAL LICENSING STANDARDS.

The Secretary of Defense, in coordination with each branch of the United States military, shall submit a report to Congress on how the Department of Defense can feasibly incorporate EMT national licensing standards into their existing training.

SEC. 5812. REQUIREMENT FOR CUT FLOWERS AND CUT GREENS DISPLAYED IN CERTAIN FEDERAL BUILDINGS TO BE PRODUCED IN THE UNITED STATES.

(a) In General.—A cut flower or a cut green may not be officially displayed in any public area of a building of the Executive Office of the President, of the Department of State, or of the Department of Defense that is in a State of the United States or in the District of Columbia, unless the cut flower or cut green is produced in the United States.

(b) Waiver.—The prohibition under subsection (a) may be waived by the head of the agency concerned with respect to a cut flower or cut green that is a gift from a foreign country.

(c) Rule of Construction.—The limitation in subsection (a) may not be construed to apply to any cut flower or cut green used by a Federal officer or employee for personal display.

(d) Definitions.—In this section:

(1) The term “cut flower” means a flower removed from a living plant for decorative use.

(2) The term “cut green” means a green, foliage, or branch removed from a living plant for decorative use.

(3) The term “produced in the United States” means grown in—

(A) any of the several States;

(B) the District of Columbia;

(C) a territory or possession of the United States; or

(D) an area subject to the jurisdiction of a federally recognized Indian Tribe.

(e) Effective Date.—This section shall take effect on the date that is 1 year after the date of the enactment of this Act.

SEC. 5813. RENEGOTIATION OF COMPACTS OF FREE ASSOCIATION.

(a) Sense of Congress.—It is the sense of Congress as follows:

(1) The United States shares deep ties, history and interests with the Freely Associated States of the Republic of the Marshall Islands, Federated States of Micronesia, and Palau and continues a special, unique and mutually beneficial relationship with them under the decades-old Compacts of Free Association.

(2) Under the Compacts, the United States has undertaken the responsibility and obligation to provide and ensure the security and defense of the Freely Associated States.

(3) The Compacts are critical to the national security of the United States and its allies and partners and are the bedrock of the United States role in the Pacific.

(4) Renewal of key provisions of the Compacts, now being negotiated with each nation, is critical for regional security.

(5) Maintaining and strengthening the Compacts supports both United States national security and the United States responsibility for the security and defense of the Freely Associated States.

(6) As the Department charged with fulfilling the security mandates of the Compacts, the Department of Defense is an integral partner with the Departments of State and Interior in the Compact renewal negotiations, has a vested interest in the outcome, and should play an active role in the negotiations for their renewal.

(7) The Department of Defense should continue its engagement in the negotiations of the Compacts of Free Association, in coordination with the Departments of State and Interior and the Special Presidential Envoy for Compact Negotiations.

(8) It would be beneficial for the Secretary of Defense to detail a senior officer — or such other personal and assistance as the Envoy may request — to the Special Presidential Envoy for Compact Negotiations to support the negotiations for the renewal of Compact provisions.

(b) Briefing on Negotiations.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the following committees on the role of the Department in the renegotiations of the Compacts and opportunities to expand its support for the negotiations:

(1) the congressional defense committees;

(2) the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives; and

(3) the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate.

SEC. 5814. INTERAGENCY REPORT ON EXTREMIST ACTIVITY.

(a) In General.—Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Secretary of Defense shall publish a report that analyzes and sets out strategies to combat White supremacist and neo- Nazi activity in the uniformed services and Federal law enforcement agencies.

(b) Report.—

(1) In general.—The Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Secretary of Defense shall submit a joint report detailing Executive-wide plans described in subsection (a) that includes—

(A) the number of individuals discharged from the uniformed services due to incidents related to White supremacy and neo-Nazi activity;

(B) for each instance included in the total number in subparagraph (A), a description of the circumstances that led to the separation of servicemembers from the uniformed services due to White supremacy and neo-Nazi activity;

(C) the number of Federal law enforcement officers separated from federal agencies due to incidents related to White supremacy or neo-Nazi activity;

(D) for each instance included in the total number in subparagraph (C), a description of the circumstances that led to the separation of Federal law enforcement officers from federal agencies due to White supremacy and neo-Nazi activity;

(E) the response of the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Secretary of Defense to planned or effectuated incidents that have a nexus to White supremacist and neo-Nazi ideology involving those described in subparagraphs (B) and (D); and

(F) specific plans to address such incidents described in this subsection within uniformed services and Federal law enforcement agencies.

(2) Transmission.—The Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Secretary of Defense shall transmit each report described in paragraph (1) to—

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

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

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

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

(E) the Committee on the Judiciary of the House of Representatives;

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

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

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

(3) Classification and public release.—The report submitted under paragraph (1) shall be—

(A) submitted in unclassified form, to the greatest extent possible, with a classified annex only if necessary; and

(B) in the case of the unclassified portion of the report, posted on the public website of the Department of Defense, the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation.

SEC. 5815. REPORTING ON PREVIOUS FEDERAL BUREAU OF INVESTIGATION AND DEPARTMENT OF HOMELAND SECURITY REQUIREMENTS.

(a) Report Required.—Not later than 60 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Office of the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the processes needed to regularly report to Congress on domestic terrorism threats pursuant to Section 5602 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).

(b) Data Limitations.—In the event that data internal to the Federal Bureau of Investigation and Department of Homeland Security on completed or attempted acts of domestic terrorism from January 1, 2009, to December 31, 2014 is incomplete or inconsistent, the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security shall engage with State, local, Tribal, and territorial partners, academic institutions, non-profit organizations, and the private sector with expertise in domestic terrorism threats and acts to provide the most accurate and consistent information for the report required under subsection (a).

(c) GAO Report.— Not later than 180 days after the date of the enactment of this Act, the Government Accountability Office shall produce a report providing a full review of the Federal Bureau of Investigation’s, the Secretary of Homeland Security’s, and the Office of the Director of National Intelligence’s compliance with domestic terrorism transparency mechanisms required by Federal law, including the National Defense Authorization Act for Fiscal Year 2020.

(d) Definitions.—In this section, the ter “appropriate congressional committees” means—

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

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

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

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

(5) the Committee on the Judiciary of the House of Representatives; and

(6) the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 5816. PFAS DATA CALL.

Section 8(a)(7) of the Toxic Substances Control Act (15 U.S.C. 2607(a)(7)) is amended by inserting “that contains at least one fully fluorinated carbon atom,” after “perfluoroalkyl or polyfluoroalkyl substance”.

SEC. 5817. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF 1938.

(a) Initiation of Debarment Proceedings.—

(1) In general.—The Secretary of Labor shall initiate a debarment proceeding with respect to a covered person for whom information regarding two or more willful or repeated violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) (as determined by a disposition described under subsection (c)(1) of section 2313 of title 41, United States Code, and issued in the last five years) is included in the database established under subsection (a) of such section.

(2) Length of debarment.—Notwithstanding any other provision of law, the Secretary of Labor may determine the length of a debarment under paragraph (1).

(b) Databases.—Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall ensure that the enforcement and compliance databases of the Department of Labor—

(1) identify persons that have been finally adjudicated to have violated labor laws;

(2) list each person, identified by the tax identification number of the person, that is suspended or debarred for a violation of a labor law; and

(3) are accessible to contracting officers and suspension and debarment officials at all Federal agencies.

(c) Revision of FAR.—The Federal Acquisition Regulation shall be revised to require contracting officers—

(1) when renewing or awarding a contract, to check the database in subsection (b) for suspensions or debarments described under that subsection when determining present responsibility and conducting a past performance evaluation;

(2) to enter relevant information from the database in subsection (b) into past performance evaluations in the Contractor Performance Assessment and Reporting System; and

(3) to coordinate with the Labor Advisor of the agency and consult with experts regarding alleged violations of labor law.

(d) Definitions.—In this section—

(1) the term “covered person” means any individual, enterprise, or firm applying for a contract worth $500,000 or more;

(2) the term “Federal agency” has the meaning given that term in section 102 of title 40, United States Code;

(3) the term “labor law” includes—

(A) subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis Bacon Act”);

(B) chapter 67 of subtitle II of title 41, United States Code (commonly referred to as the “Services Contracting Act”); and

(C) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); and

(4) the term “willful” has the meaning given that term in section 578.3 of title 29, Code of Federal Regulations.

SEC. 5818. REPORT ON HUMAN RIGHTS IN THE PHILIPPINES.

Not later than 180 days after the date of the enactment of this Act, the Secretary of State, shall submit to the congressional defense committees a report that includes the following:

(1) An assessment of extrajudicial killings and other human rights violations committed by the Philippines military, police, and paramilitary forces, specifically violations against trade unionists, journalists, human rights defenders, critics of the government, faith and religious leaders, and other civil society activists.

(2) A description of the human rights climate in the Philippines; an assessment of the Philippines military, police, and paramilitary forces’ adherence to human rights; and an analysis of such forces’ role in the practice of “red- tagging”, including against United States citizens.

SEC. 5819. REQUIREMENT FOR THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO ANNUALLY REPORT COMPLAINTS OF SEXUAL HARASSMENT.

(a) Requirement to Annually Report Complaints of Sexual Harassment.—

(1) Annual report.—Section 808(e)(2) of the Fair Housing Act (42 U.S.C. 3608(e)(2)) is amended—

(A) in subparagraph (A) by striking “and” at the end;

(B) in subparagraph (B)(iii) by striking the semicolon and inserting “; and”; and

(C) by inserting after subparagraph (B) the following new subparagraph:

“(C) containing tabulations of the number of instances in the preceding year in which complaints of discriminatory housing practices were filed with the Department of Housing and Urban Development or a fair housing assistance program, including identification of whether each complaint was filed with respect to discrimination based on race, color, religion, national origin, sex, handicap, or familial status.”.

(2) Sexual harassment.—Section 808 of the Fair Housing Act (42 U.S.C. 3608) is amended by adding at the end the following new subsection:

“(g) In carrying out the reporting obligations under this section, the Secretary shall—

“(1) consider a complaint filed with respect to discrimination based on sex to include any complaint filed with respect to sexual harassment; and

“(2) in reporting the instances of a complaint filed with respect to discrimination based on sex under subsection

(e)(2)(C), include a disaggregated tabulation of the total number of such complaints filed with respect to sexual harassment.”.

(3) Initiative to combat sexual harassment in housing.— Title IX of the Fair Housing Act (42 U.S.C. 3631) is amended by adding at the end the following:

“SEC. 902. INITIATIVE TO COMBAT SEXUAL HARASSMENT IN HOUSING.

“The Attorney General shall establish an initiative to investigate and prosecute an allegation of a violation under this Act with respect to sexual harassment.”.

SEC. 5820. DEPARTMENT OF LABOR STUDY ON FACTORS AFFECTING EMPLOYMENT OPPORTUNITIES FOR IMMIGRANTS AND REFUGEES WITH PROFESSIONAL CREDENTIALS OBTAINED IN FOREIGN COUNTRIES.

(a) Study Required.—

(1) In general.—The Secretary of Labor, in coordination with the Secretary of State, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, the Administrator of the Internal Revenue Service, and the Commissioner of the Social Security Administration, shall conduct a study of the factors affecting employment opportunities in the United States for applicable immigrants and refugees who have professional credentials that were obtained in a country other than the United States.

(2) Work with other entities.—The Secretary of Labor shall seek to work with relevant nonprofit organizations and State agencies to use the existing data and resources of such entities to conduct the study required under paragraph (1).

(3) Limitation on disclosure.—Any information provided to the Secretary of Labor in connection with the study required under paragraph (1)—

(A) may only be used for the purposes of, and to the extent necessary to ensure the efficient operation of, such study; and

(B) may not be disclosed to any other person or entity except as provided under this subsection.

(b) Inclusions.—The study required under subsection (a)(1) shall include—

(1) an analysis of the employment history of applicable immigrants and refugees admitted to the United States during the 5-year period immediately preceding the date of the enactment of this Act, which shall include, to the extent practicable—

(A) a comparison of the employment applicable immigrants and refugees held before immigrating to the United States with the employment they obtained in the United States, if any, since their arrival; and

(B) the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the United States;

(2) an assessment of any barriers that prevent applicable immigrants and refugees from using occupational experience obtained outside the United States to obtain employment in the United States;

(3) an analysis of available public and private resources assisting applicable immigrants and refugees who have professional experience and qualifications obtained outside of the United States to obtain skill-appropriate employment in the United States; and

(4) policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside of the United States to obtain skill-appropriate employment in the United States.

(c) Report.—Not later than 18 months after the date of the enactment of this section, the Secretary of Labor shall—

(1) submit a report to Congress that describes the results of the study conducted pursuant to subsection (a); and

(2) make such report publicly available on the website of the Department of Labor.

(d) Definitions.—In this section:

(1) The term “applicable immigrants and refugees”—

(A) means individuals who—

(i)(I) are not citizens or nationals of the United States; and

(II) are lawfully present in the United States and authorized to be employed in the United States; or

(ii) are naturalized citizens of the United States who were born outside of the United States and its outlying possessions; and

(B) includes individuals described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 (title VI of division F of Public Law 111-8; 8 U.S.C. 1101 note).

(2) Except as otherwise defined in this section, terms used in this section have the definitions given such terms under section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

SEC. 5821. SENSE OF CONGRESS AND STATEMENT OF POLICY ON HAITI.

(a) Findings.—Congress finds the following:

(1) Since 2018, the ruling PHTK has presided over increasing instability, displacement, and poverty in Haiti stemming from, among other reasons—

(A) systematic dismantlement of the judicial system;

(B) a non-functioning parliamentary system;

(C) mass gang violence against civilians and between gangs resulting in large-scale massacres;

(D) gang rule of large parts of Haiti; daily kidnappings for ransom;

(E) widespread sexual violence against women, girls and marginalized people;

(F) grand corruption;

(G) state violence against protesters;

(H) unsafe conditions for workers;

(I) diminished access to water, food, healthcare and education; and

(J) unnatural devastation from natural disasters.

(2) Government-supported violence in Haiti has forced large numbers of Haitians to flee the country, including to the United States.

(3) Independent human rights organizations and the media have documented PHTK collusion with gang activity through—

(A) the participation of PHTK officials in gang attacks;

(B) the use of police vehicles in gang activities; and

(C) systemic refusals by the police to interfere in gang attacks and the justice system to prosecute gang members and government officials credibly accused of participating in massacres.

(4) In 2021, the United States together with the international community installed PHTK official Ariel Henry as the Prime Minister and thus de facto head of Government of Haiti following the assassination of President Jovenel Moise.

(b) Sense of Congress.—It is the sense of Congress that the security, freedom, and well-being of Haitians are intertwined with that of the people of the United States, and United States interests are not served by an unstable or unsafe Haiti.

(c) Statement of Policy.—It is the policy of the United States—

(1) to support a Haitian-led solution to the current crisis;

(2) that the people of Haiti must be empowered to choose their leaders and govern Haiti free from foreign interference; and

(3) to support the sustainable rebuilding and development of Haiti in a manner that promotes efforts led and supported by the people and Government of Haiti at all levels, so that Haitians lead the course of reconstruction and development of Haiti.

SEC. 5822. CORRECTIONAL FACILITY DISASTER PREPAREDNESS.

(a) Definitions.—In this section, the term “major disaster” means—

(1) 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); or

(2) any natural disaster or extreme weather or public health emergency event that—

(A) would activate the use of any Bureau of Prisons 18 contingency plans; and

(B) the Bureau of Prisons determines is a major disaster.

(b) Bureau of Prisons Annual Summary Report of Disaster Damage.—

(1) In general.—The Director of the Bureau of Prisons shall submit to the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives an annual summary report of disaster damage on the scope of physical damage from a major disaster in each Bureau of Prisons facility and its contract prisons impacted or struck by a major disaster that explains the effects of the damage on inmates and staff, including—

(A) data on injury and loss of life of inmates and staff;

(B) access to health and medical care, food, special dietary needs, drinkable water, personal protective equipment, and personal hygiene products;

(C) guidance used to adjudicate early release or home confinement requests, data on early release or home confinement approvals, denials, and justification for denials;

(D) an explanation as to whether using home confinement or early release was considered;

(E) access to cost-free and uninterrupted visitation with legal counsel and visitors with justifications for facility decisions that resulted in suspended or altered visitations;

(F) access to appropriate accommodations for inmates with disabilities;

(G) access to educational and work programs;

(H) inmate grievances;

(I) assessment of the cost of the damage to the facility and estimates for repairs;

(J) the impact on staffing, equipment, and financial resources; and

(K) other factors relating to the ability of the Bureau of Prisons and any existing contract prison to uphold the health, safety, and civil rights of the correctional population.

(2) Corrective action plan.—The report required under paragraph (1) shall include agency corrective actions that the Bureau of Prisons will take to improve and modernize emergency preparedness plans, as they relate to natural disasters, extreme weather, and public health emergencies and a timeline to implement the corrective action plan.

(3) Recommendations.—The report required under paragraph

(1) shall include specific legislative recommendations to Congress for improving emergency preparedness plans within the Bureau of Prisons.

(4) Appointment.—Not later than 90 days after the enactment of this section, the Director of the Bureau of Prisons shall appoint an official of the Bureau of Prisons responsible for carrying out the corrective action plan.

(c) National Institute of Corrections.—Section 4351 of title 18, United States Code, is amended—

(1) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking “ten” and inserting “13”; and

(B) by adding at the end the following:

“(3) One shall have served a sentence in either a Federal or State correctional facility or have a professional background advocating on the behalf of formerly incarcerated or incarcerated individuals.

“(4) One shall have a background as an emergency response coordinator that has created an emergency management accreditation program.

“(5) One shall have an educational and professional background in public health working with communicable diseases.”; and

(2) by adding at the end the following:

“(i) Field Hearing.—Not later than 1 year after the date of enactment of this subsection, the National Institute of Corrections shall conduct at least one public field hearing on how correctional facilities can incorporate in their emergency preparedness plans and recovery efforts—

“(1) inmate access to medical care, food, drinkable water, personal protective equipment, and personal hygiene products;

“(2) consideration by staff of using home confinement or early release;

“(3) inmate access to cost-free and uninterrupted visitation with legal counsel and visitors with clear standards for when facilities may suspend or alter visitations;

“(4) inmate access to appropriate accommodations for inmates with disabilities;

“(5) use of Federal funding to restore disaster-damaged correctional facilities; and

“(6) incorporation by staff of risk management best practices, such as those made available under the relevant agencies of the Federal Emergency Management Administration, Department of Health and Human Services, and the Government Accountability Office to enhance emergency preparedness plans.”.

SEC. 5823. NONDISCRIMINATION IN FEDERAL HIRING FOR VETERAN MEDICAL CANNABIS USERS; AUTHORIZED PROVISION OF INFORMATION ON STATE-APPROVED MARIJUANA PROGRAMS TO VETERANS.

(a) In General.—It shall be unlawful for a “veteran”, as defined in title 38, section 101(2) of the United States Code, to be excluded from employment in the Federal Government solely because the veteran consumes or has consumed cannabis, as defined in the Controlled Substances Act, or anywhere in the United States Code. For the purposes determining if a person is a veteran under this provision, an other than honorable, bad conduct, or dishonorable release premised solely on a nonviolent cannabis charge or conviction shall be construed as a general discharge.

(b) Authorized Provision of Information.—Notwithstanding the provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) or any other Federal, State, or local law regulating or prohibiting the provision of information on marijuana, the Secretary of Veterans Affairs shall authorize physicians and other health care providers of the Veterans Health Administration of the Department of Veterans Affairs to provide to veterans who are residents of States with State- approved marijuana programs information regarding the participation of such veterans in such programs and to recommend their participation in such programs.

(c) Definitions.—In this section:

(1) The term “information” includes details such as informational materials, internet websites, and relevant contact information for State-approved marijuana programs.

(2) The term “marijuana” has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(3) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, any territory, Federal enclave, or possession of the United States, and each federally recognized Indian Tribe.

(4) The term “nonviolent cannabis charge or conviction” shall include any nonviolent offense or offenses involving marijuana, or tetrahydrocannabinols and any related nonviolent offenses or convictions that would not have satisfied all elements of the charged offense or offenses but for the involvement of these substances except for any offenses or convictions where it has been established in court that the individual was associated with a foreign drug cartel or operating a motor vehicle under the influence of a drug or alcohol within the meaning of section 13(b) of title 18,United States Code, n offense of operating or being in actual physical control of a motor vehicle within the meaning of title 36, section 4.23 of the Code of Federal Regulations, or drunken or reckless operation of vehicle, aircraft or vessel within the meaning of article 111 of the Uniform Code of Military Justice, section 911 of title 10, United States Code.

SEC. 5824. REPORT ON CERTAIN ENTITIES CONNECTED TO FOREIGN PERSONS ON THE MURDER OF JAMAL KHASHOGGI.

(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of appropriate agencies, shall submit to the appropriate congressional committees a report on private, commercial, and nongovernmental entities, including non-profit foundations, controlled in whole or in part by any foreign person named in the Office of the Director of National Intelligence report titled “Assessing the Saudi Government’s Role in the Killing of Jamal Khashoggi”, dated February 11, 2021.

(b) Matters to Be Included.—The report required by subsection (a) shall include the following:

(1) A description of such entities.

(2) A detailed assessment, based in part on credible open sources and other publicly-available information, of the roles, if any, such entities played in the murder of Jamal Khashoggi or any other gross violations of internationally recognized human rights.

(3) A certification of whether any such entity is subject to sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note).

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

SEC. 5825. REVIEW OF IMPLEMENTATION OF UNITED STATES SANCTIONS WITH RESPECT TO VIOLATORS OF THE ARMS EMBARGO ON LIBYA.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees an unclassified report that describes whether the President has determined the persons described in subsection (b) meet the criteria for the imposition of sanctions under section 1(a) of Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya).

(b) Persons.—For purposes of the determination required under subsection (a), the President shall consider all private companies listed for facilitating violations of the United Nations arms embargo on Libya in the report of the United Nations Panel of Experts entitled “Letter dated 8 March 2021 from the Panel of Experts on Libya established pursuant to resolution 1973 (2011) addressed to the President of the Security Council” and “Letter dated 24 May 2022 from the Panel of Experts on Libya established pursuant to resolution 1973 (2011) addressed to the President of the Security Council”, including the following:

(1) Maritime vessels.

(2) Corporate facilitators of arms embargo violations.

(3) Aircraft operators.

(4) Mercenary recruiters and facilitators.

(c) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

SEC. 5826. MODIFICATION OF PRIOR NOTIFICATION OF SHIPMENT OF ARMS.

Subsection (i) of section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended to read as follows:

“(i) Prior Notification of Shipment of Arms.—At least 30 days prior to the initial and final shipment of a sale of defense articles subject to the requirements of subsection (b), the President shall provide notification of such pending shipment, in unclassified form, with a classified annex as necessary, to the Chairperson and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairperson and Ranking Member of the Committee on Foreign Affairs of the House of Representatives.”.

SEC. 5827. STUDY AND REPORT ON FEASABILITY OF SUSPENSION OF MERGERS, ACQUISITIONS, AND TAKEOVERS OF CERTAIN FOREIGN SURVEILLANCE COMPANIES.

(a) In General.—The Secretary of Commerce, in consultation with the Secretary of the Treasury, the Secretary of State, the Secretary of Defense, the Director of National Intelligence, and the heads of other relevant agencies, shall—

(1) study the feasibility of using existing authorities to implement a suspension of any merger, acquisition, or takeover that would result in control, including full or partial ownership of some or all assets, of a covered foreign entity described in subsection (c) by a United States person; and

(2) submit to the appropriate congressional committees a report on the results of such study.

(b) Matters to Be Included.—The study and report required by subsection (a) shall include the following:

(1) An assessment of whether the President or Executive branch agencies have the authority to implement a suspension as described in subsection (a) and what additional authorities would be required if needed.

(2) An assessment of whether the President or Executive branch agencies could lift a suspension only if a determination is made that the merger, acquisition, or takeover described in subsection (a)—

(A) does not pose a significant counterintelligence or national security risk to the United States or United States treaty allies, including an undue risk of subversion of the United States intelligence community or United States national security interests through the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of targeted digital surveillance technologies;

(B) does not seek or intend to evade or circumvent United States export control laws, including through a transaction, transfer, agreement or arrangement intended or designed to limit exposure to United States export controls; or

(C) does not affect any existing contracts between the United States Government and the United States person.

(c) Covered Foreign Entity Described.—A covered foreign entity described in this subsection is an entity, including a subsidiary or affiliate of the entity, that—

(1) is organized under the laws of or having its principal place of business in a foreign country;

(2) develops, sells, or otherwise controls proprietary technology, including non-sensitive technologies, related to targeted digital surveillance capabilities; and

(3) is included on the list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations.

(d) Definitions.—In this section:

(1) Control.—The term “control”’ means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Secretary of Commerce.

(2) Intelligence community.—The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(3) Targeted digital surveillance.—The term “targeted digital surveillance” means the use of items or services that enable an individual or entity (with or without the knowing authorization of the product’s owner) to detect, monitor, intercept, collect, exploit, preserve, protect, transmit, retain, or otherwise gain access to the communications, sensitive or protected information, work product, browsing data, research, identifying information, location history, and online and offline activities of other individuals, organizations, or entities.

(4) United states person.—The term “United States person” means—

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

(B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

SEC. 5828. REPORT ON POLITICAL PRISONERS IN EGYPT.

(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the status of political prisoners in Egypt.

(b) Matters to Be Included.—The report required by subsection (a) shall include a detailed assessment of how many individuals are detained, imprisoned, or the victim of an enforced disappearance in Egypt, including individuals who—

(1) are human rights defenders;

(2) are detained, imprisoned, or otherwise physically restricted because of their political, religious, other conscientiously-held beliefs, or their identity;

(3) are prisoners who are arbitrarily detained;

(4) are victims of enforced disappearance or are reasonably suspected of being detained or imprisoned in a secret location; or

(5) have been subject to torture or other gross violations of human rights while detained or imprisoned.

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but portions of the report described in subsection (b) may contain a classified annex, so long as such annex is provided separately from the unclassified report.

SEC. 5829. ATTORNEY GENERAL AUTHORITY TO TRANSFER FORFEITED RUSSIAN ASSETS TO ASSIST UKRAINE.

(a) Authorization.—Subject to appropriations for such purpose, the Attorney General may transfer to the Secretary of State the proceeds of any covered forfeited property for use by the Secretary of State to provide assistance to Ukraine to remediate the harms of Russian aggression towards Ukraine. Any such transfer shall be considered foreign assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).

(b) Report.—The Attorney General, in consultation with the Secretary of the Treasury and the Secretary of State, shall provide a semiannual report to the appropriate congressional committees on any transfers made pursuant to subsection (a).

(c) Definitions.—In this section:

(1) The term “covered forfeited property” means property seized by the Department of Justice under chapter 46 or section 1963 of title 18, United States Code, which property belonged to or was possessed by a person subject to sanctions and designated by the Secretary of Treasury or the Secretary of State, pursuant to Executive Order 14024, and as expanded by Executive Order 14066 of March 8, 2022, and relied on for additional steps taken in Executive Order 14039 of August 20, 2021, and Executive Order 14068 of March 11, 2022.

(2) The term “appropriate congressional committees” means—

(A) the Committees on the Judiciary of the House of Representatives and of the Senate;

(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate;

(C) the Committee on Financial Services of the House of Representatives and the Committee on Finance of the Senate; and

(D) the Committees on Appropriations of the House of Representatives and of the Senate.

(d) Sunset.—The authority under this section shall apply to any covered forfeited property seized on or before the date of the enactment of this Act and on or before May 1, 2025.

SEC. 5830. REMOVING RUSSIAN ROUGH DIAMONDS FROM GLOBAL MARKETS.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of State, in coordination with the Secretary of the Treasury and the heads of all other relevant interagency partners, should instruct the United States representatives at each international institution as follows:

(1) To use the voice and vote of the United States to expel Russia from the Kimberley Process to ensure that Russian source and origin rough diamonds are not used to finance Russia’s war in Ukraine or to circumvent United States sanctions.

(2) To engage the current chair of the Kimberley Process to ensure that Russia’s exclusion from the process is brought to a formal decision in a timely manner.

(3) To use the role of the United States in the Working Group on Monitoring in the Kimberley Process to ensure that Kimberley Process compliance obligations include assessments on tractability and provenance of potential Russian diamonds moving through a particular country’s compliance system.

(4) To work with other participants in the Kimberley Process, including partner countries that provide avenues for sanctioned Russian oligarchs to protect their wealth, to develop a coordinated policy with respect to ensuring Russian rough diamonds, precious metals, or other assets are not used to circumvent United States sanctions on Russian oligarchs.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Treasury and the Department of Homeland Security, shall submit to the appropriate congressional committees a report on the implementation of United States sanctions of Russian diamond companies that includes the following:

(1) An assessment on how specific countries are implementing sanctions imposed with respect to the Russian state-owned enterprise Alrosa and other sanctioned Russian diamond companies, including in particular the countries that—

(A) receive security assistance from the United States authorized under title 10, United States Code, or under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and

(B) have signed a collective defense arrangement with the United States.

(2) A list of which countries wealthy Russian oligarchs, sanctioned or otherwise, have emigrated to following the outbreak of the war in Ukraine.

(3) An assessment on how implementation and enforcement of the sanctions imposed with respect to Alrosa can be strengthened, including through mechanisms for traceability.

(c) Resources.—In completing the report required by subsection

(b), the relevant departments shall directly engage with key industry associations and members, including grading laboratories, on matters of technical importance, including traceability and provenance.

SEC. 5831. LIU XIAOBO FUND FOR STUDY OF THE CHINESE LANGUAGE.

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

(1) as a substitute to Confucius Institutes, the United States Government should invest heavily into alternative programs and institutions that ensure there remains a robust pipeline of Americans learning China’s many languages; and

(2) in a 21st century that will be dominated by a strategic competition between the United States and China, it is in the national security interests of the United States to ensure that Americans continue to invest in Chinese language skills, as well as Tibetan, Uyghur, and Mongolian languages, while ensuring they can do so in a context free of malign political influence from foreign state actors.

(b) Establishment of the Liu Xiaobo Fund for Study of the Chinese Language.—The Secretary of State shall establish in the Department of State the “Liu Xiaobo Fund for Study of the Chinese Language” to fund study by United States persons of Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China, abroad or in the United States.

(c) Authorization of Appropriations.—There are authorized to be appropriated to the Department of State for fiscal year 2021 and every fiscal year thereafter, $10,000,000 to carry out the Liu Xiaobo Fund for Study of the Chinese Language.

(d) Required Activities.—Amounts authorized to be appropriated pursuant to subsection (c) shall—

(1) be designed to advance the national security and foreign policy interests of the United States, as determined by the Secretary of State;

(2) favor funding mechanisms that can maximize the total number of United States persons given the opportunity to acquire full conversational linguistic proficiency in Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China;

(3) favor funding mechanisms that provide opportunities for such language study to areas traditionally under-served by such opportunities;

(4) be shaped by an ongoing consultative process taking into account design inputs of—

(A) civil society institutions, including Chinese diaspora community organizations;

(B) language experts in Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China;

(C) organizations representing historically disadvantaged socioeconomic groups in the United States; and

(D) human rights organizations; and

(5) favor opportunities to fund the study of Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China at Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, historically Black college or universities, Native American- serving nontribal institutions, Native Hawaiian-serving institutions, Predominantly Black institutions, Tribal Colleges or Universities.

(e) Report.—

(1) In general.—Not later than 120 days after the date of the enactment of this Act and annually thereafter for five years, the Secretary of State, in consultation with the heads of appropriate Federal departments and agencies, as appropriate, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing activities and disbursements made to carry out this Act over the immediately preceding academic year.

(2) Report contents.—Each report required under paragraph

(1) shall include details on—

(A) which institutions, programs, or entities received funds through the Liu Xiaobo Fund for Study of the Chinese Language;

(B) funds distribution disaggregated by institution, program, or entity, including identification of the State or country in which such institution, program, or entity is located;

(C) the number of United States persons who received language study under the Liu Xiaobo Fund for Study of the Chinese Language, and the average amount disbursed per person for such study;

(D) a comparative analysis of per dollar program effectiveness and efficiency in allowing United States persons to reach conversational proficiency Mandarin or Cantonese Chinese, Tibetan, Uyghur, Mongolian, or other contemporary spoken languages of China;

(E) an analysis of which of the languages referred to in subparagraph (D) were studied through the funding from the Liu Xiaobo Fund for Study of the Chinese Language; and

(F) any recommendations of the Secretary of State for improvements to the authorities, priorities, or management of the Liu Xiaobo Fund for Study of the Chinese Language.

(f) Interagency Funds Transfers Authorization.—Amounts authorized to be appropriated to the Secretary of State to carry out this Act are authorized to be transferred to the heads of other appropriate Federal departments and agencies for similar purposes, subject to prior notification to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. Such heads shall consult with the Secretary in the preparation of the report required under subsection (e).

(g) Limitations.—Amounts authorized to be appropriated to carry out this Act may only be made available for the costs of language study funded and administration incurred by the Department of State or programs carried out by the Department of State (or by another Federal department or agency pursuant to subsection (f)) to carry out this section.

(h) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for Operations and Maintenance, Defense-Wide, as specified in the corresponding funding table in section 4301, is hereby reduced by $10,000,000.

(i) Definitions.—In this section:

(1) The term “Alaska Native-serving institution” has the meaning given such term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))

(2) The term “Asian American and Native American Pacific Islander-serving institution” has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).

(3) The term “Hispanic-serving institution” has the meaning given such term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).

(4) The term “historically Black college or university” means a part B institution described in section 322(2) of the Higher Education Act of 1965 (22 U.S.C. 1061(2)).

(5) The term “Native American-serving nontribal institution” has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).

(6) The term “Native Hawaiian-serving institution” has the meaning given such term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).

(7) The term “Predominantly Black institution” has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).

(8) The term “Tribal College or University” has the meaning given such term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).

SEC. 5832. ACCESS FOR VETERANS TO RECORDS.

(a) Plan to Eliminate Records Backlog at the National Personnel Records Center.—

(1) Plan required.—Not later than 60 days after the date of the enactment of this Act, the Archivist of the United States shall submit to the appropriate congressional committees a comprehensive plan for reducing the backlog of requests for records from the National Personnel Records Center and improving the efficiency and responsiveness of operations at the National Personnel Records Center, that includes, at a minimum, the following:

(A) An estimate of the number of backlogged record requests for veterans.

(B) Target timeframes to reduce the backlog.

(C) A detailed plan for using existing funds to improve the information technology infrastructure, including secure access to appropriate agency Federal records, to prevent future backlogs.

(D) Actions to improve customer service for requesters.

(E) Measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals.

(F) Strategies to prevent future record request backlogs, including backlogs caused by an event that prevents employees of the Center from reporting to work in person.

(2) Updates.—Not later than 90 days after the date on which the comprehensive plan is submitted under paragraph (1), and biannually thereafter until the response rate by the National Personnel Records Center reaches 90 percent of all requests in 20 days or less, not including any request involving a record damaged or lost in the National Personnel Records Center fire of 1973 or any request that is subject to a fee that has not been paid in a timely manner by the requestor (provided the National Personnel Records Center issues an invoice within 20 days after the date on which the request is made), the Archivist of the United States shall submit to the appropriate congressional committees an update of such plan that—

(A) describes progress made by the National Personnel Records Center during the preceding 90-day period with respect to record request backlog reduction and efficiency and responsiveness improvement;

(B) provides data on progress made toward the goals identified in the comprehensive plan; and

(C) describes any changes made to the comprehensive plan.

(3) Consultation requirement.—In carrying out paragraphs

(1) and (2), the Archivist of the United States shall consult with the Secretary of Veterans Affairs.

(4) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(A) the Committee on Oversight and Reform and the Committee on Veterans’ Affairs of the House of Representatives; and

(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans’ Affairs of the Senate.

(b) Additional Funding to Address Records Backlog.—

(1) Authorization of appropriations.—In addition to amounts otherwise available, there is authorized to be appropriated to the National Archives and Records Administration, $60,000,000 to address backlogs in responding to requests from veterans for military personnel records, improve cybersecurity, improve digital preservation and access to archival Federal records, and address backlogs in requests made under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). Such amounts may also be used for the Federal Records Center Program.

(2) Requirement to maintain in-person staffing levels.—Not later than 30 days after the date of the enactment of this Act, the Archivist of the United States shall ensure that the National Personnel Records Center maintains staffing levels and telework arrangements that enable the maximum processing of records requests possible in order to achieve the performance goal of responding to 90 percent of all requests in 20 days or less, not including any request involving a record damaged or lost in the National Personnel Records Center fire of 1973 or any request that is subject to a fee that has not been paid in a timely manner by the requestor (provided the National Personnel Records Center issues an invoice within 20 days after the date on which the request is made).

(3) Inspector general reporting.—The Inspector General for the National Archives and Records Administration shall, for two years following the date of the enactment of this Act, include in every semiannual report submitted to Congress pursuant to the Inspector General Act of 1978, a detailed summary of—

(A) efforts taken by the National Archives and Records Administration to address the backlog of records requests at the National Personnel Records Center; and

(B) any recommendations for action proposed by the Inspector General related to reducing the backlog of records requests at the National Personnel Records Center and the status of compliance with those recommendations by the National Archives and Records Administration.

SEC. 5833. JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.

Public Law 109-441 (120 Stat. 3290) is amended—

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

“(4) Japanese american confinement education grants.—The term ‘Japanese American Confinement Education Grants’ means competitive grants, awarded through the Japanese American Confinement Sites Program, for Japanese American organizations to educate individuals, including through the use of digital resources, in the United States on the historical importance of Japanese American confinement during World War II, so that present and future generations may learn from Japanese American confinement and the commitment of the United States to equal justice under the law.

“(5) Japanese american organization.—The term ‘Japanese American organization’ means a private nonprofit organization within the United States established to promote the understanding and appreciation of the ethnic and cultural diversity of the United States by illustrating the Japanese American experience throughout the history of the United States.”; and

(2) in section 4—

(A) by inserting “(a) In General.—” before “There are authorized”;

(B) by striking “$38,000,000” and inserting “$80,000,000”; and

(C) by adding at the end the following:

“(b) Japanese American Confinement Education Grants.—

“(1) In general.—Of the amounts made available under this section, not more than $10,000,000 shall be awarded as Japanese American Confinement Education Grants to Japanese American organizations. Such competitive grants shall be in an amount not less than $750,000 and the Secretary shall give priority consideration to Japanese American organizations with fewer than 100 employees.

“(2) Matching requirement.—

“(A) Fifty percent.—Except as provided in subparagraph (B), for funds awarded under this subsection, the Secretary shall require a 50 percent match with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued, as determined by the Secretary.

“(B) Waiver.—The Secretary may waive all or part of the matching requirement under subparagraph (A), if the Secretary determines that—

“(i) no reasonable means are available through which an applicant can meet the matching requirement; and

“(ii) the probable benefit of the project funded outweighs the public interest in such matching requirement.”.

SEC. 5834. REPORTING ON INTERNATIONALLY RECOGNIZED HUMAN RIGHTS IN THE UNITED STATES IN THE ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding at the end the following:

“(h) Internationally Recognized Human Rights in the United States.—The report required by subsection (d) shall include a section that provides a list of reports published during the prior year by United States government agencies on the status of internationally recognized human rights in the United States, including reports issued by the Department of Justice, the Department of Homeland Security and the United States Commission on Civil Rights.”.

SEC. 5835. EXPORT PROHIBITION OF MUNITIONS ITEMS TO THE HONG KONG POLICE FORCE.

Section 3 of the Act entitled “An Act to prohibit the commercial export of covered munitions items to the Hong Kong Police Force”, approved November 27, 2019 (Public Law 116-77; 133 Stat. 1173), is amended by striking “December 31, 2021” and inserting the following: “December 31, 2024”.

SEC. 5836. CONGRESSIONAL NOTIFICATION FOR REWARDS PAID USING CRYPTOCURRENCIES.

(a) In General.—Section 36(e)(6) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) is amended by adding at the end the following new sentence: “Not later than 15 days before making a reward in a form that includes cryptocurrency, the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such form for the reward.”.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the use of cryptocurrency as a part of the Department of State Rewards program established under section 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a)) that—

(1) justifies any determination of the Secretary to make rewards under such program in a form that includes cryptocurrency;

(2) lists each cryptocurrency payment made under such program as of the date of the submission of the report;

(3) provides evidence of the manner and extent to which cryptocurrency payments would be more likely to induce whistleblowers to come forward with information than rewards paid out in United States dollars or other forms of money or nonmonetary items; and

(4) examines whether the Department’s use of cryptocurrency could provide bad actors with additional hard-to-trace funds that could be used for criminal or illicit purposes.

SEC. 5837. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY MEMBERS IN NORTH KOREA.

(a) Consultations.—

(1) Consultations with south korea.—The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members.

(2) Consultations with korean americans.—The Special Envoy on North Korean Human Rights Issues of the Department of State should regularly consult with representatives of Korean Americans who have family members in North Korea with respect to efforts to reunite families divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members.

(b) Report.—Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the consultations conducted pursuant to this section during the preceding year.

SEC. 5838. SECURE ACCESS TO SANITATION FACILITIES FOR WOMEN AND GIRLS.

Subsection (a) of section 501 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2601 note) is amended—

(1) by redesignating paragraphs (6) through (11) as paragraphs (7) through (12), respectively; and

(2) by inserting after paragraph (5) the following new paragraph:

“(6) the provision of safe and secure access to sanitation facilities, with a special emphasis on women, girls, and vulnerable populations.”.

SEC. 5839. BLACKWATER TRADING POST LAND.

(a) Definitions.—In this section:

(1) The term “Blackwater Trading Post Land” means the approximately 55.3 acres of land as depicted on the map that—

(A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and

(B) is owned by the Community.

(2) The term “Community” means the Gila River Indian Community of the Reservation.

(3) The term “map” means the map entitled “Results of Survey, Ellis Property, A Portion of the West \1/2\ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona” and dated October 15, 2012.

(4) The term “Reservation” means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community.

(5) The term “Secretary” means the Secretary of the Interior.

(b) Land Taken Into Trust for Benefit of the GILA River Indian Community.—

(1) In general.—The Secretary shall take the Blackwater Trading Post land into trust for the benefit of the Community, after the Community—

(A) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land;

(B) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community;

(C) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and

(D) pays all costs of any survey conducted under subparagraph (C).

(2) Availability of map.—Not later than 180 days after the Blackwater Trading Post Land is taken into trust under paragraph (1), the map shall be on file and available for public inspection in the appropriate offices of the Secretary.

(3) Lands taken into trust part of reservation.—After the date on which the Blackwater Trading Post Land is taken into trust under paragraph (1), the land shall be treated as part of the Reservation.

(4) Gaming.—Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under paragraph (1).

(5) Description.—Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and-bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land.

(c) CERCLA Compliance.—In carrying out this section, the Secretary shall comply with section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

SEC. 5840. AUTHORIZATIONS RELATING TO VETERINARY CARE OVERSEAS.

(a) Department of State.—The Secretary of State, in consultation with the Director of the Centers for Disease Control and Prevention, is authorized, in order to facilitate the importation to the United States, of domestic animals by officers and employees of the United States Government, and their dependents, under the authority of any Chief of Mission from a country classified by the Centers for Disease Control and Prevention as high risk for dog rabies—

(1) to enter into contracts with individuals who are licensed in the United States for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations and including pursuant to section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to provide veterinary care overseas for domestic animals of such officers, employees, and dependents, except that—

(A) such individuals may not be deemed officers or employees of the United States for the purpose of any law administered by the Office of Personnel Management; and

(B) such individuals shall be expected to be available to travel to any overseas post as necessary to provide veterinary care and shall not be hired for or detailed exclusively to any specific overseas post; and

(2) to take such steps as may be necessary to provide medical services or related support with respect to the domestic animals of such officers, employees, and dependents, including in particular the purchase, procurement, delivery, and administration of rabies vaccines licensed by the Secretary of Agriculture, on a reimbursable basis to the extent feasible, except that such reimbursement may not exceed the amount that would be charged for equivalent veterinarian services if received in the United States.

(b) Use of Existing Mechanisms.—To the maximum extent practicable, the Secretary of State shall use existing mechanisms, including for the purchase, procurement, delivery, and administration of COVID-19 vaccines to officers and employees of the United States Government and their dependents under the authority of any Chief of Mission abroad, to carry out the authorities provided by subsection (a), especially with respect to the purchase, procurement, delivery, and administration of rabies vaccines licensed by the Secretary of Agriculture.

(c) Definitions.—In this section—

(1) the term “domestic animal” means a dog or a cat; and

(2) the term “officers and employees of the United States Government” includes volunteers in the Peace Corps.

SEC. 5841. CRISIS COUNSELING ASSISTANCE AND TRAINING.

(a) Federal Emergency Assistance.—Section 502(a)(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)(6)) is amended by inserting “and section 416” after “section 408”.

(b) Applicability.—The amendment made by subsection (a) shall only apply to amounts appropriated on or after the date of enactment of this Act.

SEC. 5842. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION LAND.

Section 714(a) of the California Desert Protection Act of 1994 (Public Law 103-433; 16 U.S.C. 410aaa-81c(a)) is amended by striking paragraph (3) and inserting the following:

“(3) Conservation land.—The term ‘conservation land’ means—

“(A) any land within the Conservation Area that is designated to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan;

“(B) any national conservation land within the Conservation Area established pursuant to section 2002(b)(2)(D) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202(b)(2)(D)); and

“(C) any area of critical environmental concern within the Conservation Area established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(3)).”.

SEC. 5843. JAMAL KHASHOGGI PRESS FREEDOM ACCOUNTABILITY ACT OF 2021.

(a) Expanding Scope of Human Rights Reports With Respect to Violations of Human Rights of Journalists.—The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended as follows:

(1) In paragraph (12) of section 116(d)—

(A) in subparagraph (B)—

(i) by inserting “or online harassment” after “direct physical attacks”; and

(ii) by inserting “or surveillance” after “sources of pressure”;

(B) in subparagraph (C)(ii), by striking “ensure the prosecution” and all that follows to the end of the clause and inserting “ensure the investigation, prosecution, and conviction of government officials or private individuals who engage in or facilitate digital or physical attacks, including hacking, censorship, surveillance, harassment, unlawful imprisonment, or bodily harm, against journalists and others who perform, or provide administrative support to, the dissemination of print, broadcast, internet-based, or social media intended to communicate facts or opinion.”;

(C) by redesignating subparagraphs (B) and (C) (as amended by subparagraph (A) of this section) as subparagraphs (C) and (D), respectively; and

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

“(B) an identification of countries in which there were gross violations of internationally recognized human rights (as such term is defined for purposes of section 502B) committed against journalists;”.

(2) By redesignating the second subsection (i) of section 502B as subsection (j).

(3) In the first subsection (i) of section 502B—

(A) in paragraph (2)—

(i) by inserting “or online harassment” after “direct physical attacks”; and

(ii) by inserting “or surveillance” after “sources of pressure”;

(B) by redesignating paragraph (2) (as amended by subparagraph (A) of this section) and paragraph (3) as paragraphs (3) and (4), respectively; and

(C) by inserting after paragraph (1) the following new paragraph:

“(2) an identification of countries in which there were gross violations of internationally recognized human rights committed against journalists;”.

(b) Imposition of Sanctions on Persons Responsible for the Commission of Gross Violations of Internationally Recognized Human Rights Against Journalists.—

(1) Listing of persons who have committed gross violations of internationally recognized human rights.—

(A) In general.—On or after the date on which a person is listed pursuant to subparagraph (B), the President shall impose the sanctions described in paragraph (2) on each foreign person the President determines, based on credible information, has perpetrated, ordered, or otherwise directed the extrajudicial killing of or other gross violation of internationally recognized human rights committed against a journalist or other person who performs, or provides administrative support to, the dissemination of print, broadcast, internet-based, or social media intended to report newsworthy activities or information, or communicate facts or fact-based opinions.

(B) Publication of list.—The Secretary of State shall publish on a publicly available website of the Department of State a list of the names of each foreign person determined pursuant to subparagraph (A) to have perpetrated, ordered, or directed an act described in such paragraph. Such list shall be updated at least annually.

(C) Exception.—The President may waive the imposition of sanctions under subparagraph (A) (and omit a foreign person from the list published in accordance with subparagraph (B)) or terminate such sanctions and remove a foreign person from such list, if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate—

(i) that public identification of the individual is not in the national interest of the United States, including an unclassified description of the factual basis supporting such certification, which may contain a classified annex; or

(ii) that appropriate foreign government authorities have credibly—

(I) investigated the foreign person and, as appropriate, held such person accountable for perpetrating, ordering, or directing the acts described in subparagraph (A);

(II) publicly condemned violations of the freedom of the press and the acts described in subparagraph (A);

(III) complied with any requests for information from international or regional human rights organizations with respect to the acts described in subparagraph (A); and

(IV) complied with any United States Government requests for information with respect to the acts described in subparagraph (A).

(2) Sanctions described.—The sanctions described in this paragraph are the following:

(A) Asset blocking.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person identified in the report required under paragraph (1)(A) if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person.

(B) Ineligibility for visas, admission, or parole.—

(i) Visas, admission, or parole.—An alien described in paragraph (1)(A) is—

(I) inadmissible to the United States;

(II) ineligible to receive a visa or other documentation to enter the United States; and

(III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(ii) Current visas revoked.—

(I) In general.—An alien described in paragraph (1)(A) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.

(II) Immediate effect.—A revocation under subclause (I) shall take effect immediately, and automatically cancel any other valid visa or entry documentation that is in the alien’s possession.

(C) Exceptions.—

(i) Exception for intelligence activities.—The sanctions described in this paragraph shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.

(ii) Exception to comply with international obligations.—The sanctions described in this paragraph shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.

(3) Implementation; penalties.—

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

(B) Penalties.—The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.

(4) Exception relating to the importation of goods.—

(A) In general.—The authorities and requirements to impose sanctions under this section shall not include any authority or requirement to impose sanctions on the importation of goods.

(B) Good defined.—For purposes of this section, the term “good” means any article, natural or man- made substance, material, supply, or manufactured product, including inspection and test equipment and excluding technical data.

(5) Definitions.—In this subsection:

(A) The terms “admitted” and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001).

(B) The term “foreign person” means an individual who is not—

(i) a United States citizen or national; or

(ii) an alien lawfully admitted for permanent residence to the United States.

(C) The term “United States person” means—

(i) a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States;

(ii) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity; or

(iii) any person in the United States.

(c) Prohibition on Foreign Assistance.—

(1) Prohibition.—Assistance authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) may not be made available to any governmental entity of a country if the Secretary of State or the Director of National Intelligence has credible information that one or more officials associated with, leading, or otherwise acting under the authority of such entity has committed a gross violation of internationally recognized human rights against a journalist or other person who performs, or provides administrative support to, the dissemination of print, broadcast, internet-based, or social media intended to report newsworthy activities or information, or communicate facts or fact-based opinions. To the maximum extent practicable, a list of such governmental entities shall be published on publicly available websites of the Department of State and of the Office of the Director of National Intelligence and shall be updated on a regular basis.

(2) Prompt information.—The Secretary of State shall promptly inform appropriate officials of the government of a country from which assistance is withheld in accordance with the prohibition under paragraph (1).

(3) Exception.—The prohibition under paragraph (1) shall not apply with respect to the following:

(A) Humanitarian assistance or disaster relief assistance authorized under the Foreign Assistance Act of 1961.

(B) Assistance the Secretary determines to be essential to assist the government of a country to bring the responsible members of the relevant governmental entity to justice for the acts described in paragraph (1).

(4) Waiver.—

(A) In general.—The Secretary of State, may waive the prohibition under paragraph (1) with respect to a governmental entity of a country if—

(i) the President, acting through the Secretary of State and the Director of National Intelligence, determines that such a waiver is in the national security interest of the United States; or

(ii) the Secretary of State has received credible information that the government of that country has—

(I) performed a thorough investigation of the acts described in paragraph (1) and is taking effective steps to bring responsible members of the relevant governmental entity to justice;

(II) condemned violations of the freedom of the press and the acts described in paragraph (1);

(III) complied with any requests for information from international or regional human rights organizations with respect to the acts described in paragraph (1), in accordance with international legal obligations to protect the freedom of expression; and

(IV) complied with United States Government requests for information with respect to the acts described in paragraph (1).

(B) Certification.—A waiver described in subparagraph (A) may only take effect if—

(i) the Secretary of State certifies, not later than 30 days before the effective date of the waiver, to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that such waiver is warranted and includes an unclassified description of the factual basis supporting the certification, which may contain a classified annex; and

(ii) the Director of National Intelligence, not later than 30 days before the effective date of the waiver, submits to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report detailing any underlying information that the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) has regarding the perpetrators of the acts described in paragraph

(1), which shall be submitted in unclassified form but may contain a classified annex.

SEC. 5844. GAO STUDY ON THE DANIEL PEARL FREEDOM OF THE PRESS ACT OF 2009.

(a) Study.—The Comptroller General of the United States shall evaluate the implementation of the Daniel Pearl Freedom of the Press Act of 2009 (Public Law 111-166) by—

(1) assessing the effects of including the information described in section 116(d)(12) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(12)) in the annual Country Reports on Human Rights Practices; and

(2) determining how reporting on instances of governmental suppression of free press abroad and inaction in addressing press freedom violations has changed since the enactment of the Daniel Pearl Freedom of the Press Act of 2009.

(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress and to the Secretary of State a report that—

(1) summarizes the results of the study required under subsection (a); and

(2) provides recommendations for any legislative or regulatory action that would improve the efforts of the Department of State to report on issues of press freedom abroad.

SEC. 5845. SECRETARY OF STATE ASSISTANCE FOR PRISONERS IN ISLAMIC REPUBLIC OF IRAN.

(a) Statement of Policy.—It is the policy of the United States that—

(1) the Islamic Republic of Iran should allow the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran unimpeded access to facilitate the full implementation of the mandate of the United Nations Special Rapporteur, including—

(A) investigating alleged violations of human rights that are occurring or have occurred both within prisons and elsewhere;

(B) transmitting urgent appeals and letters to the Islamic Republic of Iran regarding alleged violations of human rights; and

(C) engaging with relevant stakeholders in the Islamic Republic of Iran and the surrounding region;

(2) the Islamic Republic of Iran should immediately end violations of the human rights of political prisoners or persons imprisoned for exercising the right to freedom of speech, including—

(A) torture;

(B) denial of access to health care; and

(C) denial of a fair trial;

(3) all prisoners of conscience and political prisoners in the Islamic Republic of Iran should be unconditionally and immediately released;

(4) all diplomatic tools of the United States should be invoked to ensure that all prisoners of conscience and political prisoners in the Islamic Republic of Iran are released, including raising individual cases of particular concern; and

(5) all officials of the government of the Islamic Republic of Iran who are responsible for human rights abuses in the form of politically motivated imprisonment should be held to account, including through the imposition of sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.) and other applicable statutory authorities of the United States.

(b) Assistance for Prisoners.—The Secretary of State is authorized to continue to provide assistance to civil society organizations that support prisoners of conscience and political prisoners in the Islamic Republic of Iran, including organizations that—

(1) work to secure the release of such prisoners;

(2) document violations of human rights with respect to such prisoners;

(3) support international advocacy to raise awareness of issues relating to such prisoners;

(4) support the health, including mental health, of such prisoners; and

(5) provide post-incarceration assistance to enable such prisoners to resume normal lives, including access to education, employment, or other forms of reparation.

(c) Definitions.—In this section:

(1) The term “political prisoner” means a person who has been detained or imprisoned on politically motivated grounds and may include persons that—

(A) have used violence;

(B) have advocated violence or hatred; or

(C) have committed a minor offense that serves as a pretext for politically motivated imprisonment.

(2) The term “prisoner of conscience” means a person who—

(A) is imprisoned or otherwise physically restricted solely in response to the peaceful exercise of the human rights of such person; and

(B) has not used violence or advocated violence or hatred.

SEC. 5846. POLICY REGARDING DEVELOPMENT OF NUCLEAR WEAPONS BY IRAN.

(a) Findings.—Congress finds the following:

(1) Congress and several successive Presidential administrations have long sought to prevent Iran from ever acquiring a nuclear weapon.

(2) It is currently estimated that Iran is almost to the point of having enough highly-enriched nuclear material to produce a nuclear weapon, if further enriched.

(3) On March 3, 2020, the International Atomic Energy Agency (IAEA) Director General reported to the Agency’s Board of Governors that nuclear material was found at three previously undisclosed locations in Iran.

(4) The IAEA reported it began investigating this matter pursuant to Iran’s IAEA safeguards obligations in 2019.

(5) On March 5, 2022, the IAEA and the Atomic Energy Organization of Iran announced an agreement wherein Iran committed to provide the IAEA with information and documents in response to the IAEA’s questions related to uranium particles discovered at undeclared sites in Iran.

(6) On June 6, 2022, the Director General of the IAEA stated that “Iran has not provided explanations that are technically credible in relation to the Agency’s findings at three undeclared locations in Iran. Nor has Iran informed the Agency of the current location, or locations, of the nuclear material and/or of the equipment contaminated with nuclear material, that was moved from Turquzabad in 2018.”.

(7) On June 8, 2022, the IAEA Board of Governors overwhelmingly adopted a resolution calling on Iran to cooperate with the IAEA on an urgent basis to fulfil its safeguards obligations and expressing profound concern with Iran’s insufficient substantive cooperation thus far, with 30 Board Members voting in favor, two voting against, and three abstaining.

(8) The IAEA Board of Governors’s resolution called upon Iran to “act on an urgent basis to fulfill its legal obligations and, without delay, take up the Director General’s offer of further engagement to clarify and resolve all outstanding safeguards issues.”.

(9) Shortly before the IAEA Board of Governors’s vote adopting the resolution, Iran announced it would remove 27 IAEA cameras installed to monitor the separate issue of Iran’s JCPOA commitments at certain Iranian facilities and Iran has since followed through on disconnecting these cameras.

(10) Following the vote of the IAEA Board of Governors, Iran informed the IAEA it would install additional cascades of advanced IR-6 centrifuges at its Natanz facility;

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

(1) reiterates its commitment to ensuring Iran will never acquire a nuclear weapon;

(2) supports the important work of the IAEA in safeguarding nuclear material around the globe;

(3) condemns Iran for its lack of transparency and meaningful cooperation with the IAEA on the unresolved matter of uranium particles discovered at undeclared sites in Iran and additional escalatory actions related to its nuclear program; and

(4) applauds the IAEA Board of Governors’ resolution urging Iran’s full cooperation with the IAEA on outstanding safeguards issues on an urgent basis.

SEC. 5847. TRANSFER OF NOAA PROPERTY IN NORFOLK, VIRGINIA.

(a) In General.—The Act entitled, “An Act to authorize the Secretary of Commerce to sell or exchange certain National Oceanic and Atmospheric Administration property located in Norfolk, Virginia, and for other purposes”, enacted on October 13, 2008 (P.L. 110-393; 122 Stat. 4203), is amended by striking the heading and subsections (a),

(b), (c), and (d) of section 1 and inserting the following:

“SECTION 1. TRANSFER OF NOAA PROPERTY IN NORFOLK, VIRGINIA.

“(a) In General.—The Secretary of Commerce shall transfer without consideration all right, title, and interest of the United States in and to the property described in subsection (b) to the City of Norfolk, Virginia, not later than the earlier of—

“(1) the date on which the Secretary of Commerce has transferred all of the employees of the National Oceanic and Atmospheric Administration (in this section referred to as ‘NOAA’) from its facilities at the property described in subsection (b); or

“(2) 5 years after the date of the enactment of this Act.

“(b) Property Described.—The property described in this subsection is—

“(1) the real property under the administrative jurisdiction of the NOAA, including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres; and

“(2) the real property under the administrative jurisdiction of the NOAA, including land and improvements thereon, located at 439 W. York Street, Norfolk, Virginia, consisting of approximately 2.5231 acres.

“(c) Survey.—The exact acreage and legal description of the property described in subsection (b) shall be determined by a survey or surveys satisfactory to the Secretary.

“(d) Compliance With Comprehensive Environmental Response, Compensation, and Liability Act of 1980.—In carrying out this section, the Secretary shall comply with section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).”.

(b) Conforming Amendment.—Subsection (e) of section 1 of such Act (122 Stat. 4204) is amended by striking the first sentence.

SEC. 5848. ELIMINATION OF SENTENCING DISPARITY FOR COCAINE OFFENSES.

(a) Elimination of Increased Penalties for Cocaine Offenses Where the Cocaine Involved Is Cocaine Base.—

(1) Controlled substances act.—The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:

(A) Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 841(b)(1)(A)).

(B) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 841(b)(1)(B)).

(2) Controlled substances import and export act.—The following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed:

(A) Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 960(b)(1)).

(B) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)).

(3) Applicability to pending and past cases.—

(A) Pending cases.—This section, and the amendments made by this subsection, shall apply to any sentence imposed after the date of enactment of this section, regardless of when the offense was committed.

(B) Past cases.—

(i) In general.—In the case of a defendant who, on or before the date of enactment of this section, was sentenced for a Federal offense described in clause (ii), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code.

(ii) Federal offense described.—A Federal offense described in this clause is an offense that involves cocaine base that is an offense under one of the following:

(I) Section 401 of the Controlled Substances Act (21 U.S.C. 841).

(II) Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960).

(III) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)).

(IV) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in subclause (I),

(II), or (III).

(iii) Defendant not required to be present.—Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this subparagraph.

(iv) No reduction for previously reduced sentences.—A court may not consider a motion made under this subparagraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this section.

(v) No requirement to reduce sentence.— Nothing in this subparagraph may be construed to require a court to reduce a sentence pursuant to this subparagraph.

(b) 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.

SEC. 5849. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, SUPPLY, OR TRANSFER OF GOLD TO OR FROM RUSSIA.

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

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

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

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

(2) shall impose the sanctions described in subsection

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

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

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

(1) Blocking of property.—The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person identified in the report required by subsection (a)(1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) Ineligibility for visas, admission, or parole.—

(A) Visas, admission, or parole.—An alien described in subsection (a)(1) may be—

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) Current visas revoked.—

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

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

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

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

(c) Implementation; Penalties.—

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

(2) Penalties.—A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

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

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

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

(e) Termination.—

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

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

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

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

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

(2) Transition rules.—

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

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

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

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

(f) Exceptions.—

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

(2) Exception to comply with international agreements.— Sanctions under subsection (b)(2) may not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations.

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

(4) Exception relating to importation of goods.—

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

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

(g) Definitions.—In this section:

(1) The terms “admission”, “admitted”, “alien”, and “lawfully admitted for permanent residence” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

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

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

(4) The term “United States person” means—

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

(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

(C) any person in the United States.

SEC. 5850. SUPPORT FOR AFGHAN SPECIAL IMMIGRANT VISA AND REFUGEE APPLICANTS.

(a) Sense of Congress.—It is the sense of Congress that the United States should increase support for nationals of Afghanistan who aided the United States mission in Afghanistan during the past twenty years and are now under threat from the Taliban, specifically special immigrant visa applicants who are nationals of Afghanistan and referrals of nationals of Afghanistan to the United States Refugee Admissions Program, including through the Priority 2 Designation for nationals of Afghanistan, who remain in Afghanistan or are in third countries.

(b) Requirements.—The Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal departments and agencies, shall further surge capacity to better support special immigrant visa applicants who are nationals of Afghanistan and referrals of nationals of Afghanistan to the United States Refugee Admissions Program and who have been approved by the chief of mission, including through the Priority 2 Designation for nationals of Afghanistan, and reduce their application processing times, while ensuring strict and necessary security vetting, including, to the extent practicable, enabling refugee referrals to initiate application processes while still in Afghanistan.

(c) Surge Capacity Described.—The term “surge capacity” includes increasing consular personnel to any embassy or consulate in the region processing visa applications for nationals of Afghanistan.

SEC. 5851. LIABILITY FOR FAILURE TO DISCLOSE OR UPDATE INFORMATION.

Section 2313 of title 41, United States Code, is amended—

(1) in subsection (d)(3), by striking “, to the extent practicable,”;

(2) in subsection (f)(1), by striking “subsection (c)” and inserting “subsections (c) and (d)”;

(3) by redesignating subsection (g) as subsection (i); and

(4) by inserting after subsection (f) the following new subsections:

“(g) Liability.—A knowing and willful failure to disclose or update information in accordance with subsections (d)(3) and (f) can result in one or more of the following:

“(1) Entry of the violation in the database described by this section.

“(2) Liability pursuant to section 3729 of title 31.

“(3) Suspension or debarment.

“(h) Annual Report on Awardee Beneficial Ownership Reporting and Compliance.—

“(1) In general.—Not later than October 31 of each year, the Administrator of General Services, in coordination with the Secretary of Defense, shall submit to the congressional defense committees (as defined under section 101(a)(16) of title 10), the Committee on Oversight and Reform of the House of Representatives, and the Committee on Oversight and Governmental Affairs of the Senate a report that assesses the utility and risks of beneficial ownership disclosures by persons with Federal agency contracts and grants.

“(2) Content.—The report required under paragraph (1) shall address and include information about the number of beneficial ownership disclosures that were made by persons with Federal agency contracts and grants, gaps in the data caused by the divergent reporting threshold for government and awardee entries, the impact on small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), data on contractors owned by entities outside of the United States, data on violations of disclosure rules and any penalties assessed for disclosure non-compliance, and recommendations for improving the Federal Awardee Performance and Integrity Information System disclosures by a person with Federal agency contracts and grants.”.

SEC. 5852. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT ON CONTRACTORS USING DISTRIBUTORS TO AVOID SCRUTINY.

(a) In General.—The Comptroller General of the United States shall conduct a study on Federal Government contractors that supply goods to executive agencies using distributors or other intermediaries.

(b) Contents of the Study.—The study under subsection (a) shall assess—

(1) advantages and disadvantages of the use of distributors or other intermediaries by Federal Government contractors to supply goods to executive agencies; and

(2) whether the use of distributors or other intermediaries by Federal Government contractors has an effect on the ability of the Federal Government to acquire needed goods at reasonable prices.

(c) Report Required.—Not later than one year after the date of enactment of this Act, the Comptroller General shall submit a report containing the results of the study required by this section to the—

(1) Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate; and

(2) Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives.

SEC. 5853. SUPPLEMENT TO FEDERAL EMPLOYEE VIEWPOINT SURVEY.

(a) In General.—Not later than one year after the date of the enactment of this Act and every 2 years thereafter, the Office of Personnel and Management shall make available through a secure and accessible online portal a supplement to the Federal Employee Viewpoint Survey to assess employee experiences with workplace harassment and discrimination.

(b) Development of Supplement.—In developing the supplement, the Director shall—

(1) use best practices from peer-reviewed research measuring harassment and discrimination; and

(2) consult with the Equal Employment Opportunity Commission, experts in survey research related to harassment and discrimination, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of harassment and discrimination regarding the development and design of such supplement.

(c) Survey Questions.—Survey questions included in the supplement developed pursuant to this section shall—

(1) be designed to gather information on employee experiences with harassment and discrimination, including the experiences of victims of such incidents;

(2) use trauma-informed language to prevent retraumatization; and

(3) include—

(A) questions that give employees the option to report their demographic information;

(B) questions designed to determine the incidence and prevalence of harassment and discrimination;

(C) questions regarding whether employees know about agency policies and procedures related to harassment and discrimination;

(D) questions designed to determine if the employee reported perceived harassment or discrimination, to whom the incident was reported and what response the employee may have received;

(E) questions to determine why the employee chose to report or not report an incident;

(F) questions to determine satisfaction with the complaints process;

(G) questions to determine the impact of harassment and discrimination on performance and productivity;

(H) questions to determine the impact of harassment and discrimination on mental and physical health;

(I) questions to determine the impact and effectiveness of prevention and awareness programs and complaints processes;

(J) questions to determine attitudes toward harassment and discrimination, including the willingness of individuals to intervene as a bystander;

(K) questions to determine whether employees believe those who engage in harassment or discrimination will face disciplinary action;

(L) questions to determine whether employees perceive prevention and accountability for harassment and discrimination to be a priority for supervisors and agency leadership; and

(M) other questions, as determined by the Director.

(d) Responses.—The responses to the survey questions described in subsection (c) shall—

(1) be submitted confidentially;

(2) in the case of such responses being included in a report, shall not include personally identifiable information; and

(3) be disaggregated by agency and, to the extent practicable, operating division, department, or bureau.

(e) Publication.—The Director shall publish the results of the supplemental survey in a report on its website.

SEC. 5854. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS.

(a) In General.—Chapter 88 of title 18, United States Code, is amended by adding at the end the following: “Sec. 1802. Certain activities relating to intimate visual depictions

“(a) Definitions.—In this section:

“(1) Communications service.—The term ‘communications service’ means—

“(A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153), insofar as the person is acting as a common carrier;

“(B) an electronic communication service, as that term is defined in section 2510;

“(C) an information service, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and

“(D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).

“(2) Information content provider.—The term ‘information content provider’ has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).

“(3) Intimate visual depiction.—The term ‘intimate visual depiction’ means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and—

“(A) who is depicted engaging in sexually explicit conduct; or

“(B) whose genitals, anus, pubic area, or female nipple are unclothed and visible.

“(4) Visual depiction of a nude minor.—The term ‘visual depiction of a nude minor’ means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under the age of 18 at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct.

“(4) Sexually explicit conduct.—The term ‘sexually explicit conduct’ has the meaning given that term in section 2256(2)(A).

“(b) Offense.—

“(1) In general.—Except as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual—

“(A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution; and

“(B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and

“(C) where what is depicted is not a matter of public concern. For purposes of this section, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution.

“(2) Exception.—Except as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person.

“(c) Penalty.—

“(1) In general.—Any person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

“(2) Forfeiture.—

“(A) The court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States—

“(i) any material distributed in violation of this chapter;

“(ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and

“(iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense.

“(B) Section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subsection (1).

“(3) Restitution.—Restitution shall be available as provided in chapter 110A of title 18, United States Code, section 2264.

“(d) Exceptions.—

“(1) Law enforcement, lawful reporting, and other legal proceedings.—This section—

“(A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States;

“(B) shall not apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation; and

“(C) shall not apply in the case of a document production or filing associated with a legal proceeding.

“(2) Service providers.—This section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content.

“(e) Threats.—Any person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c).

“(f) Extraterritoriality.—There is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States.

“(g) Civil Forfeiture.—

“(1) The following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46 and no property right shall exist in them:

“(A) Any material distributed in violation of this chapter.

“(B) Any property, real or personal, that was used, in any manner, to commit or to facilitate the commission of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter or a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter.

“(C) Any property, real or personal, constituting, or traceable to the gross proceeds obtained or retained in connection with or as a result of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter, a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter.”.

(b) Clerical Amendment.—The table of sections of chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following:

“1802. Certain activities relating to intimate visual depictions.”.

SEC. 5855. WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR VETERANS’ SPECIAL EVENTS.

(a) Waiver.—The application fee for any special use permit solely for a veterans’ special event at war memorials on land administered by the National Park Service in the District of Columbia and its environs shall be waived.

(b) Definitions.—In this section:

(1) The term “the District of Columbia and its environs” has the meaning given that term in section 8902(a) of title 40, United States Code.

(2) The term “Gold Star Families” includes any individual described in section 3.2 of Department of Defense Instruction 1348.36.

(3) The term “special events” has the meaning given that term in section 7.96 of title 36, Code of Federal Regulations.

(4) The term “veteran” has the meaning given that term in section 101(2) of title 38, United States Code.

(5) The term “veterans’ special event” means a special event of which the majority of attendees are veterans or Gold Star Families.

(6) The term “war memorial” means any memorial or monument which has been erected or dedicated to commemorate a military unit, military group, war, conflict, victory, or peace.

(c) Applicability.—This section shall apply to any special use permit application submitted after the date of the enactment of this Act.

(d) Applicability of Existing Laws.—Permit applicants remain subject to all other laws, regulations, and policies regarding the application, issuance and execution of special use permits for a veterans’ special event at war memorials on land administered by the National Park Service in the District of Columbia and its environs.

SEC. 5856. REGIONAL WATER PROGRAMS.

(a) San Francisco Bay Restoration Grant Program.—Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

“SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

“(a) Definitions.—In this section:

“(1) Estuary partnership.—The term ‘Estuary Partnership’ means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320.

“(2) San francisco bay plan.—The term ‘San Francisco Bay Plan’ means—

“(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and

“(B) on and after the date of the completion of the plan developed by the Director under subsection

(d), the plan developed by the Director under subsection (d).

“(b) Program Office.—

“(1) Establishment.—The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency.

“(2) Appointment of director.—The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan.

“(3) Delegation of authority; staffing.—The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.

“(c) Annual Priority List.—

“(1) In general.—After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e).

“(2) Inclusions.—The annual priority list compiled under paragraph (1) shall include the following:

“(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for—

“(i) water quality improvement, including the reduction of marine litter;

“(ii) wetland, riverine, and estuary restoration and protection;

“(iii) nearshore and endangered species recovery; and

“(iv) adaptation to climate change.

“(B) Information on the projects, activities, and studies specified under subparagraph (A), including—

“(i) the identity of each entity receiving assistance pursuant to subsection (e); and

“(ii) a description of the communities to be served.

“(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list.

“(3) Consultation.—In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of—

“(A) the Estuary Partnership;

“(B) the State of California and affected local governments in the San Francisco Bay estuary watershed;

“(C) the San Francisco Bay Restoration Authority; and

“(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate.

“(d) San Francisco Bay Plan.—

“(1) In general.—Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay.

“(2) Revision of san francisco bay plan.—Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan.

“(3) Outreach.—In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders.

“(e) Grant Program.—

“(1) In general.—The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c).

“(2) Maximum amount of grants; non-federal share.—

“(A) Maximum amount of grants.—Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts.

“(B) Non-federal share.—Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources.

“(f) Funding.—

“(1) Administrative expenses.—Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section.

“(2) Prohibition.—No amounts made available under this section may be used for the administration of a management conference under section 320.”.

(b) Puget Sound Coordinated Recovery.—Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

“SEC. 124. PUGET SOUND.

“(a) Definitions.—In this section:

“(1) Coastal nonpoint pollution control program.—The term ‘Coastal Nonpoint Pollution Control Program’ means the State of Washington’s Coastal Nonpoint Pollution Control Program approved under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990.

“(2) Director.—The term ‘Director’ means the Director of the Program Office.

“(3) Federal action plan.—The term ‘Federal Action Plan’ means the plan developed under subsection (c)(3)(B).

“(4) International joint commission.—The term ‘International Joint Commission’ means the International Joint Commission established by the Treaty relating to the boundary waters and questions arising along the boundary between the United States and Canada, signed at Washington January 11, 1909, and entered into force May 5, 1910 (36 Stat. 2448; TS 548; 12 Bevans 319).

“(5) Pacific salmon commission.—The term ‘Pacific Salmon Commission’ means the Pacific Salmon Commission established by the United States and Canada under the Treaty concerning Pacific salmon, with annexes and memorandum of understanding, signed at Ottawa January 28, 1985, and entered into force March 18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly known as the ‘Pacific Salmon Treaty’).

“(6) Program office.—The term ‘Program Office’ means the Puget Sound Recovery National Program Office established by subsection (b).

“(7) Puget sound action agenda; action agenda.—The term ‘Puget Sound Action Agenda’ or ‘Action Agenda’ means the most recent plan developed by the Puget Sound National Estuary Program Management Conference, in consultation with the Puget Sound Tribal Management Conference, and approved by the Administrator as the comprehensive conservation and management plan for the Puget Sound under section 320.

“(8) Puget sound federal leadership task force.—The term ‘Puget Sound Federal Leadership Task Force’ means the Puget Sound Federal Leadership Task Force established under subsection (c).

“(9) Puget sound federal task force.—The term ‘Puget Sound Federal Task Force’ means the Puget Sound Federal Task Force established in 2016 under a memorandum of understanding among 9 Federal agencies.

“(10) Puget sound national estuary program management conference.—The term ‘Puget Sound National Estuary Program Management Conference’ means the management conference for the Puget Sound convened pursuant to section 320.

“(11) Puget sound partnership.—The term ‘Puget Sound Partnership’ means the State agency created under the laws of the State of Washington (section 90.71.210 of the Revised Code of Washington), or its successor agency that has been designated by the Administrator as the lead entity to support the Puget Sound National Estuary Program Management Conference.

“(12) Puget sound region.—

“(A) In general.—The term ‘Puget Sound region’ means the land and waters in the northwest corner of the State of Washington from the Canadian border to the north to the Pacific Ocean on the west, including Hood Canal and the Strait of Juan de Fuca.

“(B) Inclusion.—The term ‘Puget Sound region’ includes all watersheds that drain into the Puget Sound.

“(13) Puget sound tribal management conference.—The term ‘Puget Sound Tribal Management Conference’ means the 20 treaty Indian tribes of western Washington and the Northwest Indian Fisheries Commission.

“(14) Salish sea.—The term ‘Salish Sea’ means the network of coastal waterways on the west coast of North America that includes the Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca.

“(15) Salmon recovery plans.—The term ‘Salmon Recovery Plans’ means the recovery plans for salmon and steelhead species approved by the Secretary of the Interior under section 4(f) of the Endangered Species Act of 1973 that are applicable to the Puget Sound region.

“(16) State advisory committee.—The term ‘State Advisory Committee’ means the advisory committee established by subsection (d).

“(17) Treaty rights at risk initiative.—The term ‘Treaty Rights at Risk Initiative’ means the report from the treaty Indian tribes of western Washington entitled ‘Treaty Rights At Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change’ and dated July 14, 2011, or its successor report that outlines issues and offers solutions for the protection of Tribal treaty rights, recovery of salmon habitat, and management of sustainable treaty and nontreaty salmon fisheries, including through Tribal salmon hatchery programs.

“(b) Puget Sound Recovery National Program Office.—

“(1) Establishment.—There is established in the Environmental Protection Agency a Puget Sound Recovery National Program Office, to be located in the State of Washington.

“(2) Director.—

“(A) In general.—There shall be a Director of the Program Office, who shall have leadership and project management experience and shall be highly qualified to—

“(i) direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and

“(ii) align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes under the Action Agenda.

“(B) Position.—The position of Director of the Program Office shall be a career reserved position, as such term is defined in section 3132 of title 5, United States Code.

“(3) Delegation of authority; staffing.—Using amounts made available to carry out this section, the Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.

“(4) Duties.—The Director shall—

“(A) coordinate and manage the timely execution of the requirements of this section, including the formation and meetings of the Puget Sound Federal Leadership Task Force;

“(B) coordinate activities related to the restoration and protection of the Puget Sound across the Environmental Protection Agency;

“(C) coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(D) promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and protection of the Puget Sound;

“(E) serve on the Puget Sound Federal Leadership Task Force and collaborate with, help coordinate, and implement activities with other Federal agencies that have responsibilities involving the restoration and protection of the Puget Sound;

“(F) provide or procure such other advice, technical assistance, research, assessments, monitoring, or other support as is determined by the Director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, consistent with the best available science, to ensure the health of the Puget Sound ecosystem;

“(G) track the progress of the Environmental Protection Agency towards meeting the agency’s specified objectives and priorities within the Action Agenda and the Federal Action Plan;

“(H) implement the recommendations of the Comptroller General set forth in the report entitled ‘Puget Sound Restoration: Additional Actions Could Improve Assessments of Progress’ and dated July 19, 2018;

“(I) serve as liaison and coordinate activities for the restoration and protection of the Salish Sea with Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; and

“(J) carry out such additional duties as the Director determines necessary and appropriate.

“(c) Puget Sound Federal Leadership Task Force.—

“(1) Establishment.—There is established a Puget Sound Federal Leadership Task Force.

“(2) Membership.—

“(A) Composition.—The Puget Sound Federal Leadership Task Force shall be composed of the following members:

“(i) The following individuals appointed by the Secretary of Agriculture:

“(I) A representative of the National Forest Service.

“(II) A representative of the Natural Resources Conservation Service.

“(ii) A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce.

“(iii) The following individuals appointed by the Secretary of Defense:

“(I) A representative of the Corps of Engineers.

“(II) A representative of the Joint Base Lewis-McChord.

“(III) A representative of the Commander, Navy Region Northwest.

“(iv) The Director of the Program Office.

“(v) The following individuals appointed by the Secretary of Homeland Security:

“(I) A representative of the Coast Guard.

“(II) A representative of the Federal Emergency Management Agency.

“(vi) The following individuals appointed by the Secretary of the Interior:

“(I) A representative of the Bureau of Indian Affairs.

“(II) A representative of the United States Fish and Wildlife Service.

“(III) A representative of the United States Geological Survey.

“(IV) A representative of the National Park Service.

“(vii) The following individuals appointed by the Secretary of Transportation:

“(I) A representative of the Federal Highway Administration.

“(II) A representative of the Federal Transit Administration.

“(viii) Representatives of such other Federal agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary.

“(B) Qualifications.—Members appointed under this paragraph shall have experience and expertise in matters of restoration and protection of large watersheds and bodies of water, or related experience that will benefit the restoration and protection of the Puget Sound.

“(C) Co-chairs.—

“(i) In general.—The following members of the Puget Sound Federal Leadership Task Force shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force:

“(I) The representative of the National Oceanic and Atmospheric Administration.

“(II) The Director of the Program Office.

“(III) The representative of the Corps of Engineers.

“(ii) Leadership.—The Co-Chairs shall ensure the Puget Sound Federal Leadership Task Force completes its duties through robust discussion of all relevant issues. The Co- Chairs shall share leadership responsibilities equally.

“(3) Duties.—

“(A) General duties.—The Puget Sound Federal Leadership Task Force shall—

“(i) uphold Federal trust responsibilities to restore and protect resources crucial to Tribal treaty rights, including by carrying out government-to-government consultation with Indian tribes when requested by such tribes;

“(ii) provide a venue for dialogue and coordination across all Federal agencies represented by a member of the Puget Sound Federal Leadership Task Force to align Federal resources for the purposes of carrying out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by—

“(I) enabling and encouraging such agencies to act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(II) facilitating the coordination of Federal activities that impact such restoration and protection;

“(III) facilitating the delivery of feedback given by such agencies to the Puget Sound Partnership during the development of the Action Agenda;

“(IV) facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies;

“(V) providing a forum for exchanging information among such agencies regarding activities being conducted, including obstacles or efficiencies found, during restoration and protection activities; and

“(VI) promoting the efficient use of government resources in pursuit of such restoration and protection through coordination and collaboration, including by ensuring that the Federal efforts relating to the science necessary for such restoration and protection are consistent, and not duplicative, across the Federal Government;

“(iii) catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies;

“(iv) provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about the Puget Sound;

“(v) identify and inventory Federal environmental research and monitoring programs related to the Puget Sound, and provide such inventory to the Puget Sound National Estuary Program Management Conference;

“(vi) ensure that Puget Sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the Salish Sea that are being conducted by Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission;

“(vii) ensure that Puget Sound restoration and protection activities are consistent with national security interests;

“(viii) establish any working groups or committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to public policy and scientific issues; and

“(ix) raise national awareness of the significance of the Puget Sound.

“(B) Puget sound federal action plan.—

“(i) In general.—Not later than 5 years after the date of enactment of this section, the Puget Sound Federal Leadership Task Force shall develop and approve a Federal Action Plan that leverages Federal programs across agencies and serves to coordinate diverse programs and priorities for the restoration and protection of the Puget Sound.

“(ii) Revision of puget sound federal action plan.—Not less often than once every 5 years after the date of approval of the Federal Action Plan under clause (i), the Puget Sound Federal Leadership Task Force shall review, and revise as appropriate, the Federal Action Plan.

“(C) Feedback by federal agencies.—In facilitating feedback under subparagraph (A)(ii)(III), the Puget Sound Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions within the Puget Sound region designed to—

“(i) further the goals, targets, and actions of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(ii) as applicable, implement and enforce this Act, the Endangered Species Act of 1973, and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including those that protect Tribal treaty rights;

“(iii) prevent the introduction and spread of invasive species;

“(iv) protect marine and wildlife habitats;

“(v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters;

“(vi) promote resilience to climate change and ocean acidification effects;

“(vii) restore fisheries so that they are sustainable and productive;

“(viii) preserve biodiversity;

“(ix) restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and

“(x) improve water quality, including by preventing and managing stormwater runoff, incorporating erosion control techniques and trash capture devices, using sustainable stormwater practices, and mitigating and minimizing nonpoint source pollution, including marine litter.

“(4) Participation of state advisory committee and puget sound tribal management conference.—The Puget Sound Federal Leadership Task Force shall carry out its duties with input from, and in collaboration with, the State Advisory Committee and the Puget Sound Tribal Management Conference, including by seeking advice and recommendations on the actions, progress, and issues pertaining to the restoration and protection of the Puget Sound.

“(5) Meetings.—

“(A) Initial meeting.—The Puget Sound Federal Leadership Task Force shall meet not later than 180 days after the date of enactment of this section—

“(i) to determine if all Federal agencies are properly represented;

“(ii) to establish the bylaws of the Puget Sound Federal Leadership Task Force;

“(iii) to establish necessary working groups or committees; and

“(iv) to determine subsequent meeting times, dates, and logistics.

“(B) Subsequent meetings.—After the initial meeting, the Puget Sound Federal Leadership Task Force shall meet, at a minimum, twice per year to carry out the duties of the Puget Sound Federal Leadership Task Force.

“(C) Working group meetings.—A meeting of any established working group or committee of the Puget Sound Federal Leadership Task Force shall not be considered a biannual meeting for purposes of subparagraph (B).

“(D) Joint meetings.—The Puget Sound Federal Leadership Task Force—

“(i) shall offer to meet jointly with the Puget Sound National Estuary Program Management Conference and the Puget Sound Tribal Management Conference, at a minimum, once per year; and

“(ii) may consider such a joint meeting to be a biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B).

“(E) Quorum.—A simple majority of the members of the Puget Sound Federal Leadership Task Force shall constitute a quorum.

“(F) Voting.—For the Puget Sound Federal Leadership Task Force to take an official action, a quorum shall be present, and at least a two-thirds majority of the members present shall vote in the affirmative.

“(6) Puget sound federal leadership task force procedures and advice.—

“(A) Advisors.—The Puget Sound Federal Leadership Task Force may seek advice and input from any interested, knowledgeable, or affected party as the Puget Sound Federal Leadership Task Force determines necessary to perform its duties.

“(B) Compensation.—A member of the Puget Sound Federal Leadership Task Force shall receive no additional compensation for service as a member on the Puget Sound Federal Leadership Task Force.

“(C) Travel expenses.—Travel expenses incurred by a member of the Puget Sound Federal Leadership Task Force in the performance of service on the Puget Sound Federal Leadership Task Force may be paid by the agency that the member represents.

“(7) Puget sound federal task force.—

“(A) In general.—On the date of enactment of this section, the 2016 memorandum of understanding establishing the Puget Sound Federal Task Force shall cease to be effective.

“(B) Use of previous work.—The Puget Sound Federal Leadership Task Force shall, to the extent practicable, use the work product produced, relied upon, and analyzed by the Puget Sound Federal Task Force in order to avoid duplicating the efforts of the Puget Sound Federal Task Force.

“(d) State Advisory Committee.—

“(1) Establishment.—There is established a State Advisory Committee.

“(2) Membership.—The State Advisory Committee shall consist of up to seven members designated by the governing body of the Puget Sound Partnership, in consultation with the Governor of Washington, who will represent Washington State agencies that have significant roles and responsibilities related to the restoration and protection of the Puget Sound.

“(e) Federal Advisory Committee Act.—The Puget Sound Federal Leadership Task Force, State Advisory Committee, and any working group or committee of the Puget Sound Federal Leadership Task Force, shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.).

“(f) Puget Sound Federal Leadership Task Force Biennial Report on Puget Sound Restoration and Protection Activities.—

“(1) In general.—Not later than 1 year after the date of enactment of this section, and biennially thereafter, the Puget Sound Federal Leadership Task Force, in collaboration with the Puget Sound Tribal Management Conference and the State Advisory Committee, shall submit to the President, Congress, the Governor of Washington, and the governing body of the Puget Sound Partnership a report that summarizes the progress, challenges, and milestones of the Puget Sound Federal Leadership Task Force relating to the restoration and protection of the Puget Sound.

“(2) Contents.—The report submitted under paragraph (1) shall include a description of the following:

“(A) The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.

“(B) If available, the roles and progress of Tribal governments that have jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.

“(C) A summary of specific recommendations concerning implementation of the Action Agenda and the Federal Action Plan, including challenges, barriers, and anticipated milestones, targets, and timelines.

“(D) A summary of progress made by Federal agencies toward the priorities identified in the Federal Action Plan.

“(g) Tribal Rights and Consultation.—

“(1) Preservation of tribal treaty rights.—Nothing in this section affects, or is intended to affect, any right reserved by treaty between the United States and one or more Indian tribes.

“(2) Consultation.—Nothing in this section affects any authorization or obligation of a Federal agency to consult with an Indian tribe under any other provision of law.

“(h) Consistency.—

“(1) In general.—Actions authorized or implemented under this section shall be consistent with—

“(A) the Salmon Recovery Plans;

“(B) the Coastal Nonpoint Pollution Control Program; and

“(C) the water quality standards of the State of Washington approved by the Administrator under section 303.

“(2) Federal actions.—All Federal agencies represented on the Puget Sound Federal Leadership Task Force shall act consistently with the protection of Tribal, treaty-reserved rights and, to the greatest extent practicable given such agencies’ existing obligations under Federal law, act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, when—

“(A) conducting Federal agency activities within or outside the Puget Sound that affect any land or water use or natural resources of the Puget Sound region, including activities performed by a contractor for the benefit of a Federal agency;

“(B) interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound;

“(C) issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and

“(D) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound.”.

(c) Lake Pontchartrain Basin Restoration Program.—

(1) Review of comprehensive management plan.—Section 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273) is amended—

(A) in subsection (c)—

(i) in paragraph (5), by striking “; and” and inserting a semicolon;

(ii) in paragraph (6), by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(7) ensure that the comprehensive conservation and management plan approved for the Basin under section 320 is reviewed and revised in accordance with section 320 not less often than once every 5 years, beginning on the date of enactment of this paragraph.”.

(B) in subsection (d), by striking “recommended by a management conference convened for the Basin under section 320” and inserting “identified in the comprehensive conservation and management plan approved for the Basin under section 320”.

(2) Definitions.—Section 121(e)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1273(e)(1)) is amended by striking “, a 5,000 square mile”.

(3) Administrative costs.—Section 121(f) of the Federal Water Pollution Control Act (33 U.S.C. 1273(f)) is amended by adding at the end the following:

“(3) Administrative expenses.—Not more than 5 percent of the amounts appropriated to carry out this section may be used for administrative expenses.”.

(4) Application to existing appropriations.—Amounts appropriated for Lake Pontchartrain by title VI of division J of the Infrastructure Investment and Jobs Act under the heading “Environmental Protection Agency—Environmental Programs and Management” (Public Law 117-58; 135 Stat. 1396) shall be considered to be appropriated pursuant to section 121 of the Federal Water Pollution Control Act, as amended by this subsection, including with respect to the use of such funds for administrative expenses under subsection (f)(3) of such section 121.

SEC. 5857. LIMITATION ON LICENSES AND OTHER AUTHORIZATIONS FOR EXPORT OF CERTAIN ITEMS REMOVED FROM THE JURISDICTION OF THE UNITED STATES MUNITIONS LIST AND MADE SUBJECT TO THE JURISDICTION OF THE EXPORT ADMINISTRATION REGULATIONS.

(a) In General.—The Secretary of Commerce may not grant a license or other authorization for the export of covered items unless before granting the license or other authorization the Secretary submits to the chairman and ranking member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking member of the Committee on Foreign Affairs of the Senate a written certification with respect to such proposed export license or other authorization containing—

(1) the name of the person applying for the license or other authorization;

(2) the name of the person who is the proposed recipient of the export;

(3) the name of the country or international organization to which the export will be made;

(4) a description of the items proposed to be exported; and

(5) the value of the items proposed to be exported.

(b) Form.—A certification required under subsection (a) shall be submitted in unclassified form, except that information regarding the dollar value and number of items proposed to be exported may be restricted from public disclosure if such disclosure would be detrimental to the security of the United States.

(c) Deadlines; Waiver.—A certification required under subsection

(a) shall be submitted—

(1) at least 15 calendar days before a proposed export license or other authorization is granted in the case of a transfer of items to a country which is a member of the North Atlantic Treaty Organization or Australia, Japan, the Republic of Korea, Israel, or New Zealand, and

(2) at least 30 calendar days before a proposed export license or other authorization is issued in the case of a transfer of items to any other country.

(d) Congressional Resolution of Disapproval.—A proposed export license or other authorization described in paragraph (1) of subsection

(c) shall become effective after the end of the 15-day period described in such paragraph, and a proposed export license or other authorization described in paragraph (2) of subsection (c) shall become effective after the end of the 30-day period specified in such paragraph, only if the Congress does not enact, within the applicable time period, a joint resolution prohibiting the export of items with respect to the proposed export license.

(e) Definitions.—In this section:

(1) Covered items.—The term “covered items” means items that—

(A) were included in category I of the United States Munitions List (as in effect on January 1, 2020);

(B) were removed from the United States Munitions List and made subject to the jurisdiction of the Export Administration Regulations through publication in the Federal Register on January 23, 2020; and

(C) are valued at $1,000,000 or more.

(2) Export administration regulations.—The term “Export Administration Regulations” means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations.

(3) United states munitions list.—The term “United States Munitions List” means the list maintained pursuant to part 121 of title 22, Code of Federal Regulations.

SEC. 5858. REVIEW OF STANDARD OCCUPATIONAL CLASSIFICATION SYSTEM.

The Director of the Office of Management and Budget shall, not later than 30 days after the date of the enactment of this Act, categorize public safety telecommunicators as a protective service occupation under the Standard Occupational Classification System.

SEC. 5859. UNITED STATES FIRE ADMINISTRATION ON-SITE INVESTIGATIONS OF MAJOR FIRES.

The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following:

“SEC. 38. INVESTIGATION AUTHORITIES.

“(a) In General.—In the case of any major fire, the Administrator may send incident investigators, which may include safety specialists, fire protection engineers, codes and standards experts, researchers, and fire training specialists, to the site of the fire to conduct an investigation as described in subsection (b).

“(b) Investigation Required.—A fire investigation conducted under this section—

“(1) shall be conducted in coordination and cooperation with appropriate Federal, State, and local authorities, including Federal agencies that are authorized to investigate a major fire or an incident of which the major fire is a part; and

“(2) shall examine the determined cause and origin of the fire and assess broader systematic matters to include use of codes and standards, demographics, structural characteristics, smoke and fire dynamics (movement) during the event, and costs of associated injuries and deaths.

“(c) Report.—Upon concluding any fire investigation under this section, the Administrator shall issue a public report to local, State, and Federal authorities on the findings of such investigation, or collaborate with another investigating Federal agency on that agency’s report, including recommendations on—

“(1) any other buildings with similar characteristics that may bear similar fire risks;

“(2) improving tactical response to similar fires;

“(3) improving civilian safety practices;

“(4) assessing the costs and benefits to the community of adding fire safety features; and

“(5) how to mitigate the causes of such fire.

“(d) Discretionary Authority.—In addition to investigations conducted pursuant to subsection (a), the Administrator may send fire investigators to conduct investigations at the site of any fire with unusual or remarkable context that results in losses less severe than those occurring as a result of a major fire, in coordination with appropriate Federal, State, and local authorities, including Federal agencies that are authorized to investigate a major fire or an incident of which the major fire is a part.

“(e) Major Fire Defined.—For purposes of this section, the term ‘major fire’ shall have the meaning given such term under regulations to be issued by the Administrator.”.

SEC. 5860. MULTILATERAL AGREEMENT TO ESTABLISH AN INDEPENDENT INTERNATIONAL CENTER FOR RESEARCH ON THE INFORMATION ENVIRONMENT.

(a) In General.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall take such action as may be necessary to seek to initiate negotiations to obtain an agreement on a multilateral basis with countries that are allies or partners of the United States, including countries that are members of the Group of Seven (G7), to establish an independent international center for research on the information environment (in this section referred to as the “research center”).

(b) Consultation.—As part of the negotiations to obtain an agreement described in subsection (a), the Secretary of State should consult with—

(1) representatives from providers of prominent online platforms;

(2) researchers from the fields of information science, media studies, international data governance, and other similar fields;

(3) privacy and human and civil rights advocates;

(4) technologists, including individuals with training and expertise in the state of the art in the fields of information technology, information security, network security, software development, computer science, computer engineering, and other related fields;

(5) representatives from international standards-setting organizations; and

(6) experts in mechanisms for enabling access to online platform data which is compliant with data protection frameworks.

(c) Purposes, Functions, and Related Administrative Provisions of Research Center.—An agreement obtained under subsection (a) should include provisions relating to the following:

(1) The purposes and functions of the research center, including its mandate to ensure the widest possible cooperation among member countries of the research center to ensure such purposes are achieved and such functions are carried out, including to—

(A) enable international collaboration to gain understanding and measure the impacts of foreign state and non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States and countries that are allies or partners of the United States;

(B) enable international collaboration to gain understanding and measure the impacts of the content moderation, product design decisions, and algorithms of online platforms on society, politics, the spread of hate, harassment, and extremism, security, privacy, and physical or mental health, including considerations for youth development;

(C) conduct research projects with a focus on the global information environment that require information from or about multiple online platforms and multi-year time horizons;

(D) conduct research projects that explore the impact of published media, such as television, podcasts, radio, and newspapers, on so-ciety, politics, the spread of hate, harassment, and extremism, security, privacy, and physical or mental health, including considerations for youth development;

(E) facilitate secure information sharing between online platforms and researchers affiliated with the research center;

(F) disseminate findings to the public; and

(G) offer recommendations to online platforms and governments regarding ways to ensure a safe and resilient online information environment.

(2) The governance structure and process for adding and removing member countries of the research center.

(3) The process by which a researcher can become affiliated with or join the research center, including provisions to ensure the researcher is not working on behalf of a business enterprise.

(4) A proposed budget and contributions to be provided by member countries of the research center.

(d) Proposal for Secure Information Sharing With Research Center.—

(1) In general.—An agreement obtained under subsection (a) should include provisions relating to the following:

(A) Best practices regarding what types of information from an online platform should be made available, and under what circumstances, to the research center.

(B) A code of conduct for researchers working with information made available as described in subparagraph

(A).

(2) Matters to be included.—

(A) Review by research center prior to publication.—The provisions described in paragraph (1) should include the circumstances under which the research center will review a publication based on information made available to the research center prior to publication to determine whether the publication violates the privacy of a user of the online platform or other information outlet that made available the information or would reveal trade secrets of the provider of the online platform or other information outlet.

(B) User privacy.—The provisions described in paragraph (1) should—

(i) ensure that the making available of information to the research center and the provision of access to the information by the research center do not infringe upon reasonable expectations of personal privacy of users of online platforms or of other individuals; and

(ii) ensure that information is made available to the research center consistent with any applicable privacy and data security laws of member countries.

(C) Code of conduct for researchers.—The code of conduct included under paragraph (1)(B) in the provisions described in paragraph (1) should require researchers described in such paragraph to commit to the following:

(i) To use information made available to the research center only for research purposes specified in the agreement establishing the research center.

(ii) Not to re-identify, or to attempt to re-identify, an individual to whom information made available to the research center relates.

(iii) Not to publish personal information derived from information made available to the research center.

(iv) To comply with limits on commercial use of information made available to the research center or research conducted using such information, as specified by the research center.

(e) Online Platform Defined.—In this section, the term “online platform” means a service provided over the internet that enables two or more distinct but interdependent sets of users (which may be firms or individuals) to interact with each other.

(f) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary of State to carry out this section $10,000,000 for each of the fiscal years 2023 and 2024.

SEC. 5861. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO COMBAT INTERNATIONAL TRAFFICKING IN COVERED SYNTHETIC DRUGS.

(a) In General.—The Secretary of State shall prioritize efforts of the Department of State to combat international trafficking in covered synthetic drugs by carrying out programs and activities including the following:

(1) Supporting increased data collection by the United States and foreign countries through increased drug use surveys among populations, increased use of wastewater testing where appropriate, and multilateral sharing of that data.

(2) Engaging in increased consultation and partnership with international drug agencies, including the European Monitoring Centre for Drugs and Drug Addiction, and regulatory agencies in foreign countries.

(3) Carrying out the program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs.

(4) Carrying out exchange programs for governmental and nongovernmental personnel in the United States and in foreign countries to provide educational and professional development on demand reduction matters relating to the illicit use of narcotics and other drugs.

(b) Report.—

(1) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this section.

(2) Appropriate congressional committees defined.—In this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(c) Program to Provide Assistance to Build the Capacity of Foreign Law Enforcement Agencies With Respect to Covered Synthetic Drugs.—

(1) In general.—Notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State shall establish a program to provide assistance to build the capacity of law enforcement agencies of the countries described in paragraph (3) to help such agencies to identify, track, and improve their forensics detection capabilities with respect to covered synthetic drugs.

(2) Priority.—The Secretary of State shall prioritize assistance under paragraph (1) among those countries described in paragraph (3) in which such assistance would have the most impact in reducing illicit use of covered synthetic drugs in the United States.

(3) Countries described.—The foreign countries described in this paragraph are—

(A) countries that are producers of covered synthetic drugs;

(B) countries whose pharmaceutical and chemical industries are known to be exploited for development or procurement of precursors of covered synthetic drugs; or

(C) major drug-transit countries as defined by the President.

(4) Authorization of additional appropriations.—In addition to amounts otherwise authorized for the purposes described in this subsection, there is authorized to be appropriated to the Secretary $4,000,000 for each of the fiscal years 2023 through 2027 to carry out this subsection.

(d) Exchange Program for Governmental and Nongovernmental Personnel to Provide Educational and Professional Development on Demand Reduction Matters Relating to Illicit Use of Narcotics and Other Drugs.—

(1) In general.—The Secretary of State shall establish or continue and strengthen, as appropriate, an exchange program for governmental and nongovernmental personnel in the United States and in foreign countries to provide educational and professional development on demand reduction matters relating to the illicit use of narcotics and other drugs.

(2) Program requirements.—The program required by paragraph (1)—

(A) shall be limited to individuals who have expertise and experience in matters described in paragraph (1);

(B) in the case of inbound exchanges, may be carried out as part of exchange programs and international visitor programs administered by the Bureau of Educational and Cultural Affairs of the Department of State, including the International Visitor Leadership Program in consultation or coordination with the Bureau of International Narcotics and Law Enforcement Affairs; and

(C) shall include outbound exchanges for governmental or nongovernmental personnel in the United States.

(3) Authorization of additional appropriations.—In addition to amounts otherwise authorized for the purposes described in this subsection, there is authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 2023 through 2027 to carry out this subsection.

(e) Amendments to International Narcotics Control Program.—

(1) International narcotics control strategy report.— Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended—

(A) by redesignating the second paragraph (10) (relating to an identification of the countries that are the most significant sources of illicit fentanyl and fentanyl analogues) as paragraph (11); and

(B) by adding at the end the following:

“(12) Information that contains an assessment of the countries significantly involved in the manufacture, production, or transshipment of synthetic opioids, including fentanyl and fentanyl analogues, including the following:

“(A) The scale of legal domestic production and any available information on the number of manufacturers and producers of such opioids in such countries.

“(B) Information on any law enforcement assessments of the scale of illegal production, including a description of the capacity of illegal laboratories to produce such opioids.

“(C) The types of inputs used and a description of the primary methods of synthesis employed by illegal producers of such opioids.

“(D) An assessment of the policies of such countries to regulate licit manufacture and interdict illicit manufacture, diversion, distribution, and shipment of such opioids and an assessment of the effectiveness of the policies’ implementation.

“(13) Information on, to the extent practicable, any policies of responding to a substance described in section [__](g)(2) of the National Defense Authorization Act for Fiscal Year 2023, including the following:

“(A) Which governments have articulated policies on scheduling of such substances.

“(B) Any data on impacts of such policies and other responses to such substances.

“(C) An assessment of any policies the United States could adopt to improve its response to such substances.”.

(2) Modifications to definitions.—Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended—

(A) in paragraph (2)(D), by inserting “or a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances” after “opioids”; and

(B) by amending paragraph (5) to read as follows:

“(5) the term ‘major drug-transit country’ means a country through which are transported illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States.”.

(f) Covered Synthetic Drug.—In this section, the term “covered synthetic drug” means—

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

(2) a substance of abuse, or any preparation thereof, that—

(A) is not—

(i) included in any schedule as a controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.); or

(ii) controlled by the Single Convention on Narcotic Drugs signed at New York, New York, on March 30, 1961, or the Convention on Psychotropic Substances signed at Vienna, Austria, on February 21, 1971;

(B) is new or has reemerged on the illicit market; and

(C) poses a threat to the public health and safety.

SEC. 5862. ISOLATE RUSSIAN GOVERNMENT OFFICIALS ACT OF 2022.

(a) Statement of Policy.—It is the policy of the United States to seek to exclude government officials of the Russian Federation, to the maximum extent practicable, from participation in meetings, proceedings, and other activities of the following organizations:

(1) Group of 20.

(2) Bank for International Settlements.

(3) Basel Committee for Banking Standards.

(4) Financial Stability Board.

(5) International Association of Insurance Supervisors.

(6) International Organization of Securities Commissions.

(b) Implementation.—The Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Securities and Exchange Commission, as the case may be, shall take all necessary steps to advance the policy set forth in subsection (a).

(c) Termination.—This section shall have no force or effect on the earlier of—

(1) the date that is 5 years after the date of the enactment of this Act; or

(2) the date that is 30 days after the date on which the President reports to Congress that the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine.

(d) Waiver.—The President may waive the application of this section if the President reports to the Congress that the waiver is in the national interest of the United States and includes an explanation of the reasons therefor.

SEC. 5863. PROHIBITION ON CERTAIN ASSISTANCE TO THE PHILIPPINES.

(a) In General.—No funds authorized to be appropriated or otherwise made available to the Department of State are authorized to be made available to provide assistance for the Philippine National Police, including assistance in the form of equipment or training, until the Secretary of State certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of the Philippines has—

(1) investigated and successfully prosecuted members of the Philippine National Police who have violated human rights, ensured that police personnel cooperated with judicial authorities in such cases, and affirmed that such violations have ceased;

(2) established that the Philippine National Police effectively protects the rights of trade unionists, journalists, human rights defenders, critics of the government, faith and religious leaders, and other civil society activists to operate without interference;

(3) taken effective steps to guarantee a judicial system that is capable of investigating, prosecuting, and bringing to justice members of the police and military who have committed human rights abuses; and

(4) fully complied with domestic and United States audits and investigations regarding the improper use of prior security assistance.

(b) Waiver.—The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the prohibition under subsection (a) if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 15 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States or its partners and allies.

SEC. 5864. GENDER ANALYSIS IN FOREIGN TRAINING PROGRAMS.

(a) Sense of Congress.—It is the sense of Congress that the President should encourage the increased participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education, and should expand and apply gender analysis to improve program design and implementation.

(b) Gender Analysis of International Training Programs.—The Department of Defense, in coordination with the Department of State and other relevant departments, shall conduct a gender analysis of International Education and Training Programs offered to allied and partner forces to ensure the programs are equitable and address issues experienced by all participants.

(c) Gender Analysis Training.—The Department of Defense, in coordination with the Department of State, shall develop and include gender analysis training to be included in the International Education and Training Programs at United States military schools and training institutions.

(d) Briefing Required.—No later than two years after enactment of this act, the Secretary of Defense, in coordination with the Secretary of State, shall brief the appropriate congressional committees on the Department of Defense and Department of State’s actions and progress in implementing the requirements under subsection (b) and subsection (c).

(e) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

(f) Gender Analysis Defined.—In this section, the term “gender analysis” has the meaning given such term in section 3 of the Women’s Entrepreneurship and Economic Empowerment Act (22 U.S.C. 2151-2).

SEC. 5865. REPORT ON COLUMBIAN MILITARY FORCES.

(a) In General.—The Secretary of State shall submit to Congress a report—

(1) documenting knowledge and intelligence from 1980-2010 regarding—

(A) Colombian military involvement in assassinations and disappearances, and collaboration in paramilitary offensives;

(B) military conduct in the false positives initiative from 2002-2008; and

(C) any gross violations of human rights resulting from the Colombian military’s partnerships with private companies for security; and

(2) including an overview of the United States—Colombia military partnership during 1980-2010, specifying periods of deepened collaboration and coordination; and

(3) a discussion of the specifics regarding increases in military support, training, logistics, and weapons transfers on the part of the United States during such time period and the manner and extent of compliance on the part of Colunbian forces with the requirements of section 620M of the Foreign Assistance Act of 1961, section 362 of title 10, United States Code, and other prohibitions on the provision of security assistance to units of foreign forces on the basis of gross violations of human rights.

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

SEC. 5866. FEDERAL CONTRACTING FOR PEACE AND SECURITY.

(a) Purpose.—It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine.

(b) Contracting Prohibition.—

(1) Prohibition.—The head of an executive agency may not enter into, extend, or renew a covered contract with a company that continues to conduct business operations in territory internationally recognized as the Russian Federation during the covered period.

(2) Exceptions.—

(A) Good faith exemption.—The Office of Management and Budget, in consultation with the General Services Administration, may exempt a contractor from the prohibition in paragraph (1) if the contractor has—

(i) pursued and continues to pursue all reasonable steps in demonstrating a good faith effort to comply with the requirements of this Act; and

(ii) provided to the executive agency a reasonable, written plan to achieve compliance with such requirements.

(B) Permissible operations.—The prohibition in paragraph (1) shall not apply to business operations in Russia authorized by a license issued by the Office of Foreign Assets Control or the Bureau of Industry and Security or is otherwise allowed to operate notwithstanding the imposition of sanctions.

(C) American diplomatic mission in russia.—The prohibition in paragraph (1) shall not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Russia.

(D) Individual contracts.—The prohibition under paragraph (1) shall not apply to any contract that is any of the following:

(i) For the benefit, either directly or through the efforts of regional allies, of the country of Ukraine.

(ii) For humanitarian purposes to meet basic human needs.

(3) National security and public interest waivers.—

(A) In general.—The head of an executive agency is authorized to waive the prohibition under paragraph (1) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is for the national security of the United States or in the public interest of the United States, and includes in such certification a justification for the waiver and description of the contract to which the waiver applies. The authority in this subparagraph may not be delegated below the level of the senior procurement executive of the agency.

(B) Congressional notification.—The head of an executive agency shall, not later than 7 days before issuing a waiver described in subparagraph (A), submit to the appropriate congressional committees the certification described in such subparagraph.

(4) Emergency rulemaking authority.—Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the Secretary of Defense, shall promulgate regulations for agency implementation of this Act using emergency rulemaking procedures while considering public comment to the greatest extent practicable, that includes the following:

(A) A list of equipment, facilities, personnel, products, services, or other items or activities, the engagement with which would be considered business operations, subject to the prohibition under paragraph

(1).

(B) A requirement for a contractor or offeror to represent whether such contractor or offeror uses any of the items on the list described in subparagraph (A).

(C) A description of the process for determining a good faith exemption described under paragraph (2).

(5) Definitions.—In this section:

(A) Appropriate congressional committees.—The term “appropriate congressional committees” means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.

(B) Business operations.—

(i) In general.—Except as provided in clauses (ii) and (iii), the term “business operations” means engaging in commerce in any form, including acquiring, developing, selling, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

(ii) Exceptions.—The term “business operations” does not include any of the following:

(I) Action taken for the benefit of the country of Ukraine.

(II) Action serving humanitarian purposes to meet basic human needs, including through a hospital, school, or non-profit organization.

(III) The provision of products or services for compliance with legal, reporting, or other requirements of the laws or standards of countries other than the Russian Federation.

(IV) Journalistic and publishing activities, news reporting, or the gathering and dissemination of information, informational materials, related services, or transactions ordinarily incident to journalistic and publishing activities.

(iii) Exception for suspension or termination actions.—The term “business operations” does not include action taken to support the suspension or termination of business operations (as described in clause

(i)) for the duration of the covered period, including—

(I) an action to secure or divest from facilities, property, or equipment;

(II) the provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and

(III) activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia through which operations had been conducted.

(C) Covered contract.—The term “covered contract” means a prime contract entered into by an executive agency with a company conducting business operations in territory internationally recognized as the Russian Federation during the covered period.

(D) Covered period.—The term “covered period” means the period of time beginning 90 days after the date of the enactment of this Act and ending on a date that is determined by the Secretary of State based on steps taken by the Russian Federation to restore the safety, sovereignty, and condition of the country of Ukraine, or 10 years after the date of the enactment of this Act, whichever is sooner.

(E) Executive agency.—The term “executive agency” has the meaning given the term in section 133 of title 41, United States Code.

SEC. 5867. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE ACADEMY.

(a) Establishment.—

(1) In general.—The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Director of the Office of Personnel Management, shall establish a program to provide financial support for pursuit of programs of education at institutions of higher education that have been designated as a Center of Academic Excellence in Cyber Education as defined in section 2200e of title 10, United States Code, in covered disciplines.

(2) Designation.—The program established under paragraph

(1) shall be known as the “Department of Defense Cyber and Digital Service Academy” (in this section the “Program”).

(3) Covered disciplines.—For purposes of the Program, a covered discipline is a discipline that the Secretary of Defense determines is critically needed and is cyber- or digital technology-related, including the following:

(A) Cyber-related arts and sciences.

(B) Cyber-related engineering.

(C) Cyber-related law and policy.

(D) Applied analysts-related sciences, data management, and digital engineering, including artificial intelligence and machine learning.

(E) Such other disciplines relating to cyber, cybersecurity, digital technology, or supporting functions as the Secretary of Defense considers appropriate.

(b) Program Description and Components.—The Program shall—

(1) provide scholarships through institutions of higher education described in subsection (a)(1) to students who are enrolled in programs of education at such institutions leading to degrees or specialized program certifications in covered disciplines;

(2) prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section; and

(3) coordinate with the Cyber Scholarship Program as authorized in chapter 112 of title 10, United States Code.

(c) Scholarship Amounts.—

(1) Amount of assistance.—Each scholarship under the Program shall be in such amount as the Secretary determines is necessary to pay all educational expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, and expenses of room and board, for the pursuit of the program of education for which the assistance is provided under the Program. The Secretary shall ensure that expenses paid are limited to those educational expenses normally incurred by students at the institution of higher education involved.

(2) Support for internship activities.—The financial assistance for a person under this section may also be provided to support internship activities of the person in the Department of Defense in periods between the academic years leading to the degree for which assistance is provided the person under the Program.

(3) Period of support.—Each scholarship under the Program shall be for not more than 5 years.

(4) Additional stipend.—Students demonstrating financial need, as determined by the Secretary, may be provided with an additional stipend under the Program.

(d) Post-award Employment Obligations.—Each scholarship recipient, as a condition of receiving a scholarship under the Program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student’s degree or specialized program certification, in the cyber- and digital technology-related missions of the Department, in accordance with the terms and conditions specified by the Secretary in regulations the Secretary shall promulgate to carry out this subsection.

(e) Hiring Authority.—In carrying out this section, specifically with respect to enforcing the obligations and conditions of employment under subsection (d), the Secretary may use an authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1588f of title 10, United States Code.

(f) Eligibility.—To be eligible to receive a scholarship under this section, an individual shall—

(1) be a citizen or lawful permanent resident of the United States;

(2) demonstrate a commitment to a career in improving the security of information technology;

(3) have demonstrated a high level of competency in relevant knowledge, skills, and abilities, as defined by the national cybersecurity awareness and education program under section 303 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443);

(4) be a full-time student, or have been accepted as a full-time student, in a program leading to a degree or specialized program certification in a covered discipline at an institution of higher education;

(5) enter into an agreement accepting and acknowledging the post award employment obligations, pursuant to section (d);

(6) accept and acknowledge the conditions of support under section (g); and

(7) accept all terms and conditions of a scholarship under this section and meet such other requirements for a scholarship as determined by the Secretary.

(g) Conditions of Support.—

(1) In general.—As a condition of receiving a scholarship under this section, a recipient shall agree to provide the Office of Personnel Management (in coordination with the Department of Defense) and the institutions of higher education described in subsection (a)(1) with annual verifiable documentation of post-award employment and up-to-date contact information.

(2) Terms.—A scholarship recipient under the Program shall be liable to the United States as provided in subsection (i) if the individual—

(A) fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Secretary;

(B) is dismissed from the applicable institution of higher education for disciplinary reasons;

(C) withdraws from the eligible degree program before completing the Program;

(D) declares that the individual does not intend to fulfill the post-award employment obligation under this section;

(E) fails to maintain or fulfill any of the post- graduation or post-award obligations or requirements of the individual; or

(F) fails to fulfill the requirements of paragraph

(1).

(h) Monitoring Compliance.—As a condition of participating in the Program, an institution of higher education described in subsection

(a)(1) shall—

(1) enter into an agreement with the Secretary to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and

(2) provide to the Secretary and the Director of the Office of Personnel Management, on an annual basis, the post-award employment documentation required under subsection (g)(1) for scholarship recipients through the completion of their post- award employment obligations.

(i) Amount of Repayment.—

(1) Less than 1 year of service.—If a circumstance described in subsection (g)(2) occurs before the completion of 1 year of a post-award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program shall be considered a debt to the Government and repaid in its entirety.

(2) 1 or more years of service.—If a circumstance described in subparagraph (D) or (E) of subsection (g)(2) occurs after the completion of 1 or more years of a post-award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be considered a debt to the Government and repaid in accordance with subsection (j).

(j) Repayments.—A debt described in subsection (i) shall be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Secretary in regulations promulgated to carry out this subsection.

(k) Collection of Repayment.—

(1) In general.—In the event that a scholarship recipient is required to repay the scholarship award under the Program, the institution of higher education providing the scholarship shall—

(A) determine the repayment amounts and notify the recipient, the Secretary, and the Director of the Office of Personnel Management of the amounts owed; and

(B) collect the repayment amounts within a period of time as determined by the Secretary.

(2) Returned to treasury.—Except as provided in paragraph

(3), any repayment under this subsection shall be returned to the Treasury of the United States.

(3) Retain percentage.—An institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Secretary shall establish a single, fixed percentage that will apply to all eligible entities.

(l) Public Information.—

(1) Evaluation.—The Secretary, in coordination with the Director of the Office of Personnel Management, shall periodically evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under the Program and on hiring and retaining those individuals in the Department of Defense workforce, including information on—

(A) placement rates;

(B) where students are placed, including job titles and descriptions;

(C) salary ranges for students not released from obligations under this section;

(D) how long after graduation students are placed;

(E) how long students stay in the positions they enter upon graduation;

(F) how many students are released from obligations; and

(G) what, if any, remedial training is required.

(2) Reports.—The Secretary, in coordination with the Office of Personnel Management, shall submit, not less frequently than once every two years, to Congress a report, including—

(A) the results of the evaluation under paragraph

(1);

(B) the disparity in any reporting between scholarship recipients and their respective institutions of higher education; and

(C) any recent statistics regarding the size, composition, and educational requirements of the relevant Department of Defense workforce.

(3) Resources.—The Secretary, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable—

(A) searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities related to the field of cybersecurity; and

(B) a modernized description of cybersecurity careers.

(m) Allocation of Funding.—

(1) In general.—Not less than 50 percent of the amount available for financial assistance under this section for a fiscal year shall be available only for providing financial assistance for the pursuit of programs of education referred to in subsection (b)(1) at institutions of higher education that have established, improved, or are administering programs of education in cyber disciplines under the grant program established in section 2200b of title 10, United States Code, as determined by the Secretary of Defense.

(2) Associates degrees.—Not less than five percent of the amount available for financial assistance under this section for a fiscal year shall be available for providing financial assistance for the pursuit of an associate degree at an institution described in paragraph (1).

(n) Board of Directors.—In order to help identify workforce needs and trends relevant to the Program, the Secretary may establish a board of directors for the Program that consists of representatives of Federal departments and agencies.

(o) Commencement of Program.—The Secretary shall commence the Program as early as practicable, with the first scholarships awarded under the Program for the academic year beginning not later than the Fall semester of 2024.

SEC. 5868. DEMOCRACY DISRUPTION IN THE MIDDLE EAST AND AFRICA.

(a) In General.— Not later than 180 days after the date of the enactment of this Act, and every year thereafter for 5 fiscal years, the Secretary of State, in consultation with the Secretary of Defense and Director of National Intelligence, shall submit to the appropriate congressional committees a report describing actions by relevant foreign governments that act to undermine democracy in the United States Central Command or United States Africa Command area of responsibility, including through the disruption of nascent democratic movements, transnational repression, or bolstering authoritarian governments in countries other than their own.

(b) Matters to Be Included.—The report required by subsection (a) shall include the following:

(1) An assessment of whether and the extent to which relevant governments provide financial or other economic support, or technical assistance, to authoritarian leaders with the purpose of supporting—

(A) the short, medium, and long-term viability of authoritarians as head of states; or

(B) heads of states who have—

(i) conducted a coup d’etat or other seizure of power in which the military played a decisive role;

(ii) undermined the independence of the judiciary;

(iii) facilitated the unconstitutional removal of a portion or entirety of a democratically elected government or legislature; or

(iv) removed term limits or consolidated executive authority through the unilateral cancellation or revision of a country’s constitution.

(2) A determination of whether relevant governments either directly or through third parties, throughout the United States Central Command or United States Africa Command area of responsibility—

(A) undermine electoral systems or act to discredit or overturn the results of democratic elections in other countries;

(B) assist authoritarian governments in intimidating or harassing members of civil society or in limiting the ability of members of civil society to operate without fear of criminal charges or detention; or

(C) violate international principles of nonrefoulment and the rights of asylum seekers.

(3) A list of armed groups, including militias, private military corporations, mercenaries, or paramilitaries, that receive monetary, military, or other material support from relevant foreign governments.

(4) An assessment of whether actors in the list in paragraph (3) have committed gross violations of international recognized human rights.

(5) A detailed analysis of relevant foreign governments’ diplomatic support, whether bilaterally or in international organizations, for military or civilian leaders who meet criteria in paragraph (1)(B).

(6) An assessment of whether relevant foreign governments engage in a consistent pattern of acts of transnational repression and intimidation or harassment directed against individuals in the United States, including—

(A) funding, either directly or through third parties, the use of inauthentic social media accounts which target specific individuals in an attempt to silence, intimidate, or harass nonviolent critics or dissenters;

(B) targeted imprisonment of family members on politically motivated charges; or

(C) any other form of intimidation or harassment.

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but the portions of the report described in section (b) may contain a classified annex, so long as such annex is provided separately from the unclassified report.

(d) Definitions.—In this section—

(1) the term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and

(2) the term “relevant foreign government” means the government of a country in the United States Central Command or United States Africa Command area of responsibility that—

(A) received United States security assistance, including under authorities of title 10, United States Code, during the previous 10 fiscal years; or

(B) hosts United States military personnel other than those permanently assigned to a United States Embassy in their respective countries.

SEC. 5869. FEASIBILITY STUDY ON UNITED STATES SUPPORT FOR AND PARTICIPATION IN THE INTERNATIONAL COUNTERTERRORISM ACADEMY IN COTE D’IVOIRE.

(a) Statement of Policy.—It is the policy of the United States to partner with West African governments where possible to mitigate and counter growing regional insecurity resulting from the spread of armed conflict and terrorism, including by providing assistance to train, equip, and mentor West African security services to counter threats to regional and national security through a whole-of-government approach.

(b) Feasibility Study.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall conduct a feasibility study regarding the provision of U.S. assistance for infrastructure, training, equipment, and other forms of support to institutionalize the International Counterterrorism Academy (Academie Internationale de Lutte Contre le Terrorisme or AILCT) in Jacqueville, Cote D’Ivoire that—

(1) Provides a legal analysis of existing authorities to provide U.S. foreign assistance dedicated to the development and establishment of AILCT programs, initiatives, and infrastructure for the purposes of training, equipping, and mentoring eligible West African security services bilaterally or in coordination with partners and allies;

(2) Identifies opportunities for the United States to leverage and support the AILCT facility to pursue national security interests in West Africa, the Sahel, Sub-Saharan Africa, and the strategic Atlantic Ocean coastal and maritime environments, including through training and research activities, infrastructure development, combatting transnational terrorist and organized crime threats, and countering foreign malign influence throughout the region;

(3) Assesses any planned and pledged contributions from other countries to ensure appropriate sustainment of the facilities and burden sharing.

(c) Forms.—The feasibility study required under subsection (b) shall be submitted in unclassified form, but may contain a classified annex.

(d) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives;

(2) the Committees on Armed Services of the Senate and of the House of Representatives; and

(3) the Committees on Appropriations of the Senate and of the House of Representatives.

SEC. 5870. MEMORIAL FOR THOSE WHO LOST THEIR LIVES IN THE ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT ON AUGUST 26, 2021.

Section 1087 of National Defense Authorization Act for Fiscal Year 2022 (40 U.S.C. 8903 note) is amended by striking “The Secretary of Defense may” and inserting “The Secretary of Defense shall, not later than 1 year after the date of enactment of the National Defense Authorization Act for Fiscal Year 2023,”.

SEC. 5871. REPORTS ON SUBSTANCE ABUSE IN THE ARMED FORCES.

(a) Inspector General of the Department of Defense.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Commandant of the Marine Corp shall each submit to the Committees on Armed Services of the Senate and of the House of Representatives a report on substance abuse disorder treatment concerns related to service members and their dependents.

(b) Comptroller General of the United States.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Commandant of the Marine Corp shall submit to Congress a report regarding the use of substance abuse disorder treatment programs located at or around each installation. The report shall detail the number of service members and dependents that are referred to treatment programs, either residential or outpatient, and either internal or contracted, the absence of treatment capabilities within an installation or grouping of military installations, and the costs associated with sending service members or their dependents away from the immediate area for substance use disorder treatment. The report shall also set forth how the individual branches of the Armed Forces are incorporating substance abuse disorder treatment into mental health services both internal and contracted.

SEC. 5872. GAO REPORT ON CIVILIAN SUPPORT POSITIONS AT REMOTE MILITARY INSTALLATIONS.

(a) In General.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall assess and submit a report to the Secretary of Defense on the following:

(1) The average number of vacancies for civilian support services positions at remote or isolated military installations in comparison to vacancies for such positions at other military installations. In carrying out this paragraph, the Comptroller General shall account for the differences in military population size.

(2) The average number of days required to fill such a vacancy at a remote and isolated military installation in comparison to filling a vacancy of a position with the same duties (to the greatest extent practicable) at such other installations.

(3) Any recommendations on additional hiring incentives for civilian support services positions described in subsection

(b)(1)(A) at a remote or isolated installations, and any recommendations on ways to ensure that such positions described in subsection (b)(1)(B) are able to effectively staff positions in order to meet the mission of their applicable military installation.

(b) Definitions.—In this section—

(1) the term “civilian support services positions” means—

(A) any position within the civil service (as that term is defined in section 2101 of title 5, United States Code), including any nonappropriated fund (NAF) position; and

(B) any Federal contractor (or subcontractor at any tier); and

(2) the term “military installation” has the meaning given that term in section 2801 of title 10, United States Code.

SEC. 5873. GAO STUDY ON FOREIGN SERVICE INSTITUTE’S SCHOOL OF LANGUAGE STUDIES.

(a) In General.—The Comptroller General of the United States shall conduct a study on whether the Foreign Service Institute’s School of Language Studies curriculum and instruction effectively prepares United States Government employees to advance United States diplomatic and national security priorities abroad.

(b) Matters to Be Included.—The report required by subsection (a) shall include—

(1) an analysis of the teaching methods used at the Foreign Service Institute’s School of Language Studies;

(2) a comparative analysis on the benefits of language proficiency compared to practical job oriented language learning;

(3) an analysis of whether the testing regiment at the School of Language Studies is an effective measure of ability to communicate and carry out an employee’s duties abroad; and

(4) an analysis of qualifications for training specialists and language and culture instructors at the School of Language Studies.

SEC. 5874. REPORT ON WAIVERS UNDER SECTION 907 OF THE FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND OPEN MARKETS SUPPORT ACT OF 1992.

(a) Report Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit a report to the appropriate congressional committees on United States security assistance provided to the Government of Azerbaijan pursuant to a waiver under section 907 of the FREEDOM Support Act (22 U.S.C. 5812 note).

(b) Elements.—The report under subsection (a) shall address the following:

(1) Documentation of the Department of State’s consideration of all section 907 waiver requirements during the 5-year period ending on the date of the enactment of this Act.

(2) Further program-level detail and end-use monitoring reports of security assistance provided to the Government of Azerbaijan under a section 907 waiver during such 5-year period.

(3) The impact of United States security assistance provided to Azerbaijan on the negotiation of a peaceful settlement between Armenia and Azerbaijan over all disputed regions during such 5-year period.

(4) The impact of United States security assistance provided to Azerbaijan on the military balance between Azerbaijan and Armenia during such 5-year period.

(5) An assessment of Azerbaijan’s use of offensive force against Armenia or violations of Armenian sovereign territory from November 11, 2020, to the date of the enactment of this Act.

(c) Briefing.—The Secretary of State, in coordination with the Secretary of Defense, shall brief the appropriate congressional committees not later than 180 days after the date of the enactment of this Act on the contents of the report required under subsection (a).

(d) Appropriate Congressional Committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 5875. AMENDMENTS TO THE UKRAINE FREEDOM SUPPORT ACT OF 2014.

The Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921 et seq.) is amended—

(1) by redesignating section 11 as section 13; and

(2) by inserting after section 10 the following new sections:

“SEC. 11. WORKING GROUP ON SEMICONDUCTOR SUPPLY DISRUPTIONS.

“(a) In General.—Not later than 30 days after the date of the enactment of this section, the President shall establish an interagency working group to address semiconductor supply chain issues caused by Russia’s illegal and unprovoked attack on Ukraine.

“(b) Membership.—The interagency working group established pursuant to subsection (a) shall be comprised of the head, or designee of the head, of each of the following:

“(1) The Department of State.

“(2) The Department of Defense.

“(3) The Department of Commerce.

“(4) The Department of the Treasury.

“(5) The Office of the United States Trade Representative.

“(6) The Department of Interior.

“(7) The Department of Energy.

“(8) The Department of Homeland Security.

“(9) The Department of Labor.

“(10) Any other Federal department or agency the President determines appropriate.

“(c) Chair.—The Secretary of State shall serve as the chair of the working group established pursuant to subsection (a).

“SEC. 12. REPORTS ON SEMICONDUCTOR SUPPLY CHAIN DISRUPTIONS.

“(a) Report on Impact of Russia’s Invasion of Ukraine.—Not later than 60 days after the date of the enactment of this section, the Secretary of State shall submit to the committees listed in subsection

(b) a report of the interagency working group that—

“(1) reviews and analyzes—

“(A) the impact of Russia’s unprovoked attack on Ukraine on the supply of palladium, neon gas, helium, and hexafluorobutadiene (C4F6); and

“(B) the impact, if any, on supply chains and the global economy;

“(2) recounts diplomatic efforts by the United States to work with other countries that mine, synthesize, or purify palladium, neon gas, helium, or hexafluorobutadiene (C4F6);

“(3) quantifies the actions resulting from these efforts to diversify sources of supply of these items;

“(4) sets forth steps the United States has taken to bolster its production or secure supply of palladium or other compounds and elements listed in paragraph (1)(A);

“(5) lists any other important elements, compounds, or products in the semiconductor supply chain that have been affected by Russia’s illegal attack on Ukraine; and

“(6) recommends any potential legislative steps that could be taken by Congress to further bolster the supply of elements, compounds, or products for the semiconductor supply chain that have been curtailed as a result of Russia’s actions.

“(b) Committees Listed.—The committees listed in this subsection are—

“(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

“(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate.

“(c) Annual Report on Potential Future Shocks to Semiconductor Supply Chains.—

“(1) In general.—Not later than 180 days after the date of the enactment of this section, and annually thereafter for 5 years, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report of the interagency working group that—

“(A) outlines and plans for the most likely future geopolitical developments that could severely disrupt global semiconductor supply chains in ways that could harm the national security or economic interests of the United States;

“(B) forecasts the various potential impacts on the global supply chain for semiconductors, and products that use semiconductors, from the developments outlined pursuant to subparagraph (A), as well as the following contingencies—

“(i) an invasion of Taiwan or geopolitical instability or conflict in East Asia;

“(ii) a broader war or geopolitical instability in Europe;

“(iii) strategic competitors dominating parts of the supply chain and leveraging that dominance coercively;

“(iv) a future international health crisis; and

“(v) natural disasters or shortages of natural resources and raw materials;

“(C) describes the kind of continency plans that would be needed for the safe evacuation of individuals with deep scientific and technical knowledge of semiconductors and their supply chain from areas under risk from conflict or natural disaster; and

“(D) evaluates the current technical and supply chain work force expertise within the Federal government to carry out these assessments.”.

SEC. 5876. GAO STUDY ON END USE MONITORING.

Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a review of the implementation by the Department of Defense and the Department of State of end-use monitoring, including—

(1) how well end-use monitoring deters misuse or unauthorized use of equipment;

(2) how the Departments identify persistent geographic areas of concern for closer monitoring; and

(3) how the Departments identify trends, learn from those trends, and implement best practices.

SEC. 5877. SENSE OF CONGRESS REGARDING THE LIFE AND LEGACY OF SENATOR JOSEPH MAXWELL CLELAND.

(a) Findings.—Congress finds the following:

(1) Joseph Maxwell Cleland was born August 24, 1942, in Atlanta, Georgia, the child of Juanita Kesler Cleland and Joseph Hughie Cleland, a World War II veteran, and grew up in Lithonia, Georgia.

(2) Joseph Maxwell Cleland graduated from Stetson University in Florida in 1964, and received his Master’s Degree in history from Emory University in Atlanta, Georgia.

(3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant’s Commission in the Army through its Reserve Officers’ Training Corps program.

(4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division.

(5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm.

(6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action.

(7) In 1970, Joseph Maxwell Cleland was elected to the Georgia Senate as the youngest member and the only Vietnam veteran, where he served until 1975.

(8) As a Georgia State Senator, Joseph Maxwell Cleland authored and advanced legislation to ensure access to public facilities in Georgia for elderly and handicapped individuals.

(9) In 1976, Joseph Maxwell Cleland began serving as a staffer on the Committee on Veterans Affairs of the Senate.

(10) In 1977, Joseph Maxwell Cleland was appointed by President Jimmy Carter to lead the Veterans Administration.

(11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency.

(12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war.

(13) Joseph Maxwell Cleland was elected in 1982 as Georgia’s Secretary of State, the youngest individual to hold the office, and served in that position for 14 years.

(14) in 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia.

(15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia’s military bases, servicemembers, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow servicemembers to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia.

(16) In 2002, Joseph Maxwell Cleland was appointed to the 9/11 Commission.

(17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007.

(18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017.

(19) Joseph Maxwell Cleland authored 3 books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot.

(20) Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career.

(21) Joseph Maxwell Cleland was a patriot, veteran, and lifelong civil servant who proudly served Georgia, the United States, and all veterans and servicemembers of the United States.

(22) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy.

(b) Death of the Honorable Joseph Maxwell Cleland.—Congress has heard with profound sorrow of the death of the Honorable Joseph Maxwell Cleland, who served—

(1) with courage and sacrifice in combat in the Vietnam War;

(2) with unwavering dedication to Georgia as a State Senator, Secretary of State, and Senator; and

(3) with honorable service to the United States and veterans of the United States through his lifetime of public service and tenure as Administrator of the Veterans Administration.

SEC. 5878. REPEAL OF 1991 AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION.

The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 50 U.S.C. 1541 note) is repealed.

SEC. 5879. ONDCP SUPPLEMENTAL STRATEGIES.

Section 706(h) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended—

(1) in paragraph (5), by striking “; and” and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting “; and”; and

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

“(7) develops performance measures and targets for the National Drug Control Strategy for supplemental strategies (the Southwest Border, Northern Border, and Caribbean Border Counternarcotics Strategies) to effectively evaluate region- specific goals, to the extent the performance measurement system does not adequately measure the effectiveness of the strategies, as determined by the Director, such strategies may evaluate interdiction efforts at and between ports of entry, interdiction technology, intelligence sharing, diplomacy, and other appropriate metrics, specific to each supplemental strategies region, as determined by the Director.”.

SEC. 5880. SUPPORT FOR AFGHANS APPLYING FOR STUDENT VISAS.

(a) Exception With Respect to Residence.—To be eligible as a nonimmigrant described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), a national of Afghanistan or a person with no nationality who last habitually resided in Afghanistan shall meet all requirements for such nonimmigrant status except they shall not need to demonstrate residence in Afghanistan or an intention not to abandon such residence.

(b) Applicability.—

(1) In general.—The exception under subsection (a) shall apply beginning on the date of the enactment of this Act and ending on the date that is two years after the date of the enactment of this Act.

(2) Extension.—The Secretary of Homeland Security, in consultation with the Secretary of State, shall periodically review the country conditions in Afghanistan and may renew the exception under subsection (a) in 18 month increments based on such conditions.

SEC. 5881. IMMIGRATION AGE-OUT PROTECTIONS.

(a) Age-out Protections for Immigrants.—

(1) In general.—Section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the end the following:

“(6) A determination of whether an alien is a child shall be made as follows:

“(A) For purposes of a petition under section 204 and a subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the date that is the priority date for the principal beneficiary and all derivative beneficiaries under section 203(h).

“(B) For purposes of a petition under section 214(d) and a subsequent application for adjustment of status under section 245(d), such determination shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security.

“(C) In the case of a petition under section 204 filed for an alien’s classification as a married son or daughter of a United States citizen under section 203(a)(3), if the petition is later converted, due to the legal termination of the alien’s marriage, to a petition to classify the alien as an immediate relative under section 201(b)(2)(A)(i) or as an unmarried son or daughter of a United States citizen under section 203(a)(1), the determination of the alien’s age shall be made using the age of the alien on the date of the termination of the marriage.

“(D) For an alien who was in status as a dependent child of a nonimmigrant pursuant to an approved employment-based petition under section 214 or an approved application under section 101(a)(15)(E) for an aggregate period of eight years prior to the age of 21, notwithstanding subparagraphs (A) through (C), the alien’s age shall be based on the date that such initial nonimmigrant employment-based petition or application was filed.

“(E) For an alien who has not sought to acquire status of an alien lawfully admitted for permanent residence within two years of an immigrant visa number becoming available to such alien, the alien’s age shall be their biological age unless the failure to seek to acquire status was due to extraordinary circumstances.

“(7) An alien who has reached 21 years of age and has been admitted under section 203(d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under section 203(b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A or section 203(b)(5)(M), shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under section 203(b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien reaches 21 years of age.”.

(2) Technical and conforming amendment.—Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by striking subsection (f).

(3) Effective date.—

(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).

(B) Motion to reopen or reconsider.—

(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—

(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;

(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

(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.

(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).

(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:

“(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.

“(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.

“(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.”.

(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:

“(h) Retention of Priority Dates.—

“(1) Priority date.—The priority date for an alien shall be the date that is the earliest of—

“(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

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

“(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.”.

SEC. 5882. MEDICARE IMPROVEMENT FUND.

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”.

SEC. 5883. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS AND WATER QUALITY CRITERIA FOR PFAS.

(a) Deadlines.—

(1) Water quality criteria.—Not later than the date that is 3 years after the date of enactment of this Act, the Administrator shall publish in the Federal Register human health water quality criteria under section 304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) to address each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances.

(2) Effluent limitations guidelines and standards for priority industry categories.—Not later than the following dates, the Administrator shall publish in the Federal Register a final rule establishing effluent limitations guidelines and standards, in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), for each of the following industry categories for the discharge (including a discharge into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, or class of those substances:

(A) During calendar year 2024.—Not later than June 30, 2024, for the following point source categories:

(i) Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations (or successor regulations).

(ii) Electroplating, as identified in part 413 of title 40, Code of Federal Regulations (or successor regulations).

(iii) Metal finishing, as identified in part 433 of title 40, Code of Federal Regulations (or successor regulations).

(B) During calendar year 2025.—Not later than June 30, 2025, for the following point source categories:

(i) Textile mills, as identified in part 410 of title 40, Code of Federal Regulations (or successor regulations).

(ii) Electrical and electronic components, as identified in part 469 of title 40, Code of Federal Regulations (or successor regulations).

(iii) Landfills, as identified in part 445 of title 40, Code of Federal Regulations (or successor regulations).

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

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

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

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

(b) Additional Monitoring Requirements.—

(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.

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

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

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

(3) Determination.—

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

(i) to commence developing effluent limitations and standards for the point source categories and entities listed in paragraph

(2); or

(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.

(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.

(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.

(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.

(e) Definitions.—In this section:

(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.

(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).

(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)).

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

(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.

(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).

SEC. 5884. AMENDMENTS TO THE MAINE INDIAN CLAIMS SETTLEMENT ACT OF 1980.

(a) Application of State Laws.—The Maine Indian Claims Settlement Act of 1980 (Public Law 96-420) is amended—

(1) in section 3—

(A) in subsection (m), by striking “and” at the end;

(B) in subsection (n), by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(o) ‘Mi’kmaq Nation’ means the sole successor to the Micmac Nation as constituted in aboriginal times in what is now the State of Maine, and all its predecessors and successors in interest, and which is represented, as of the date of enactment of this subsection, as to lands within the United States, by the Mi’kmaq Council.”; and

(2) in section 6—

(A) in subsection (a), by striking “provided in section 8(e) and section 5(d)(4)” and inserting “otherwise provided in this Act”; and

(B) in subsection (h)—

(i) by striking “Except as other wise provided in this Act, the” and inserting “The”;

(ii) in the first sentence, by inserting “or enacted for the benefit of” before “Indians, Indian nations”;

(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)”;

(iv) by striking “also (2)” and inserting “also (3)”; and

(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”.

(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—

(1) in subsection (a)—

(A) by striking “or” after “Passamaquoddy Tribe” and inserting a comma;

(B) by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”; and

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

(2) in subsection (b)—

(A) by striking “or” after “Passamaquoddy Tribe” and inserting a comma; and

(B) by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”;

(3) by striking subsection (e);

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

(5) in subsection (e), as so redesignated—

(A) by striking “or” after “Passamaquoddy Tribe” and inserting a comma;

(B) by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”; and

(C) by striking “or nation” and inserting “, nation, or band”.

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

(1) by striking “(a)” at the beginning; and

(2) by striking subsection (b).

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

SEC. 5885. SENSE OF CONGRESS THAT THE DEPARTMENT OF VETERANS AFFAIRS SHOULD BE PROHIBITED FROM DENYING HOME LOANS FOR VETERANS WHO LEGALLY WORK IN THE MARIJUANA INDUSTRY.

It is the sense of Congress that—

(1) veterans who have served our country honorably should not be denied access to Department of Veterans Affairs home loans on the basis of income derived from State-legalized cannabis activities;

(2) while the Department of Veterans Affairs has clarified that no statute or regulation specifically prohibits a veteran whose income is derived from State-legalized cannabis activities from obtaining a certificate of eligibility for Department of Veterans Affairs home loan benefits, many veterans continue to be denied access to home loans on the basis of income derived from State-legalized cannabis activities; and

(3) the Department of Veterans Affairs should improve communication with eligible lending institutions to reduce confusion among lenders and borrowers on this matter.

SEC. 5886. HERMIT’S PEAK/CALF CANYON FIRE ASSISTANCE.

(a) Findings and Purposes.—

(1) Findings.—Congress finds that—

(A) on April 6, 2022, the Forest Service initiated the Las Dispensas-Gallinas prescribed burn on Federal land in the Santa Fe National Forest in San Miguel County, New Mexico, when erratic winds were prevalent in the area that was also suffering from severe drought after many years of insufficient precipitation;

(B) on April 6, 2022, the prescribed burn, which became known as the “Hermit’s Peak Fire”, exceeded the containment capabilities of the Forest Service, was declared a wildfire, and spread to other Federal and non-Federal land;

(C) on April 19, 2022, the Calf Canyon Fire, also in San Miguel County, New Mexico, began burning on Federal land and was later identified as the result of a pile burn in January 2022 that remained dormant under the surface before reemerging;

(D) on April 27, 2022, the Hermit’s Peak Fire and the Calf Canyon Fire merged, and both fires were reported as the Hermit’s Peak Fire or the Hermit’s Peak/Calf Canyon Fire, (referred hereafter in this subsection as the “Hermit’s Peak/Calf Canyon Fire”);

(E) by May 2, 2022, the fire had grown in size and caused evacuations in multiple villages and communities in San Miguel County and Mora County, including in the San Miguel county jail, the State’s psychiatric hospital, the United World College, and New Mexico Highlands University;

(F) on May 4, 2022, the President issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico;

(G) on May 20, 2022, U.S. Forest Service Chief Randy Moore ordered a 90-day review of prescribed burn policies to reduce the risk of wildfires and ensure the safety of the communities involved;

(H) the U.S. Forest Service has assumed responsibility for the Hermit’s Peak/Calf Canyon Fire;

(I) the fire resulted in the loss of Federal, State, local, Tribal, and private property; and

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

(2) Purposes.—The purposes of this section are—

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

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

(b) Definitions.—In this section:

(1) Administrator.—The term “Administrator” means—

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

(B) if a Manager is appointed under subsection

(c)(1)(C), the Manager.

(2) Hermit’s peak/calf canyon fire.—The term “Hermit’s Peak/Calf Canyon Fire” means—

(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;

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

(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.

(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).

(4) Injured person.—The term “injured person” means—

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

(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.

(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.

(6) Manager.—The term “Manager” means an Independent Claims Manager appointed under subsection (c)(1)(C).

(7) Office.—The term “Office” means the Office of Hermit’s Peak/Calf Canyon Fire Claims established by subsection

(c)(1)(B).

(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).

(c) Compensation for Victims of Hermit’s Peak/Calf Canyon Fire.—

(1) In general.—

(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.

(B) Office of hermit’s peak/calf canyon fire claims.—

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

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

(iii) Funding.—The Office—

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

(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

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

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

(i) head the Office; and

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

(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.

(3) Investigation of claims.—

(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).

(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).

(C) Extent of damages.—Any payment under this section—

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

(ii) shall not include—

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

(II) punitive damages.

(4) Payment of claims.—

(A) Determination and payment of amount.—

(i) In general.—

(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.

(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.

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

(I) whether the claimant is an injured person;

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

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

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

(iii) Insurance and other benefits.—

(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.

(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.

(B) Partial payment.—

(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.

(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—

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

(II) keep any partial payment that the claimant received, unless the Administrator determines that the claimant— (aa) was not eligible to receive the compensation; or (bb) fraudulently procured the compensation.

(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.

(D) Allowable damages.—

(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—

(I) an uninsured or underinsured property loss;

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

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

(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;

(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

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

(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:

(I) Damage to tangible assets or inventory.

(II) Business interruption losses.

(III) Overhead costs.

(IV) Employee wages for work not performed.

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

(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:

(I) Increased mortgage interest costs.

(II) An insurance deductible.

(III) A temporary living or relocation expense.

(IV) Lost wages or personal income.

(V) Emergency staffing expenses.

(VI) Debris removal and other cleanup costs.

(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.

(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.

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

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

(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—

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

(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.

(6) Regulations and public information.—

(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.

(B) Public information.—

(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—

(I) the rights conferred under this section; and

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

(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.

(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—

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

(B) provide for local concerns.

(8) Election of remedy.—

(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—

(i) submitting a claim under this section;

(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

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

(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.

(C) Arbitration.—

(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.

(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.

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

(I) be binding; and

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

(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.

(9) Judicial review.—

(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.

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

(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.

(10) Attorney’s and agent’s fees.—

(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.

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

(11) Waiver of requirement for matching funds.—

(A) State and local project.—

(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.

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

(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.

(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—

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

(B) a claimant was not eligible under paragraph

(4)(B) of this section to any partial payment.

(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—

(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;

(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

(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.

(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—

(A) the amount claimed;

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

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

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

SEC. 5887. OPEN TECHNOLOGY FUND GRANTS.

(a) In General.—In addition to grants made to the Open Technology Fund of the United States Agency for Global Media pursuant to section 305 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6204) to make grants for the purposes specified in section 309A of such Act (22 U.S.C. 6208a), the Open Technology Fund may make grants to eligible entities to surge and sustain support for internet freedom technologies to counter acute escalations in censorship in closed countries.

(b) Methodology.—Grants under this section shall be made competitively, and shall be subject to audits by the Open Technology Fund to ensure that technologies described in subsection (a) are secure and have not been compromised in a manner detrimental to the interests of the United States or to individuals or organizations benefitting from programs supported by such grants.

(c) Reporting.—The Open Technology Fund shall annually submit to the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate a report on grants made and activities carried out pursuant to such grants during the immediately preceding fiscal year.

(d) Authorization of Appropriations.—

(1) In general.—There is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

(2) Availability.—Amounts authorized to be appropriated pursuant to this subsection are authorized to remain available until expended.

(e) Definitions.—In this section:

(1) Closed countries.—The term “closed countries” means countries in which democratic participation, free expression, freedom of movement, or access to information is suppressed or explicitly prohibited through political, judicial, social, or technical means, or as otherwise determined by the Secretary of State, the Chief Executive Officer for the United States Agency for Global Media, or the President of the Open Technology Fund.

(2) Eligible entities.—The term “eligible entities” means public or private sector entities with proven and already-deployed technology relating to surging and sustaining support for internet freedom technologies to counter acute escalations in censorship in closed countries.

SEC. 5888. STRATEGIC TRANSFORMER RESERVE AND RESILIENCE.

(a) Plan and Report.—Not later than 18 months after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing—

(1) a plan for reducing the vulnerability of the electric grid to physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, climate change, and seismic events, including by—

(A) establishing a strategic transformer reserve that ensures that large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment are strategically located to ensure timely replacement of such equipment as may be necessary to restore electric grid function rapidly in the event of severe damage to the electric grid due to physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, climate change, or seismic events; and

(B) establishing a coordinated plan to facilitate transportation of large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment; and

(2) an evaluation of the benefits of establishing such a strategic transformer reserve, including the benefits of purchasing critical electric grid equipment that is made of iron and steel products produced in the United States.

(b) Transformer Resilience.—The Secretary shall—

(1) improve large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment by reducing their vulnerabilities;

(2) develop, test, and deploy innovative equipment designs that are more flexible and offer greater resiliency of electric grid functions;

(3) coordinate with industry and manufacturers to standardize large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment;

(4) monitor and test large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment that the Secretary determines may pose a risk to the bulk-power system or national security; and

(5) facilitate the domestic manufacturing of large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment through the issuance of grants and loans, and through the provision of technical support.

(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.

(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.

(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.

(f) Definitions.—In this section:

(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).

(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).

(3) The term “iron and steel products” includes electrical steel used in the manufacture of—

(A) transformers; and

(B) laminations, cores, and other transformer components.

(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.

(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).

(2) The term “Secretary” means the Secretary of Energy.

SEC. 5889. AI IN COUNTERTERRORISM OVERSIGHT ENHANCEMENT.

(a) Short Title.—This section may be cited as the “AI in Counterterrorism Oversight Enhancement Act”.

(b) Oversight of Use of Artificial Intelligence-enabled Technologies by Executive Branch for Counterterrorism Purposes.—

(1) Amendments to authorities and responsibilities of privacy and civil liberties officers.—Section 1062 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1) is amended—

(A) in subsection (a)—

(i) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5);

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

“(3) provide to the Privacy and Civil Liberties Oversight Board, with respect to covered artificial intelligence-enabled technologies—

“(A) not later than 180 days after the date on which this paragraph takes effect, and every 6 months thereafter, written notice of the use of such technologies or the planned evaluation, use, development, acquisition, retention of services for, or repurposing of such technologies;

“(B) access to associated impact statements, including system of record notices, privacy impact assessments, and civil liberties impact assessments;

“(C) access to associated information and materials documenting—

“(i) the processes for data collection related to such technologies, for obtaining consent related to the use of such technologies, or for the disclosure of the use of such technologies;

“(ii) the algorithms and models of such technologies;

“(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;

“(iv) data governance processes and procedures, including acquisition, protection, retention, sharing, and access, related to data resources associated with such technologies; and

“(v) processes for training and testing, evaluating, validating, and modifying such technologies; and

“(D) access to all other associated information and materials.”;

(B) in subsection (d)(1), by inserting “(including as described under subsection (a)(3))” after “officer”; and

(C) by adding at the end the following:

“(i) Definitions.—In this section:

“(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).

“(2) Covered artificial intelligence-enabled technology.— The term ‘covered artificial intelligence-enabled technology’ means an artificial intelligence-enabled technology (including a classified technology)—

“(A) in use by the applicable department, agency, or element to protect the Nation from terrorism; or

“(B) that the applicable department, agency, or element plans to evaluate, develop, acquire, retain, or repurpose to protect the Nation from terrorism.

“(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.”.

(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.

(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).

(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.

SEC. 5890. ELIMINATION OF TERMINATION CLAUSE FOR GLOBAL ENGAGEMENT CENTER.

Section 1287 of Public Law 114-328 is amended by striking subsection (j).

SEC. 5891. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

(a) In General.—Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. 3912) is amended by adding at the end the following new subsection:

“(d) Written Consent Required for Arbitration.—Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember’s spouse jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.”.

(b) Applicability.—Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.

SEC. 5892. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

(a) In General.—Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended—

(1) in the second sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “to which it applies”; and

(2) in the third sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “period of military service”.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act.

SEC. 5893. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended—

(1) in the matter preceding paragraph (1), by inserting “, notwithstanding any previous agreement to the contrary,” after “may”; and

(2) in paragraph (3), by striking “, notwithstanding any previous agreement to the contrary”.

SEC. 5894. DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES LEASING ACT OF 2016.

Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public Law 114-226) is amended—

(1) in subparagraph (A), by striking “; and” and inserting a semicolon;

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

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

“(B) to the extent specified in advance in an appropriations Act for a fiscal year, any funds received as compensation for an easement described in subsection (e); and”.

SEC. 5895. REPORT ON THE USE OF DATA AND DATA SCIENCE AT THE DEPARTMENT OF STATE AND USAID.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing the results of a study regarding—

(1) the use of data in foreign policy, global issues policy analysis, and decision-making at the Department of State;

(2) the use of data in development, development assistance policy, and development program design and execution at the United States Agency for International Development; and

(3) the use of data in recruitment, hiring, retention, and personnel decisions at the Department of State and the United States Agency for International Development, including the accuracy and use of data for comprehensive strategic workforce planning across all career and non-career hiring mechanisms.

SEC. 5896. MODIFICATION OF REPORTS TO CONGRESS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.

Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 24 2656 note) is amended—

(1) in paragraph (5), by striking “; and” and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(7) a description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of conduct that is sanctionable under section 1263 in countries where those sanctioned are located; and

“(8) a description of additional steps taken by the President to ensure the pursuit of judicial accountability in appropriate jurisdictions with respect to those foreign persons subject to sanctions under section 1263.”.

SEC. 5897. DEPARTMENT OF STATE FELLOWSHIPS FOR RULE OF LAW ACTIVITIES IN CENTRAL AMERICA.

(a) Establishment.—The Secretary of State shall establish a fellowship program, to be known as the “Central American Network for Democracy”, to support a regional corps of civil society activists, lawyers (including members of the judiciary and prosecutors’ offices), journalists, and investigators.

(b) Elements.—This fellowship program shall—

(1) provide a temporary respite for members of the regional corps in a safe environment;

(2) allow the members to continue to work via engagement with universities, think tanks, government actors, and international organizations; and

(3) aid the members in leveraging lessons learned in order to contribute to regional democracy and rule of law activities in Central America, including electoral and transition support, institutional reform, anti-corruption investigations, and local engagement.

(c) Regional and International Support.—The Secretary of State shall take such steps as may be necessary—

(1) to obtain support for the fellowship program from international foundations, regional and United States governmental and nongovernmental organizations, and regional and United States universities; and

(2) to ensure the fellowship program is well coordinated with and complementary of existing mechanisms such as the Lifeline Embattled CSO Assistance Fund.

(d) Focus; Safety.—Activities carried out under the fellowship program—

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

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

(e) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2023.

SEC. 5898. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN GOVERNMENTS.

(a) In General.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of State, the Secretary of the Treasury, and the head of any other relevant Federal department or agency that the Comptroller General determines necessary, shall submit to the appropriate congressional committees a report on all comprehensive sanctions imposed on de jure or de facto governments of foreign countries, and all comprehensive sanctions imposed on non-state actors that exercise significant de facto governmental control over a foreign civilian population, under any provision of law.

(b) Matters to Be Included.—The report required by subsection (a) shall include—

(1) an assessment of the effect of sanctions imposed on the government of each foreign country and each non-state actor that exercises significant de facto governmental control over a foreign civilian population described in subsection (a) on—

(A) the ability of civilian population of the country to access water, food, sanitation, and public health services, including all humanitarian aid and supplies related to the prevention, diagnosis, and treatment of COVID-19;

(B) the changes to the general mortality rate, maternal mortality rate, life expectancy, and literacy;

(C) the extent to which there is an increase in refugees or migration to or from the country or an increase in internally displaced people in the country;

(D) the degree of international compliance and non- compliance of the country; and

(E) the licensing of transactions to allow access to essential goods and services to vulnerable populations, including the number of licenses applied for, approved, or denied and reasons why such licenses were denied, and average time to receive a decision; and

(2) a description of the purpose of sanctions imposed on the government of each foreign country and each non-state actor that exercises significant de facto governmental control over a foreign civilian population described in subsection (a) and the required legal or political authority, including—

(A) an assessment of United States national security;

(B) an assessment of whether the stated foreign policy goals of the sanctions are being met;

(C) the degree of international support or opposition to the sanctions; and

(D) an assessment of such sanctions on United States businesses, consumers, and financial institutions.

(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.

(d) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and

(2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.

SEC. 5899. WASTEWATER ASSISTANCE TO COLONIAS.

Section 307 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1281 note) is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B) by inserting after paragraph (1) the following:

“(2) Covered entity.—The term ‘covered entity’ means each of the following:

“(A) A border State.

“(B) A local government with jurisdiction over an eligible community.”;

(2) in subsection (b), by striking “border State” and inserting “covered entity”;

(3) in subsection (d), by striking “shall not exceed 50 percent” and inserting “may not be less than 80 percent”; and

(4) in subsection (e)—

(A) by striking “$25,000,000” and inserting “$100,000,000”; and

(B) by striking “1997 through 1999” and inserting “2023 through 2027”.

SEC. 5900. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET MEMBER.

(a) Amendment.—Section 431 of title 18, United States Code, is amended—

(1) in the section heading, by inserting “the President, the Vice President, a Cabinet Member, or a” after “Contracts by”; and

(2) in the first undesignated paragraph, by inserting “the President, the Vice President, or any member of the Cabinet,” after “Whoever, being”.

(b) Table of Sections Amendment.—The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following:

“431. Contracts by the President, the Vice President, a Cabinet Member, or a Member of Congress.”.

SEC. 5901. STATEMENT OF POLICY AND REPORT ON ENGAGING WITH NIGER.

(a) Statement of Policy.—It is the policy of the United States to—

(1) continue to support Niger’s efforts to advance democracy, good governance, human rights, and regional security within its borders through bilateral assistance and multilateral initiatives;

(2) enhance engagement and cooperation with the Nigerien government at all levels as a key component of stabilizing the Sahel, where frequent coups and other anti-democratic movements, food insecurity, violent extremism, and armed conflict threaten to further weaken governments throughout the region; and

(3) work closely with partners and allies throughout the international community to elevate Niger, which experienced its first democratic transition of power in 2021, as an example of transitioning from longstanding military governance and a cycle of coups to a democratic, civilian-led form of government.

(b) Report Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of relevant departments and agencies, shall submit to the appropriate congressional committees a report on interagency efforts to enhance United States engagement with Niger as a key component of the United States Strategy toward the Sahel. Such report shall also include the following information with respect to the 2 fiscal years preceding the date of the submission of the report:

(1) A description of United States efforts to promote democracy, political pluralism, fiscal transparency and other good governance initiatives, human rights and the rule of law, and a robust and engaged civil society.

(2) A full, detailed breakdown of United States assistance provided to help the Nigerien Government develop a comprehensive national security strategy, including to counter terrorism, regional and transnational organized crime, intercommunal violence, and other forms of armed conflict, criminal activity, and other threats to United States and Nigerien national security.

(3) An analysis of relevant resources at United States Embassy Niamey, including whether staff in place by the end of the current fiscal year will be sufficient to meet various country and regional strategic objectives.

(4) An overview of foreign partner support for Niger’s intelligence and security sector.

(5) A detailed description of United States and international efforts to address food insecurity in Niger, including that which is caused by deforestation, desertification, and other climate change-related issues.

(6) A breakdown of United States funds obligated for humanitarian assistance in Niger, and an analysis of how the security situation in Niger has affected humanitarian operations and diplomatic engagement throughout the country.

(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.

(c) Form.—The report required by section (b) shall be submitted in unclassified form and may include a classified annex.

(d) Appropriate Congressional Committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

SEC. 5902. INTERAGENCY TASK FORCE.

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

(1) the People’s Republic of China’s (PRC) increasing use of economic coercion against foreign governments, companies, organizations, other entities, and individuals requires that the United States better understand these measures in order to devise a comprehensive, effective, and multilateral response;

(2) the private sector is a crucial partner in helping the United States Government understand the PRC’s coercive economic measures and hold the PRC accountable, and that additional business transparency would help the United States Government and private sector stakeholders conduct early assessments of potential pressure points and vulnerabilities; and

(3) PRC coercive economic measures creates pressures for the private sector to behave in ways antithetical to United States national interests and competitiveness.

(b) Establishment.—Not later than 180 days after the date of the enactment of this Act, the President shall establish an interagency task force to be known as the “Countering Economic Coercion Task Force” (referred to in this section as the “Task Force”).

(c) Duties.—

(1) In general.—The Task Force shall—

(A) oversee the development and implementation of an integrated United States Government strategy to respond to People’s Republic of China (PRC) coercive economic measures, which shall include—

(i) systematically monitoring and evaluating—

(I) the costs of such measures on United States businesses and overall United States economic performance;

(II) instances in which such measures taken against a non-PRC entity has benefitted other parties; and

(III) the impacts such measures have had on United States national interests; and

(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;

(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;

(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

(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.

(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:

(A) Relevant stakeholders in the private sector.

(B) Federal departments and agencies that are not represented on the Task Force.

(C) United States allies and partners.

(d) Membership.—The President shall—

(1) appoint the chair of the Task Force from among the staff of the National Security Council;

(2) appoint the vice chair of the Task Force from among the staff of the National Economic Council; and

(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:

(A) The Department of State.

(B) The Department of Commerce.

(C) The Department of the Treasury.

(D) The Department of Justice.

(E) The Office of the United States Trade Representative.

(F) The Department of Agriculture.

(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)).

(H) The Securities and Exchange Commission.

(I) The United States International Development Finance Corporation.

(J) Any other department or agency designated by the President.

(e) Reports.—

(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:

(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.

(B) The strategy required by subsection (c)(1)(A).

(C) An interagency definition of PRC coercive economic measures that captures both—

(i) the use of informal or extralegal PRC coercive economic measures; and

(ii) the illegitimate use of formal economic tools.

(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.

(E) A list of unilateral or multilateral—

(i) proactive measures to defend or deter against PRC coercive economic measures; and

(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.

(F) An assessment of areas in which United States allies and partners are vulnerable to PRC coercive economic measures.

(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.

(H) An analysis of the circumstances under which the PRC employs different types of economic coercion and against what kinds of targets.

(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.

(2) Interim reports.—

(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:

(i) Updates to information required by subparagraphs (A) through (G) of paragraph (1).

(ii) A description of activities conducted by the Task Force to implement the strategy required by subsection (c)(1)(A).

(iii) An assessment of the implementation and effectiveness of the strategy, lessons learned from the past year, and planned changes to the strategy.

(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).

(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:

(A) An analysis of PRC coercive economic measures and the cost of such coercive measures to United States businesses.

(B) A description of areas of possible vulnerability for United States businesses and businesses of United States partners and allies.

(C) Recommendations on how to continue the effort to counter PRC coercive economic measures, including through further coordination with United States allies and partners.

(D) A list of cases made public under subsection

(f).

(4) Form.—

(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.

(B) Final report.—The report required by paragraph

(3) shall be submitted in unclassified form, but may include a classified annex.

(f) Publicly Available List.—

(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.

(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).

(g) Sunset.—

(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.

(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).

(h) Definitions.—In this section:

(1) Appropriate congressional committees.—The term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Foreign Relations of the Senate.

(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.

SEC. 5903. MODIFICATION OF DUTIES OF UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION.

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”.

SEC. 5904. TAIWAN FELLOWSHIP PROGRAM.

(a) Definitions.—In this section:

(1) Agency head.—The term “agency head” means, in the case of the executive branch of United States Government, or in the case of a legislative branch agency specified in paragraph

(2), the head of the respective agency.

(2) Agency of the united states government.—The term “agency of the United States Government” includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch.

(3) Appropriate congressional committees.—The term “appropriate congressional committees” means—

(A) the Committee on Appropriations of the Senate;

(B) the Committee on Foreign Relations of the Senate;

(C) the Committee on Appropriations of the House of Representatives; and

(D) the Committee on Foreign Affairs of the House of Representatives.

(4) Detailee.—The term “detailee” means an employee of an agency of the United States Government on loan to the American Institute in Taiwan, without a change of position from the agency at which such employee is employed.

(5) Implementing partner.—The term “implementing partner” means any United States organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that—

(A) is selected through a competitive process;

(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

(C) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program.

(b) Establishment of Taiwan Fellowship Program.—

(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.

(2) Cooperative agreements.—

(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.

(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—

(i) not fewer than five fellowships during the first two years of the Program; and

(ii) not fewer than ten fellowships during each of the remaining years of the Program.

(3) International agreement; implementing partner.—Not later than 30 days after the date of the enactment of this Act, the American Institute in Taiwan, in consultation with the Department of State, shall—

(A) begin negotiations with the Taipei Economic and Cultural Representative Office, or with another appropriate entity, for the purpose of entering into an agreement to facilitate the placement of fellows in an agency of the governing authorities on Taiwan; and

(B) begin the process of selecting an implementing partner, which—

(i) shall agree to meet all of the legal requirements required to operate in Taiwan; and

(ii) shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region.

(4) Curriculum.—

(A) First year.—During the first year of each fellowship under this subsection, each fellow should study—

(i) the Mandarin Chinese language;

(ii) the people, history, and political climate on Taiwan; and

(iii) the issues affecting the relationship between the United States and the Indo-Pacific region.

(B) Second year.—During the second year of each fellowship under this 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—

(i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or

(ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed.

(5) Flexible fellowship duration.—Notwithstanding any requirement under this 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.

(6) Sunset.—The Program shall terminate ten years after the date of the enactment of this Act.

(c) Program Requirements.—

(1) Eligibility requirements.—A United States citizen is eligible for a fellowship under this section if he or she—

(A) is an employee of the United States Government;

(B) has received at least one exemplary performance review in his or her current United States Government role within at least the last three years prior to the beginning the fellowship;

(C) has at least two years of experience in any branch of the United States Government;

(D) has a demonstrated professional or educational background in the relationship between the United States and countries in the Indo-Pacific region; and

(E) has demonstrated his or her commitment to further service in the United States Government.

(2) Responsibilities of fellows.—Each recipient of a fellowship under this section shall agree, as a condition of such fellowship—

(A) to maintain satisfactory progress in language training and appropriate behavior in Taiwan, as determined by the Department of State, the American Institute in Taiwan and, as appropriate, its implementing partner;

(B) to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and

(C) to continue Federal Government employment for a period of not less than four years after the conclusion of the fellowship or for not less than two years for a fellowship that is one year or shorter.

(3) Responsibilities of implementing partner.—

(A) Selection of fellows.—The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall—

(i) make efforts to recruit fellowship candidates who reflect the diversity of the United States;

(ii) select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and

(iii) prioritize the selection of candidates willing to serve a fellowship lasting one year or longer.

(B) First year.—The implementing partner should provide each fellow in the first year (or shorter duration, as jointly determined by the Department of State and the American Institute in Taiwan for those who are not serving a two-year fellowship) with—

(i) intensive Mandarin Chinese language training; and

(ii) courses in the politic, culture, and history of Taiwan, China, and the broader Indo- Pacific.

(C) Waiver of required training.—The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin 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.

(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—

(i) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and

(ii) to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents.

(E) Other functions.—The implementing partner 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.

(4) Noncompliance.—

(A) In general.—Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for—

(i) the Federal funds expended for the fellow’s participation in the fellowship, as set forth in subparagraphs (B) and (C); and

(ii) interest accrued on such funds (calculated at the prevailing rate).

(B) Full reimbursement.—Any fellow who violates subparagraph (A) or (B) of paragraph (2) shall reimburse the American Institute in Taiwan in an amount equal to the sum of—

(i) all of the Federal funds expended for the fellow’s participation in the fellowship; and

(ii) interest on the amount specified in clause (i), which shall be calculated at the prevailing rate.

(C) Pro rata reimbursement.—Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between—

(i) the amount specified in subparagraph

(B); and

(ii) the product of—

(I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by

(II) the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government.

(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:

(A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section.

(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.

(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.

(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.

(E) Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program.

(F) An assessment of the Program’s value upon the relationship between the United States and Taiwan or the United States and Asian countries.

(6) Annual financial audit.—

(A) In general.—The financial records of any implementing partner shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another political subdivision of the United States.

(B) Location.—Each audit under subparagraph (A) shall be conducted at the place or places where the financial records of the implementing partner are normally kept.

(C) Access to documents.—The implementing partner shall make available to the accountants conducting an audit under subparagraph (A)—

(i) all books, financial records, files, other papers, things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit; and

(ii) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.

(D) Report.—

(i) In general.—Not later than 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.

(ii) Contents.—Each audit report shall—

(I) set forth the scope of the audit;

(II) include such statements, along with the auditor’s opinion of those statements, as may be necessary to present fairly the implementing partner’s assets and liabilities, surplus or deficit, with reasonable detail;

(III) include a statement of the implementing partner’s income and expenses during the year; and

(IV) include a schedule of— (aa) all contracts and cooperative agreements requiring payments greater than $5,000; and (bb) any payments of compensation, salaries, or fees at a rate greater than $5,000 per year.

(iii) Copies.—Each audit report shall be produced in sufficient copies for distribution to the public.

(d) Taiwan Fellows on Detail From Government Service.—

(1) In general.—

(A) Detail authorized.—With the approval of the Secretary of State, an agency head may detail, for a period of not more than 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).

(B) Agreement.—Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree—

(i) to continue in the service of the sponsoring agency at the end of fellowship for a period of at least 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

(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.

(C) Exception.—The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection.

(2) Status as government employee.—A detailee—

(A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency;

(B) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and

(C) may be assigned to a position with an entity described in subsection (b)(4)(B)(i) if acceptance of such position does not involve—

(i) the taking of an oath of allegiance to another government; or

(ii) the acceptance of compensation or other benefits from any foreign government by such detailee.

(3) Responsibilities of sponsoring agency.—

(A) In general.—The 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—

(i) a living quarters allowance to cover the cost of housing in Taiwan;

(ii) a cost of living allowance to cover any possible higher costs of living in Taiwan;

(iii) a temporary quarters subsistence allowance for up to seven days if the fellow is unable to find housing immediately upon arriving in Taiwan;

(iv) an education allowance to assist parents in providing the fellow’s minor children with educational services ordinarily provided without charge by public schools in the United States;

(v) moving expenses to transport personal belongings of the fellow and his or her family in their move to Taiwan, which is comparable to the allowance given for American Institute in Taiwan employees assigned to Taiwan; and

(vi) an economy-class airline ticket to and from Taiwan for each fellow and the fellow’s immediate family.

(B) Modification of benefits.—The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in subparagraph (A) if such modification is warranted by fiscal circumstances.

(4) No financial liability.—The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental entities in Taiwan at which a fellow is detailed during the second year of the fellowship may not be held responsible for the pay, allowances, or any other benefit normally provided to the detailee.

(5) Reimbursement.—Fellows may be detailed under paragraph

(1)(A) without reimbursement to the United States by the American Institute in Taiwan.

(6) Allowances and benefits.—Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3).

(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:

(1) An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, the places of employment.

(2) An assessment of the costs and benefits for participants in the Program and for the United States Government of such fellowships.

(3) An analysis of the financial impact of the fellowship on United States Government offices that have detailed fellows to participate in the Program.

(4) Recommendations, if any, on how to improve the Program.

(f) Funding.—

(1) Authorization of appropriations.—There are authorized to be appropriated to the American Institute in Taiwan—

(A) for fiscal year 2023, $2,900,000, of which $500,000 should be used by an appropriate implementing partner to launch the Program; and

(B) for fiscal year 2024, and each succeeding fiscal year, $2,400,000.

(2) Private sources.—Subject to appropriation, the implementing partner selected to implement the Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan.

SEC. 5905. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS OF PAYROLL COSTS UNDER HIGHWAY AND PUBLIC TRANSPORTATION PROJECT COST-REIMBURSEMENT CONTRACTS.

(a) In General.—Notwithstanding section 31.201-5 of title 48, Code of Federal Regulations (or successor regulations), for the purposes of any cost-reimbursement contract awarded in accordance with section 112 of title 23, United States Code, or section 5325 of title 49, United States Code, or any subcontract under such a contract, no cost reduction or cash refund (including through a reduced indirect cost rate) shall be due to the Department of Transportation or to a State transportation department, transit agency, or other recipient of assistance under chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code, on the basis of forgiveness of the payroll costs of a covered loan (as those terms are defined in section 7A(a) of the Small Business Act (15 U.S.C. 636m(a))) issued under the paycheck protection program under section 7(a)(36) of that Act (15 U.S.C. 636(a)(36)).

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

(c) Termination.—This section ceases to be effective on June 30, 2025.

SEC. 5906. BILITERACY EDUCATION SEAL AND TEACHING ACT.

(a) Department of Education Grants for State Seal of Biliteracy Programs.—

(1) Establishment of program.—

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

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

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

(D) Renewal.—At the end of a grant term, a State that receives a grant under this subsection may reapply for a grant under this subsection.

(E) Limitations.—A State shall not receive more than 1 grant under this subsection at any time.

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

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

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

(B) a detailed description of the State’s plan—

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

(ii) to ensure that—

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

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

(iii) to reach students, including eligible students described in paragraph (3)(B) and English learners, their parents, and schools with information regarding the State Seal of Biliteracy program;

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

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

(ii) documentation of proficiency on the student’s official academic transcript; and

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

(3) Student participation in a seal of biliteracy program.—

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

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

(4) Use of funds.—Grant funds made available under this subsection shall be used for—

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

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

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

(6) Authorization of appropriations.—There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2023 through 2027.

(b) Definitions.—In this section:

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

(2) The term “Native American languages” has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).

(3) The term “Seal of Biliteracy program” means any program described in subsection (b)(1) that is established or improved, and carried out, with funds received under this section.

(4) The term “second language” means any language other than English (or a Native American language, pursuant to subsection (b)(1)(B)), including Braille, American Sign Language, or a Classical language.

(5) The term “Secretary” means the Secretary of Education.

SEC. 5907. PRESUMPTION OF CAUSE OF DISABILITY OR DEATH DUE TO EMPLOYMENT IN FIRE PROTECTION ACTIVITIES.

(a) Certain Diseases Presumed to Be Work-related Cause of Disability or Death for Federal Employees in Fire Protection Activities.—

(1) Presumption relating to employees in fire protection activities.—Subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after section 8143a the following: “Sec. 8143b. Employees in fire protection activities.

“(a) Certain Diseases Deemed to Be Proximately Caused by Employment in Fire Protection Activities.—

“(1) In general.—For a claim under this subchapter of disability or death of an employee who has been employed for a minimum of 5 years in aggregate as an employee in fire protection activities, a disease specified on the list established under paragraph (2) shall be deemed to be proximately caused by the employment of such employee.

“(2) Establishment of initial list.—There is established under this section the following list of diseases:

“(A) Bladder cancer.

“(B) Brain cancer.

“(C) Chronic obstructive pulmonary disease.

“(D) Colorectal cancer.

“(E) Esophageal cancer.

“(F) Kidney cancer.

“(G) Leukemias.

“(H) Lung cancer.

“(I) Mesothelioma.

“(J) Multiple myeloma.

“(K) Non-Hodgkin lymphoma.

“(L) Prostate cancer.

“(M) Skin cancer (melanoma).

“(N) A sudden cardiac event or stroke while, or not later than 24 hours after, engaging in the activities described in subsection (b)(1)(C).

“(O) Testicular cancer.

“(P) Thyroid cancer.

“(3) Additions to the list.—

“(A) In general.—The Secretary shall periodically review the list established under this section in consultation with the Director of the National Institute on Occupational Safety and Health and shall add a disease to the list by rule, upon a showing by a petitioner or on the Secretary’s own determination, in accordance with this paragraph.

“(B) Basis for determination.—The Secretary shall add a disease to the list upon a showing by a petitioner or the Secretary’s own determination, based on the weight of the best available scientific evidence, that there is a significant risk to employees in fire protection activities of developing such disease.

“(C) Available expertise.—In determining significant risk for purposes of subparagraph (B), the Secretary may accept as authoritative and may rely upon recommendations, risk assessments, and scientific studies (including analyses of National Firefighter Registry data pertaining to Federal firefighters) by the National Institute for Occupational Safety and Health, the National Toxicology Program, the National Academies of Sciences, Engineering, and Medicine, and the International Agency for Research on Cancer.

“(4) Petitions to add to the list.—

“(A) In general.—Any person may petition the Secretary to add a disease to the list under this section.

“(B) Content of petition.—Such petition shall provide information to show that there is sufficient evidence of a significant risk to employees in fire protection activities of developing such illness or disease from their employment.

“(C) Timely and substantive decisions.—Not later than 18 months after receipt of a petition, the Secretary shall either grant or deny the petition by publishing in the Federal Register a written explanation of the reasons for the Secretary’s decision. The Secretary may not deny a petition solely on the basis of competing priorities, inadequate resources, or insufficient time for review.

“(D) Notification to congress.—Not later than 30 days after making any decision to approve or deny a petition under this paragraph, the Secretary shall notify the Committee on Education and Labor of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate of such decision.

“(b) Definitions.—In this section:

“(1) Employee in fire protection activities.—The term ‘employee in fire protection activities’ means an employee employed as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who—

“(A) is trained in fire suppression;

“(B) has the legal authority and responsibility to engage in fire suppression;

“(C) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and

“(D) performs such activities as a primary responsibility of his or her job.

“(2) Secretary.—The term ‘Secretary’ means Secretary of Labor.”.

(2) Research cooperation.—Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall establish a process by which a Federal employee in fire protection activities filing a claim related to a disease on the list established by section 8143b of title 5, United States Code, will be informed about and offered the opportunity to contribute to science by voluntarily enrolling in the National Firefighter Registry or a similar research or public health initiative conducted by the Centers for Disease Control and Prevention.

(3) Agenda for further review.—Not later than 3 years after the date of enactment of this Act, the Secretary shall—

(A) evaluate the best available scientific evidence of the risk to an employee in fire protection activities of developing breast cancer, gynecological cancer, and rhabdomyolysis;

(B) add breast cancer, gynecological cancer, and rhabdomyolysis to the list established under section 8143b of title 5, United States Code, by rule in accordance with subsection (a)(3) of such section, if the Secretary determines that such evidence supports such addition; and

(C) submit a report of the Secretary’s findings under subparagraph (A) and the Secretary’s determination under subparagraph (B) to the Committee on Education and Labor of the House and the Committee on Homeland Security and Governmental Affairs of the Senate.

(4) Report on federal wildland firefighters.—The Director of the National Institute for Occupational Safety and Health shall conduct a comprehensive study on long-term health effects that Federal wildland firefighters who are eligible to receive workers’ compensation under chapter 81 of title 5, United States Code, experience after being exposed to fires, smoke, and toxic fumes when in service. Such study shall include—

(A) the race, ethnicity, age, gender, and time of service of such Federal wildland firefighters participating in the study; and

(B) recommendations to Congress on what legislative actions are needed to support such Federal wildland firefighters in preventing health issues from this toxic exposure, similar to veterans that are exposed to burn pits.

(5) Application.—The amendments made by this section shall apply to claims for compensation filed on or after the date of enactment of this Act.

(6) Report on affected employees.—Beginning 1 year after the date of enactment of this Act, the Secretary shall include in each annual report on implementation of the Federal Employees’ Compensation Act program and issues arising under it that the Secretary makes pursuant to section 8152 of title 5, United States Code, the total number and demographics of employees with diseases and conditions described in the amendments made by this Act as of the date of such annual report, disaggregated by the specific condition or conditions, for the purposes of understanding the scope of the problem. The Secretary may include any information they deem necessary and, as appropriate, may make recommendations for additional actions that could be taken to minimize the risk of adverse health impacts for Federal employees in fire protection activities.

(b) Subrogation of Continuation of Pay.—

(1) Subrogation of the united states.—Section 8131 of title 5, United States Code, is amended—

(A) in subsection (a), by inserting “continuation of pay or” before “compensation”; and

(B) in subsection (c), by inserting “continuation of pay or” before “compensation already paid”.

(2) Adjustment after recovery from a third person.—Section 8132 of title 5, United States Code, is amended—

(A) by inserting “continuation of pay or” before “compensation” the first and second place it appears;

(B) by striking “in his behalf” and inserting “on his behalf”;

(C) by inserting “continuation of pay and” before “compensation” the third place it appears; and

(D) by striking the 4th sentence and inserting the following: “If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to him by the United States for the same injury.”.

(c) Protection of Firefighters From Toxic Chemicals and Other Contaminants.—

(1) In general.—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 Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that evaluates the health and safety impacts on employees engaged in fire protection activities that result from the employees’ exposure to toxic chemicals and other contaminants that could cause human health problems. The report may include information on—

(A) the degree to which such programs and policies include consideration of the possibility of toxic exposure of such employees who may come into contact with residue from fibers, combusted building materials such as asbestos, household chemicals, polymers, flame- retardant chemicals, and other potentially toxic contaminants;

(B) the availability and proper maintenance of professional protective equipment and secure storage of such equipment in employees’ homes and automotive vehicles;

(C) the availability of home instructions for employees regarding toxins and contaminants, and the appropriate procedures to counteract exposure to same;

(D) the employees’ interests in protecting the health and safety of family members from exposure to toxic chemicals and other contaminants to which the employees may have been exposed; and

(E) other related factors.

(2) Context.—In preparing the report required under paragraph (1), the Comptroller General of the United States may, as appropriate, provide information in a format that delineates high risk urban areas from rural communities.

(3) Department of labor consideration.—After issuance of the report required under paragraph (1), the Secretary of Labor shall consider such report’s findings and assess its applicability for purposes of the amendments made by subsection

(b).

(d) Increase in Time-period for FECA Claimant to Supply Supporting Documentation to Office of Worker’s Compensation.—Not later than 60 days after the date of enactment of this Act, the Secretary of Labor shall—

(1) amend section 10.121 of title 20, Code of Federal Regulations, by striking “30 days” and inserting “60 days”; and

(2) modify the Federal Employees Compensation Act manual to reflect the changes to such section made by the Secretary pursuant to paragraph (1).

SEC. 5908. DOCUMENTING AND RESPONDING TO DISCRIMINATION AGAINST MIGRANTS ABROAD.

(a) Information to Include in Annual Country Reports on Human Rights Practices.—The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended—

(1) in section 116(d) (22 U.S.C. 2151n(d))—

(A) in paragraph (11)(C), by striking “and” at the end;

(B) in paragraph (12)(C)(ii), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(13) wherever applicable, violence or discrimination that affects the fundamental freedoms or human rights of migrants located in a foreign country.”; and

(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the ninth sentence the following: “Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms or human rights of migrants permanently or temporarily located in a foreign country.”.

(b) Review at Diplomatic and Consular Posts.—In preparing the annual country reports on human rights practices required under section 116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304), as amended by subsection (a), the Secretary of State shall obtain information from each diplomatic and consular post with respect to—

(1) incidents of violence against migrants located in the country in which such post is located;

(2) an analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or the actions of external actors; and

(3) the response, whether public or private, of the personnel of such post with respect to such incidents.

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

SEC. 5909. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN MONEY LAUNDERING OFFENSES.

Section 1956 of title 18, United States Code, is amended by adding at the end the following:

“(j) Seven-year Limitation.—Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for a violation of this section or section 1957 if the specified unlawful activity constituting the violation is the activity defined in subsection (c)(7)(B) of this section, unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.”.

SEC. 5910. FOREIGN CORRUPTION ACCOUNTABILITY SANCTIONS AND CRIMINAL ENFORCEMENT.

(a) In General.—

(1) Findings.—Congress finds the following:

(A) When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries’ economic health and harm citizens.

(B) By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies.

(C) The Special Inspector General for Afghan Reconstruction’s 2016 report “Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan” included the recommendation, “Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.”.

(2) Authorization of imposition of sanctions.—

(A) In general.—The Secretary of State may impose the sanctions described in subparagraph (B) with respect to any foreign person who is an individual the Secretary of State determines—

(i) engages in public corruption activities against a United States person, including—

(I) soliciting or accepting bribes;

(II) using the authority of the state to extort payments; or

(III) engaging in extortion; or

(ii) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in clause (i).

(B) Sanctions described.—

(i) Inadmissibility to united states.—A foreign person who is subject to sanctions under this subsection shall be—

(I) inadmissible to the United States;

(II) ineligible to receive a visa or other documentation to enter the United States; and

(III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(ii) Current visas revoked.—

(I) In general.—The visa or other entry documentation of a foreign person who is subject to sanctions under this subsection shall be revoked regardless of when such visa or other entry documentation is issued.

(II) Effect of revocation.—A revocation under subclause (I) shall— (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.

(C) Exception to comply with law enforcement objectives and agreement regarding headquarters of united nations.—Sanctions described under subparagraph

(B) shall not apply to a foreign person if admitting the person into the United States—

(i) would further important law enforcement objectives; or

(ii) is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.

(D) Termination of sanctions.—The Secretary of State may terminate the application of sanctions under this paragraph with respect to a foreign person if the Secretary of State determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—

(i) the person is no longer engaged in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity;

(ii) the Secretary of State has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under this part in the future; or

(iii) the termination of the sanctions is in the national security interests of the United States.

(E) Regulatory authority.—The Secretary of State shall issue such regulations, licenses, and orders as are necessary to carry out this paragraph.

(F) Appropriate congressional committees defined.— In this paragraph, the term “appropriate congressional committees” means—

(i) the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives; and

(ii) the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.

(3) Reports to congress.—

(A) In general.—The Secretary of State shall submit to the appropriate congressional committees, in accordance with subparagraph (B), a report that includes—

(i) a list of each foreign person with respect to whom the Secretary of State imposed sanctions pursuant to paragraph (2) during the year preceding the submission of the report;

(ii) the number of foreign persons with respect to which the Secretary of State—

(I) imposed sanctions under paragraph (2)(A) during that year; and

(II) terminated sanctions under paragraph (2)(D) during that year;

(iii) the dates on which such sanctions were imposed or terminated, as the case may be;

(iv) the reasons for imposing or terminating such sanctions;

(v) the total number of foreign persons considered under paragraph (2)C) for whom sanctions were not imposed; and

(vi) recommendations as to whether the imposition of additional sanctions would be an added deterrent in preventing public corruption.

(B) Dates for submission.—

(i) Initial report.—The Secretary of State shall submit the initial report under subparagraph (A) not later than 120 days after the date of the enactment of this Act.

(ii) Subsequent reports.—The Secretary of State shall submit a subsequent report under subparagraph (A) on December 10, or the first day thereafter on which both Houses of Congress are in session, of—

(I) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and

(II) each calendar year thereafter.

(C) Form of report.—

(i) In general.—Each report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(ii) Exception.—The name of a foreign person to be included in the list required by subparagraph (A)(i) may be submitted in the classified annex authorized by clause (i) only if the Secretary of State—

(I) determines that it is vital for the national security interests of the United States to do so; and

(II) uses the annex in a manner consistent with congressional intent and the purposes of this subsection.

(D) Public availability.—

(i) In general.—The unclassified portion of the report required by subparagraph (A) shall be made available to the public, including through publication in the Federal Register.

(ii) Nonapplicability of confidentiality requirement with respect to visa records.—The Secretary of State shall publish the list required by subparagraph (A)(i) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.

(E) Appropriate congressional committees defined.— In this paragraph, the term “appropriate congressional committees” means—

(i) the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and

(ii) the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.

(4) Sunset.—

(A) In general.—The authority to impose sanctions under paragraph (2) and the requirements to submit reports under paragraph (3) shall terminate on the date that is 6 years after the date of enactment of this Act.

(B) Continuation in effect of sanctions.—Sanctions imposed under paragraph (2) on or before the date specified in subparagraph (A), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of paragraph (2)(D).

(5) Definitions.—In this subsection:

(A) Entity.—The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.

(B) Foreign person.—The term “foreign person” means a person that is not a United States person.

(C) United states person.—The term “United States person” means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.

(D) Person.—The term “person” means an individual or entity.

(E) Public corruption.—The term “public corruption” means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

(b) Justice for Victims of Kleptocracy.—

(1) Forfeited property.—

(A) In general.—Chapter 46 of title 18, United States Code, is amended by adding at the end the following: “Sec. 988. Accounting of certain forfeited property

“(a) Accounting.—The Attorney General shall make available to the public an accounting of any property relating to foreign government corruption that is forfeited to the United States under section 981 or 982.

“(b) Format.—The accounting described under subsection (a) shall be published on the website of the Department of Justice in a format that includes the following:

“(1) A heading as follows: ‘Assets stolen from the people of ______ and recovered by the United States’, the blank space being filled with the name of the foreign government that is the target of corruption.

“(2) The total amount recovered by the United States on behalf of the foreign people that is the target of corruption at the time when such recovered funds are deposited into the Department of Justice Asset Forfeiture Fund or the Department of the Treasury Forfeiture Fund.

“(c) Updated Website.—The Attorney General shall update the website of the Department of Justice to include an accounting of any new property relating to foreign government corruption that has been forfeited to the United States under section 981 or 982 not later than 14 days after such forfeiture, unless such update would compromise an ongoing law enforcement investigation.”.

(B) Clerical amendment.—The table of sections for chapter 46 of title 18, United States Code, is amended by adding at the end the following:

“988. Accounting of certain forfeited property.”.

(2) Sense of congress.—It is the sense of Congress that recovered assets be returned for the benefit of the people harmed by the corruption under conditions that reasonably ensure the transparent and effective use, administration and monitoring of returned proceeds.

SEC. 5911. FEDRAMP AUTHORIZATION ACT.

(a) Short Title.—This section may be cited as the “FedRAMP Authorization Act”.

(b) Amendment.—Chapter 36 of title 44, United States Code, is amended by adding at the end the following: “Sec. 3607. Definitions

“(a) In General.—Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to this section through section 3616.

“(b) Additional Definitions.—In this section through section 3616:

“(1) Administrator.—The term ‘Administrator’ means the Administrator of General Services.

“(2) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.

“(3) Authorization to operate; federal information.—The terms ‘authorization to operate’ and ‘Federal information’ have the meaning given those term in Circular A-130 of the Office of Management and Budget entitled ‘Managing Information as a Strategic Resource’, or any successor document.

“(4) Cloud computing.—The term ‘cloud computing’ has the meaning given the term in Special Publication 800-145 of the National Institute of Standards and Technology, or any successor document.

“(5) Cloud service provider.—The term ‘cloud service provider’ means an entity offering cloud computing products or services to agencies.

“(6) FedRAMP.—The term ‘FedRAMP’ means the Federal Risk and Authorization Management Program established under section 3608.

“(7) FedRAMP authorization.—The term ‘FedRAMP authorization’ means a certification that a cloud computing product or service has—

“(A) completed a FedRAMP authorization process, as determined by the Administrator; or

“(B) received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board.

“(8) Fedramp authorization package.—The term ‘FedRAMP authorization package’ means the essential information that can be used by an agency to determine whether to authorize the operation of an information system or the use of a designated set of common controls for all cloud computing products and services authorized by FedRAMP.

“(9) FedRAMP board.—The term ‘FedRAMP Board’ means the board established under section 3610.

“(10) Independent assessment service.—The term ‘independent assessment service’ means a third-party organization accredited by the Administrator to undertake conformity assessments of cloud service providers and the products or services of cloud service providers.

“(11) Secretary.—The term ‘Secretary’ means the Secretary of Homeland Security. “Sec. 3608. Federal Risk and Authorization Management Program “There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator, subject to section 3614, shall establish a Government- wide program that provides a standardized, reusable approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies. “Sec. 3609. Roles and responsibilities of the General Services Administration

“(a) Roles and Responsibilities.—The Administrator shall—

“(1) in consultation with the Secretary, develop, coordinate, and implement a process to support agency review, reuse, and standardization, where appropriate, of security assessments of cloud computing products and services, including, as appropriate, oversight of continuous monitoring of cloud computing products and services, pursuant to guidance issued by the Director pursuant to section 3614;

“(2) establish processes and identify criteria consistent with guidance issued by the Director under section 3614 to make a cloud computing product or service eligible for a FedRAMP authorization and validate whether a cloud computing product or service has a FedRAMP authorization;

“(3) develop and publish templates, best practices, technical assistance, and other materials to support the authorization of cloud computing products and services and increase the speed, effectiveness, and transparency of the authorization process, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology and relevant statutes;

“(4) establish and update guidance on the boundaries of FedRAMP authorization packages to enhance the security and protection of Federal information and promote transparency for agencies and users as to which services are included in the scope of a FedRAMP authorization;

“(5) grant FedRAMP authorizations to cloud computing products and services consistent with the guidance and direction of the FedRAMP Board;

“(6) establish and maintain a public comment process for proposed guidance and other FedRAMP directives that may have a direct impact on cloud service providers and agencies before the issuance of such guidance or other FedRAMP directives;

“(7) coordinate with the FedRAMP Board, the Director of the Cybersecurity and Infrastructure Security Agency, and other entities identified by the Administrator, with the concurrence of the Director and the Secretary, to establish and regularly update a framework for continuous monitoring under section 3553;

“(8) provide a secure mechanism for storing and sharing necessary data, including FedRAMP authorization packages, to enable better reuse of such packages across agencies, including making available any information and data necessary for agencies to fulfill the requirements of section 3613;

“(9) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during an assessment process;

“(10) regularly review, in consultation with the FedRAMP Board—

“(A) the costs associated with the independent assessment services described in section 3611; and

“(B) the information relating to foreign interests submitted pursuant to section 3612;

“(11) in coordination with the Director of the National Institute of Standards and Technology, the Director, the Secretary, and other stakeholders, as appropriate, determine the sufficiency of underlying standards and requirements to identify and assess the provenance of the software in cloud services and products;

“(12) support the Federal Secure Cloud Advisory Committee established pursuant to section 3616; and

“(13) take such other actions as the Administrator may determine necessary to carry out FedRAMP.

“(b) Website.—

“(1) In general.—The Administrator shall maintain a public website to serve as the authoritative repository for FedRAMP, including the timely publication and updates for all relevant information, guidance, determinations, and other materials required under subsection (a).

“(2) Criteria and process for fedramp authorization priorities.—The Administrator shall develop and make publicly available on the website described in paragraph (1) the criteria and process for prioritizing and selecting cloud computing products and services that will receive a FedRAMP authorization, in consultation with the FedRAMP Board and the Chief Information Officers Council.

“(c) Evaluation of Automation Procedures.—

“(1) In general.—The Administrator, in coordination with the Secretary, shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations, including continuous monitoring of cloud computing products and services.

“(2) Means for automation.—Not later than 1 year after the date of enactment of this section, and updated regularly thereafter, the Administrator shall establish a means for the automation of security assessments and reviews.

“(d) Metrics for Authorization.—The Administrator shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden. “Sec. 3610. FedRAMP Board

“(a) Establishment.—There is established a FedRAMP Board to provide input and recommendations to the Administrator regarding the requirements and guidelines for, and the prioritization of, security assessments of cloud computing products and services.

“(b) Membership.—The FedRAMP Board shall consist of not more than 7 senior officials or experts from agencies appointed by the Director, in consultation with the Administrator, from each of the following:

“(1) The Department of Defense.

“(2) The Department of Homeland Security.

“(3) The General Services Administration.

“(4) Such other agencies as determined by the Director, in consultation with the Administrator.

“(c) Qualifications.—Members of the FedRAMP Board appointed under subsection (b) shall have technical expertise in domains relevant to FedRAMP, such as—

“(1) cloud computing;

“(2) cybersecurity;

“(3) privacy;

“(4) risk management; and

“(5) other competencies identified by the Director to support the secure authorization of cloud services and products.

“(d) Duties.—The FedRAMP Board shall—

“(1) in consultation with the Administrator, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization;

“(2) establish and regularly update requirements and guidelines for security authorizations of cloud computing products and services, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology, to be used in the determination of FedRAMP authorizations;

“(3) monitor and oversee, to the greatest extent practicable, the processes and procedures by which agencies determine and validate requirements for a FedRAMP authorization, including periodic review of the agency determinations described in section 3613(b);

“(4) ensure consistency and transparency between agencies and cloud service providers in a manner that minimizes confusion and engenders trust; and

“(5) perform such other roles and responsibilities as the Director may assign, with concurrence from the Administrator.

“(e) Determinations of Demand for Cloud Computing Products and Services.—The FedRAMP Board may consult with the Chief Information Officers Council to establish a process, which may be made available on the website maintained under section 3609(b), for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP authorization. “Sec. 3611. Independent assessment “The Administrator may determine whether FedRAMP may use an independent assessment service to analyze, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers during the course of a determination of whether to use a cloud computing product or service. “Sec. 3612. Declaration of foreign interests

“(a) In General.—An independent assessment service that performs services described in section 3611 shall annually submit to the Administrator information relating to any foreign interest, foreign influence, or foreign control of the independent assessment service.

“(b) Updates.—Not later than 48 hours after there is a change in foreign ownership or control of an independent assessment service that performs services described in section 3611, the independent assessment service shall submit to the Administrator an update to the information submitted under subsection (a).

“(c) Certification.—The Administrator may require a representative of an independent assessment service to certify the accuracy and completeness of any information submitted under this section. “Sec. 3613. Roles and responsibilities of agencies

“(a) In General.—In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3614—

“(1) promote the use of cloud computing products and services that meet FedRAMP security requirements and other risk-based performance requirements as determined by the Director, in consultation with the Secretary;

“(2) confirm whether there is a FedRAMP authorization in the secure mechanism provided under section 3609(a)(8) before beginning the process of granting a FedRAMP authorization for a cloud computing product or service;

“(3) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization, use the existing assessments of security controls and materials within any FedRAMP authorization package for that cloud computing product or service; and

“(4) provide to the Director data and information required by the Director pursuant to section 3614 to determine how agencies are meeting metrics established by the Administrator.

“(b) Attestation.—Upon completing an assessment or authorization activity with respect to a particular cloud computing product or service, if an agency determines that the information and data the agency has reviewed under paragraph (2) or (3) of subsection (a) is wholly or substantially deficient for the purposes of performing an authorization of the cloud computing product or service, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination.

“(c) Submission of Authorizations to Operate Required.—Upon issuance of an agency authorization to operate based on a FedRAMP authorization, the head of the agency shall provide a copy of its authorization to operate letter and any supplementary information required pursuant to section 3609(a) to the Administrator.

“(d) Submission of Policies Required.—Not later than 180 days after the date on which the Director issues guidance in accordance with section 3614(1), the head of each agency, acting through the chief information officer of the agency, shall submit to the Director all agency policies relating to the authorization of cloud computing products and services.

“(e) Presumption of Adequacy.—

“(1) In general.—The assessment of security controls and materials within the authorization package for a FedRAMP authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services.

“(2) Information security requirements.—The presumption under paragraph (1) does not modify or alter—

“(A) the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing product or service used by the agency; or

“(B) the authority of the head of any agency to make a determination that there is a demonstrable need for additional security requirements beyond the security requirements included in a FedRAMP authorization for a particular control implementation. “Sec. 3614. Roles and responsibilities of the Office of Management and Budget “The Director shall—

“(1) in consultation with the Administrator and the Secretary, issue guidance that—

“(A) specifies the categories or characteristics of cloud computing products and services that are within the scope of FedRAMP;

“(B) includes requirements for agencies to obtain a FedRAMP authorization when operating a cloud computing product or service described in subparagraph

(A) as a Federal information system; and

“(C) encompasses, to the greatest extent practicable, all necessary and appropriate cloud computing products and services;

“(2) issue guidance describing additional responsibilities of FedRAMP and the FedRAMP Board to accelerate the adoption of secure cloud computing products and services by the Federal Government;

“(3) in consultation with the Administrator, establish a process to periodically review FedRAMP authorization packages to support the secure authorization and reuse of secure cloud products and services;

“(4) oversee the effectiveness of FedRAMP and the FedRAMP Board, including the compliance by the FedRAMP Board with the duties described in section 3610(d); and

“(5) to the greatest extent practicable, encourage and promote consistency of the assessment, authorization, adoption, and use of secure cloud computing products and services within and across agencies. “Sec. 3615. Reports to Congress; GAO report

“(a) Reports to Congress.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Director shall submit to the appropriate congressional committees a report that includes the following:

“(1) During the preceding year, the status, efficiency, and effectiveness of the General Services Administration under section 3609 and agencies under section 3613 and in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for secure cloud computing products and services.

“(2) Progress towards meeting the metrics required under section 3609(d).

“(3) Data on FedRAMP authorizations.

“(4) The average length of time to issue FedRAMP authorizations.

“(5) The number of FedRAMP authorizations submitted, issued, and denied for the preceding year.

“(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting under this section.

“(7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director under section 3614.

“(8) A review of FedRAMP measures to ensure the security of data stored or processed by cloud service providers, which may include—

“(A) geolocation restrictions for provided products or services;

“(B) disclosures of foreign elements of supply chains of acquired products or services;

“(C) continued disclosures of ownership of cloud service providers by foreign entities; and

“(D) encryption for data processed, stored, or transmitted by cloud service providers.

“(b) GAO Report.—Not later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall report to the appropriate congressional committees an assessment of the following:

“(1) The costs incurred by agencies and cloud service providers relating to the issuance of FedRAMP authorizations.

“(2) The extent to which agencies have processes in place to continuously monitor the implementation of cloud computing products and services operating as Federal information systems.

“(3) How often and for which categories of products and services agencies use FedRAMP authorizations.

“(4) The unique costs and potential burdens incurred by cloud computing companies that are small business concerns (as defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a)) as a part of the FedRAMP authorization process. “Sec. 3616. Federal Secure Cloud Advisory Committee

“(a) Establishment, Purposes, and Duties.—

“(1) Establishment.—There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the ‘Committee’) to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities.

“(2) Purposes.—The purposes of the Committee are the following:

“(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following:

“(i) Measures to increase agency reuse of FedRAMP authorizations.

“(ii) Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers.

“(iii) Measures to increase the number of FedRAMP authorizations for cloud computing products and services offered by small businesses concerns (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

“(iv) Proposed actions that can be adopted to reduce the burden and cost of FedRAMP authorizations for agencies.

“(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements.

“(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community.

“(3) Duties.—The duties of the Committee include providing advice and recommendations to the Administrator, the FedRAMP Board, and agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services.

“(b) Members.—

“(1) Composition.—The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Director, as follows:

“(A) The Administrator or the Administrator’s designee, who shall be the Chair of the Committee.

“(B) At least 1 representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology.

“(C) At least 2 officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.

“(D) At least 1 official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.

“(E) At least 1 individual representing an independent assessment service.

“(F) At least 5 representatives from unique businesses that primarily provide cloud computing services or products, including at least 2 representatives from a small business concern (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))).

“(G) At least 2 other representatives of the Federal Government as the Administrator determines necessary to provide sufficient balance, insights, or expertise to the Committee.

“(2) Deadline for appointment.—Each member of the Committee shall be appointed not later than 90 days after the date of enactment of this section.

“(3) Period of appointment; vacancies.—

“(A) In general.—Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms.

“(B) Vacancies.—Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office.

“(c) Meetings and Rules of Procedures.—

“(1) Meetings.—The Committee shall hold not fewer than 3 meetings in a calendar year, at such time and place as determined by the Chair.

“(2) Initial meeting.—Not later than 120 days after the date of enactment of this section, the Committee shall meet and begin the operations of the Committee.

“(3) Rules of procedure.—The Committee may establish rules for the conduct of the business of the Committee if such rules are not inconsistent with this section or other applicable law.

“(d) Employee Status.—

“(1) In general.—A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses.

“(2) Pay not permitted.—A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee.

“(e) Applicability to the Federal Advisory Committee Act.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.

“(f) Detail of Employees.—Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

“(g) Postal Services.—The Committee may use the United States mails in the same manner and under the same conditions as agencies.

“(h) Reports.—

“(1) Interim reports.—The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee.

“(2) Annual reports.—Not later than 540 days after the date of enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a report containing such findings, conclusions, and recommendations as have been agreed to by the Committee.”.

(c) Technical and Conforming Amendment.—The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items:

“3607. Definitions. “3608. Federal Risk and Authorization Management Program. “3609. Roles and responsibilities of the General Services Administration. “3610. FedRAMP Board. “3611. Independent assessment. “3612. Declaration of foreign interests. “3613. Roles and responsibilities of agencies. “3614. Roles and responsibilities of the Office of Management and Budget. “3615. Reports to Congress; GAO report. “3616. Federal Secure Cloud Advisory Committee.”.

(d) Sunset.—

(1) In general.—Effective on the date that is 5 years after the date of enactment of this Act, chapter 36 of title 44, United States Code, is amended by striking sections 3607 through 3616.

(2) Conforming amendment.—Effective on the date that is 5 years after the date of enactment of this Act, the table of sections for chapter 36 of title 44, United States Code, is amended by striking the items relating to sections 3607 through 3616.

(e) Rule of Construction.—Nothing in this section or any amendment made by this section shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code.

SEC. 5912. AMENDMENT.

Section 1115 of title 31, United States Code, is amended—

(1) by amending subsection (b)(5) to read as follows:

“(5) provide a description of how the performance goals are to be achieved, including—

“(A) the human capital, training, data and evidence, information technology, and skill sets required to meet the performance goals;

“(B) the technology modernization investments, system upgrades, staff technology skills and expertise, stakeholder input and feedback, and other resources and strategies needed and required to meet the performance goals;

“(C) clearly defined milestones;

“(D) an identification of the organizations, program activities, regulations, policies, operational processes, and other activities that contribute to each performance goal, both within and external to the agency;

“(E) a description of how the agency is working with other agencies and the organizations identified in subparagraph (D) to measure and achieve its performance goals as well as relevant Federal Government performance goals; and

“(F) an identification of the agency officials responsible for the achievement of each performance goal, who shall be known as goal leaders;”; and

(2) by amending subsection (g) to read as follows:

“(g) Preparation of Performance Plan.—The Performance Improvement Officer of each agency (or the functional equivalent) shall collaborate with the Chief Human Capital Officer (or the functional equivalent), the Chief Information Officer (or the functional equivalent), the Chief Data Officer (or the functional equivalent), and the Chief Financial Officer (or the functional equivalent) of that agency to prepare that portion of the annual performance plan described under subsection

(b)(5) for that agency.”.

SEC. 5913. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES.

The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended—

(1) in section 211 (34 U.S.C. 20301)—

(A) in paragraph (1)—

(i) by striking “3,300,000” and inserting “3,400,000”; and

(ii) by striking “, and drug abuse is associated with a significant portion of these”;

(B) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively;

(C) by inserting afer paragraph (2) the following:

“(3) a key to a child victim healing from abuse is access to supportive and healthy families and communities;”; and

(D) in paragraph (9)(B), as so redesignated, by inserting “, and operations of centers” before the period at the end;

(2) in section 212 (34 U.S.C. 20302)—

(A) in paragraph (5), by inserting “coordinated team” before “response”; and

(B) in paragraph (8), by inserting “organizational capacity” before “support”;

(3) in section 213 (34 U.S.C. 20303)—

(A) in subsection (a)—

(i) in the heading, by inserting “and Maintenance” after “Establishment”;

(ii) in the matter preceding paragraph

(1)—

(I) by striking “, in coordination with the Director of the Office of Victims of Crime,”; and

(II) by inserting “and maintain” after “establish”;

(iii) in paragraph (3)—

(I) by striking “and victim advocates” and inserting “victim advocates, multidisciplinary team leadership, and children’s advocacy center staff”; and

(II) by striking “and” at the end;

(iv) by redesignating paragraph (4) as paragraph (5);

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

“(4) provide technical assistance, training, coordination, and organizational capacity support for State chapters; and”; and

(vi) in paragraph (5), as so redesignated, by striking “and oversight to” and inserting “organizational capacity support, and oversight of”;

(B) in subsection (b)—

(i) in paragraph (1)—

(I) in subparagraph (A), by inserting “and maintain” after “establish”; and

(II) in the matter following subparagraph (B), by striking “and technical assistance to aid communities in establishing” and inserting “training and technical assistance to aid communities in establishing and maintaining”; and

(ii) in paragraph (2)—

(I) in subparagraph (A)— (aa) in clause (ii), by inserting “Center” after “Advocacy”; and (bb) in clause (iii), by striking “of, assessment of, and intervention in” and inserting “and intervention in child”; and

(II) in subparagraph (B), by striking “centers and interested communities” and inserting “centers, interested communities, and chapters”; and

(C) in subsection (c)—

(i) in paragraph (2)—

(I) in subparagraph (B), by striking “evaluation, intervention, evidence gathering, and counseling” and inserting “investigation and intervention in child abuse”; and

(II) in subparagraph (E), by striking “judicial handling of child abuse and neglect” and inserting “multidisciplinary response to child abuse”;

(ii) in paragraph (3)(A)(i), by striking “so that communities can establish multidisciplinary programs that respond to child abuse” and inserting “and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children’s advocacy centers in their State”;

(iii) in paragraph (4)(B)—

(I) in clause (iii), by striking “and” at the end;

(II) in by redesignating clause

(iv) as clause (v); and

(III) by inserting after clause

(iii) the following:

“(iv) best result in supporting chapters in each State; and”; and

(iv) in paragraph (6), by inserting “under this Act” after “recipients”;

(4) in section 214 (34 U.S.C. 20304)—

(A) by striking subsection (a) and inserting the following:

“(a) In General.—The Administrator shall make grants to—

“(1) establish and maintain a network of care for child abuse victims where investigation, prosecutions, and interventions are continually occurring and coordinating activities within local children’s advocacy centers and multidisciplinary teams;

“(2) develop, enhance, and coordinate multidisciplinary child abuse investigations, intervention, and prosecution activities;

“(3) promote the effective delivery of the evidence-based, trauma-informed Children’s Advocacy Center Model and the multidisciplinary response to child abuse; and

“(4) develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children’s advocacy center organizational capacity and operations in order to meet such practice standards and best practices.”;

(B) in subsection (b), by striking “, in coordination with the Director of the Office of Victims of Crime,”;

(C) in subsection (c)(2)—

(i) in subparagraph (C), by inserting “to the greatest extent practicable, but in no case later than 72 hours,” after “hours”; and

(ii) by striking subparagraphs (D) through

(I) and inserting the following:

“(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse.

“(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services.

“(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children’s advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services.

“(G) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim.

“(H) Designation of a director for the children’s advocacy center.

“(I) Designation of a multidisciplinary team coordinator.

“(J) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child’s family, throughout each step of intervention and judicial proceedings.

“(K) Coordination with State chapters to assist and provide oversight, and organizational capacity that supports local children’s advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.

“(L) Such other criteria as the Administrator shall establish by regulation.”; and

(D) by striking subsection (f) and inserting the following:

“(f) Grants to State Chapters for Assistance to Local Children’s Advocacy Centers.—In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence- informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.”;

(5) in section 214A (34 U.S.C. 20305)—

(A) in subsection (a)—

(i) in paragraph (1), by striking “attorneys and other allied” and inserting “prosecutors and other attorneys and allied”; and

(ii) in paragraph (2)(B), by inserting “Center” after “Advocacy”; and

(B) in subsection (b)(1), by striking subparagraph

(A) and inserting the following:

“(A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and”; and

(6) by striking section 214B (34 U.S.C. 20306) and inserting the following:

“SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated to carry out sections 213, 214, and 214A, $40,000,000 for each of fiscal years 2023 through 2029.”.

SEC. 5914. REPORT ON HUMANITARIAN SITUATION AND FOOD SECURITY IN LEBANON.

(a) Report Required.—Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and the Secretary of Defense and in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report that contains an evaluation of the humanitarian situation in Lebanon, as well as the impact of the deficit of wheat imports due to Russia’s further invasion of Ukraine, initiated on February 24, 2022.

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

(1) The projected increase in malnutrition in Lebanon.

(2) The estimated increase in the number of food insecure individuals in Lebanon.

(3) The estimated number of individuals who will be faced with acute malnutrition due to food price inflation in Lebanon.

(4) Actions the United States Government is taking to address the aforementioned impacts.

(5) Any cooperation between the United States Government with allies and partners to address the aforementioned impacts.

(6) The potential impact of food insecurity on Department of Defense goals and objectives in Lebanon.

(c) Appropriate Congressional Committees.—In this section, the term “appropriate congressional committees” means—

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

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

SEC. 5915. DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN NATIONAL MEMORIAL.

(a) Designation.—The Healing Garden located at 6900 Delta Drive, El Paso, Texas, is designated as the “El Paso Community Healing Garden National Memorial”.

(b) Effect of Designation.—The national memorial designated by this section is not a unit of the National Park System and the designation of the El Paso Community Healing Garden National Memorial shall not require or authorize Federal funds to be expended for any purpose related to that national memorial.

SEC. 5916. ADMINISTRATOR OF GENERAL SERVICES STUDY ON COUNTERFEIT ITEMS ON E-COMMERCE PLATFORMS OF THE GENERAL SERVICES ADMINISTRATION.

The Administrator of General Services shall—

(1) conduct a study that tracks the number of counterfeit items on e-commerce platforms of the General Services Administration annually to ensure that the products being advertised are from legitimate vendors; and

(2) submit an annual report on the findings of such study to the Committees on Armed Services, Oversight and Reform, Small Business, and Homeland Security of the House of Representatives.

SEC. 5917. REPORT ON REMOVAL OF SERVICE MEMBERS.

(a) Report Required.—Not later than 120 days after the date of the enactment of this Act and monthly thereafter, the Secretary of Homeland Security, in coordination with the Secretary of Veteran Affairs, the Secretary of Defense, and the Secretary of State shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, the Committees on Veteran Affairs of the House of Representatives and the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report detailing how many noncitizen service members, veterans and immediate family members of service members were removed during the period beginning on January 1, 2010, and ending on the date of the report.

(b) Elements.—The report required by subsection (a) shall include the following for each person removed:

(1) the individual’s name;

(2) the individual’s address;

(3) the individual’s contact information;

(4) any known U.S. citizen family members in the U.S.;

(5) where the individual was removed to; and

(6) the reason for removal.

(c) GAO Report.—Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall update GAO report number-19-416 to identify progress made and further actions needed to better handle, identify, and track cases involving veterans.

(d) Confidentiality.—The report under subsection (a) may not be published and shall be exempt from disclosure under section 552(b)(3)(B) of title 5, United States Code.

SEC. 5918. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN CONTRACTORS OR GRANTEES THAT REQUIRE NONDISPARAGEMENT OR NONDISCLOSURE CLAUSE RELATED TO SEXUAL HARASSMENT AND SEXUAL ASSAULT.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense or any other Federal agency may be obligated or expended for any Federal contract or grant in excess of $1,000,000, awarded after the date of enactment of this Act, unless the contractor or grantee agrees not to—

(1) enter into any agreement with any of its employees or independent contractors that requires the employee or contractor to agree to a nondisparagement or nondisclosure clause related to sexual harassment and sexual assault, as defined under any applicable Federal, State, or Tribal law—

(A) as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship; or

(B) as a term, condition, or privilege of employment; or

(2) take any action to enforce any predispute nondisclosure or nondisparagement provision of an existing agreement with an employee or independent contractor that covers sexual harassment and sexual assault, as defined under any applicable Federal, State, or Tribal law.

SEC. 5919. DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES AUTHORIZATION.

(a) Officer for Civil Rights and Civil Liberties.—

(1) In general.—Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended—

(A) in the section heading, by striking “establishment of”; and

(B) by striking subsections (a) and (b) and inserting the following new subsections:

“(a) Establishment.—

“(1) In general.—There is established within the Department an Office for Civil Rights and Civil Liberties (referred to in this section as the ‘Office’). The head of the Office is the Officer for Civil Rights and Civil Liberties (referred to in this section as the ‘Officer’), who shall report directly to the Secretary.

“(2) Duties.—The Secretary and the head of each component shall—

“(A) ensure that the Officer for Civil Rights and Civil Liberties of the Department and the Officer for Civil Rights and Civil Liberties of such component—

“(i) have the information, materials, and resources necessary to carry out the functions of the Office;

“(ii) are consulted in advance of new or proposed changes to policies, programs, initiatives, and activities impacting civil rights and civil liberties; and

“(iii) are given full and complete access to all materials and personnel necessary to carry out the functions of the Office; and

“(B) consider advice and recommendations from the Officer for Civil Rights and Civil Liberties of the Department in the development and implementation of policies, programs, initiatives, and activities impacting civil rights and civil liberties.

“(b) Responsibilities.—The Officer shall carry out the following responsibilities:

“(1) Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the policies, programs, initiatives, and activities of the Department.

“(2) Review and assess information concerning abuses of civil rights and civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department.

“(3) Integrate civil rights and civil liberties protections into all policies, programs, initiatives, and activities of the Department.

“(4) Conduct civil rights and civil liberties impact assessments, as appropriate, including such assessments prior to the implementation of new Department regulations, policies, programs, initiatives, and activities.

“(5) Conduct periodic reviews and assessments of policies, programs, initiatives, and activities of the Department relating to civil rights and civil liberties, including reviews and assessments initiated by the Officer.

“(6) Provide policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the Secretary, and the heads of components, and other personnel within the Department.

“(7) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General.

“(8) Initiate reviews, investigations, and assessments of the administration of the policies, programs, initiatives, and activities of the Department relating to civil rights and civil liberties.

“(9) Coordinate with the Privacy Officer to ensure that—

“(A) policies, programs, initiatives, and activities involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and

“(B) Congress receives appropriate reports regarding such policies, programs, initiatives, and activities.

“(10) Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of the merit system principles.

“(11) Make publicly available through accessible communications channels, including the website of the Department—

“(A) information on the responsibilities and functions of, and how to contact, the Office;

“(B) summaries of the investigations carried out pursuant to paragraphs (7) and (8) that result in recommendations; and

“(C) summaries of impact assessments and periodic reviews and assessments carried out pursuant to paragraphs (4) and (5), respectively, that are issued by the Officer.

“(12) Engage with individuals, stakeholders, and communities the civil rights and civil liberties of which may be affected by the policies, programs, initiatives, and activities of the Department, including by—

“(A) informing such individuals, stakeholders, and communities concerning such policies, programs, initiatives, and activities;

“(B) providing information for how to report and access redress processes; and

“(C) providing Department leadership and other personnel within the Department feedback from such individuals, stakeholders, and communities on the civil rights and civil liberties impacts of such policies, programs, initiatives, and activities, and working with State, local, Tribal, and territorial homeland security partners to enhance the Department’s policymaking and program implementation.

“(13) Lead a language access program for the Department to ensure the Department effectively communicates with all individuals impacted by programs and activities of the Department, including those with limited English proficiency.

“(14) Participate in the hiring or designation of a civil rights and civil liberties officer within each component and participate in the performance review process for such officer.

“(c) Authority to Investigate.—

“(1) In general.—For the purposes of subsection (b), the Officer shall—

“(A) have access to all materials and personnel necessary to carry out the functions of the Office under this subsection;

“(B) make such investigations and reports relating to the administration of the programs and operations of the Department as are necessary or appropriate; and

“(C) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the Officer under this section.

“(2) Effect of oaths.—Any oath, affirmation, or affidavit administered or taken pursuant to paragraph (1)(C) by or before an employee of the Office designated for that purpose by the Officer shall have the same force and effect as if administered or taken by or before an officer having a seal of office.

“(d) Notification Requirement.—In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (7) of subsection (b), the Officer shall—

“(1) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and

“(2) inform the complainant of the determination of the Office regarding—

“(A) the initiation of a review, assessment, or investigation by the Office;

“(B) a referral to the Inspector General of the Department; or

“(C) any other action taken.

“(e) Coordination With Inspector General.—

“(1) In general.—

“(A) Referral.—Before initiating an investigation initiated by the Officer pursuant to paragraph (7) or

(8) of subsection (b), the Officer shall refer the matter at issue to the Inspector General of the Department.

“(B) Determinations and notifications by inspector general.—Not later than seven days after the receipt of a matter at issue under subparagraph (A), the Inspector General shall—

“(i) make a determination regarding whether the Inspector General intends to initiate an investigation of such matter; and

“(ii) notify the Officer of such determination.

“(C) Investigations.—If the Secretary determines that a complaint warrants both the Officer and the Inspector General conducting investigations concurrently, jointly, or in some other manner, the Secretary may authorize the Officer to conduct an investigation in such manner as the Secretary directs.

“(D) Notification by the officer.—If the Officer does not receive notification of a determination pursuant to subparagraph (B)(ii), the Officer shall notify the Inspector General of whether the Officer intends to initiate an investigation into the matter at issue.

“(f) Recommendations; Response.—

“(1) In general.—In the case of an investigation initiated by the Officer pursuant to paragraph (7) or (8) of subsection (b), if such an investigation results in the issuance of recommendations,the Officer shall produce a report that—

“(A) includes the final findings and recommendations of the Officer;

“(B) is made publicly available in summary form;

“(C) does not include any personally identifiable information; and

“(D) may include a classified annex.

“(2) Transmission.—The Officer shall transmit to the Secretary and the head of the relevant component a copy of each report under paragraph (1).

“(3) Response.—

“(A) In general.—Not later than 45 days after the date on which the Officer transmits to the head of a component a copy of a report pursuant to paragraph (2), such head shall submit to the Secretary and the Officer a response to such report.

“(B) Rule of construction.—In the response submitted pursuant to subparagraph (A), each recommendation contained in the report transmitted pursuant to paragraph (2) with which the head of the component at issue concurs shall be deemed an accepted recommendation of the Department.

“(C) Nonconcurrence; appeal.—If the head of a component does not concur with a recommendation contained in the report transmitted pursuant to paragraph (2), or if such head does not respond to a recommendation within 45 days in accordance with subparagraph (A), the Officer may appeal to the Secretary.

“(D) Result.—If the Officer appeals to the Secretary pursuant to subparagraph (C), the Secretary shall, not later than 60 days after the date on which the Officer appeals—

“(i) accept the Officer’s recommendation, which recommendation shall be deemed the accepted recommendation of the Department; or

“(ii) accept the nonconcurrence of the head of the component at issue if transmitted in accordance with subparagraph (A).

“(g) Reporting.—

“(1) In general.—In the case of an investigation initiated by the Officer pursuant to paragraph (7) or (8) of subsection (b), if such an investigation resulted in the issuance of recommendations, the Officer shall, on an annual basis, make publicly available through accessible communications channels, including the website of the Department—

“(A) a summary of investigations that are completed, consistent with section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(2));

“(B) the accepted recommendations of the Department, if any; and

“(C) a summary of investigations that result in final recommendations that are issued by the Officer.

“(2) Prohibition.—Materials made publicly available pursuant to paragraph (1) may not include any personally identifiable information related to any individual involved in the investigation at issue.

“(h) Component Civil Rights and Civil Liberties Officers.—

“(1) In general.—Any component that has an Officer for Civil Rights and Civil Liberties of such component shall ensure that such Officer for Civil Rights and Civil Liberties of such component shall coordinate with and provide information to the Officer for Civil Rights and Civil Liberties of the Department on matters related to civil rights and civil liberties within each such component.

“(2) Officers of operational components.—The head of each operational component, in consultation with the Officer for Civil Rights and Civil Liberties of the Department, shall hire or designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of such operational component.

“(3) Responsibilities.—Each Officer for Civil Rights and Civil Liberties of each component—

“(A) shall have access in a timely manner to the information, materials, and information necessary to carry out the functions of such officer;

“(B) shall be consulted in advance of new or proposed changes to component policies, programs, initiatives, and activities impacting civil rights and civil liberties;

“(C) shall be given full and complete access to all component materials and component personnel necessary to carry out the functions of such officer;

“(D) may, to the extent the Officer for Civil Rights and Civil Liberties of the Department determines necessary, and subject to the approval of the Secretary, administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the responsibilities of each such component Officer under this section; and

“(E) may administer any oath, affirmation, or affidavit, and such oath, affirmation, shall have the same force and effect as if administered or taken by or before an officer having a seal of office.

“(i) Annual Report.—Not later than March 31 of each year, the Officer 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 any other Committee of the House of Representatives or the Senate, as the case may be, the Officer determines relevant, a report on the implementation of this section during the immediately preceding fiscal year. Each such annual report shall be prepared and submitted for supervisory review and appropriate comment or amendment by the Secretary prior to submission to such committees, and the Officer shall consider and incorporate any comments or amendments as a result of such review. Each such report shall include, for the year covered by such report, the following:

“(1) A list of Department regulations, policies, programs, initiatives, and activities for which civil rights and civil liberties impact assessments were conducted, or policy advice, recommendations, or other technical assistance was provided.

“(2) An assessment of the efforts of the Department to effectively communicate with all individuals impacted by programs and activities of the Department, including those with limited English proficiency through the language access program referred to in subsection (b)(13).

“(3) A summary of investigations under paragraph (7) or

(8) of subsection (b) resulting in recommendations issued pursuant to subsection (f), together with information on the status of the implementation of such recommendations by the component at issue.

“(4) Information on the diversity and equal employment opportunity activities of the Department, including information on complaint management and adjudication of equal employment opportunity complaints, and efforts to ensure compliance throughout the Department with equal employment opportunity requirements.

“(5) A description of any efforts, including public meetings, to engage with individuals, stakeholders, and communities the civil rights and civil liberties of which may be affected by policies, programs, initiatives, and activities of the Department.

“(6) Information on total staffing for the Office, including—

“(A) the number of full-time, part-time, and contract support personnel; and

“(B) information on the number of employees whose primary responsibilities include supporting the Officer in carrying out paragraph (10) of subsection (b).

“(7) If required, a classified annex.

“(j) Definition.—In this section, the term ‘component’ means any operational component, non-operational component, directorate, or office of the Department.”.

(2) Clerical amendment.—The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows:

“Sec. 705. Officer for Civil Rights and Civil Liberties”.

(3) Reporting to congress.—Section 1062(f)(1)(A)(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)(A)(i)) is amended by striking “the Committee on Oversight and Government Reform of the House of Representatives” and inserting “the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives”.

(b) Comptroller General Review.—Not later than two years after the date of the enactment of this section, the Comptroller General of the United States shall submit to Congress a report on the implementation of subsection (b)(12) of section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345), as amended by subsection (a).

SEC. 5920. MODIFICATION TO PEACEKEEPING OPERATIONS REPORT.

Section 6502 of the National Defense Authorization Act for Fiscal Year 2022 (135 Stat. 2422) is amended—

(1) in subsection (a)—

(A) by amendment paragraph (4) to read as follows:

“(4) As applicable, description of specific training on monitoring and adhering to international human rights and humanitarian law provided to the foreign country or entity receiving the assistance.”; and

(B) by striking paragraphs (7) and (8);

(2) in subsection (b)—

(A) by amending the heading to read as follows: “Reports”; and

(B) in paragraph (1), in the matter preceding subparagraph (A)—

(i) by inserting “authorized under section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348) and” after “security assistance”; and

(ii) by striking “foreign countries” and all that follows through the colon and inserting “foreign countries for any of the following purposes:”;

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

(4) by inserting after subsection (b), as amended, the following:

“(c) Coordination of Submission.—The Secretary of State is authorized to integrate the elements of the report required by subsection (b) into other reports required to be submitted annually to the appropriate congressional committees.”.

SEC. 5921. REPORT TO CONGRESS BY SECRETARY OF STATE ON GOVERNMENT- ORDERED INTERNET OR TELECOMMUNICATIONS SHUTDOWNS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report that—

(1) describes incidents, occurring during the 5-year period preceding the date of the submission of the report, of government-ordered internet or telecommunications shutdowns in foreign countries;

(2) analyzes the impact of such shutdowns on global security and the human rights of those affected; and

(3) contains a strategy for engaging with the international community to respond to such shutdowns.

SEC. 5922. SURVIVORS’ BILL OF RIGHTS.

(a) Definition of Covered Formula Grant.—In this section, the term “covered formula grant” means a grant under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”).

(b) Grant Increase.—The Attorney General shall increase the amount of the covered formula grant provided to a State in accordance with this section if the State has in effect a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code.

(c) Application.—A State seeking an increase to a covered formula grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (b).

(d) Period of Increase.—The Attorney General may not provide an increase in the amount of the covered formula grant provided to a State under this section more than 4 times.

SEC. 5923. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO PROMOTE AND PROTECT NATIONAL SECURITY INNOVATION BASE.

(a) Special Immigrant Status.—In accordance with the procedures established under subsection (f)(1), and subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) (and the spouse and each child of the alien if accompanying or following to join the alien) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien—

(1) submits a classification petition under section 204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and

(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for lawful permanent residence.

(b) Aliens Described.—An alien is described in this subsection if—

(1) the alien—

(A) is employed by a United States employer and engaged in work to promote and protect the National Security Innovation Base;

(B) is engaged in basic or applied research, funded by the Department of Defense, through a United States institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or

(C) possesses scientific or technical expertise that will advance the development of critical technologies identified in the National Defense Strategy or the National Defense Science and Technology Strategy, required by section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1679 ); and

(2) the Secretary of Defense issues a written statement to the Secretary of Homeland Security confirming that the admission of the alien is essential to advancing the research, development, testing, or evaluation of critical technologies described in paragraph (1)(C) or otherwise serves national security interests.

(c) Numerical Limitations.—

(1) In general.—The total number of principal aliens who may be provided special immigrant status under this section may not exceed—

(A) 10 in each of fiscal years 2023 through 2032; and

(B) 100 in fiscal year 2033 and each fiscal year thereafter.

(2) Exclusion from numerical limitation.—Aliens provided special immigrant status under this section shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).

(d) Defense Competition for Scientists and Technical Experts.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a process to select, on a competitive basis from among individuals described in subsection

(b), individuals for recommendation to the Secretary of Homeland Security for special immigrant status described in subsection (a).

(e) Authorities.—In carrying out this section, the Secretary of Defense shall authorize appropriate personnel of the Department of Defense to use all personnel and management authorities available to the Department, including the personnel and management authorities provided to the science and technology reinvention laboratories, the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code), and the Defense Advanced Research Projects Agency.

(f) Procedures.—Not later than 360 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly establish policies and procedures implementing the provisions in this section, which shall include procedures for—

(1) processing of petitions for classification submitted under subsection (a)(1) and applications for an immigrant visa or adjustment of status, as applicable; and

(2) thorough processing of any required security clearances.

(g) Fees.—The Secretary of Homeland Security shall establish a fee—

(1) to be charged and collected to process an application filed under this section; and

(2) that is set at a level that will ensure recovery of the full costs of such processing and any additional costs associated with the administration of the fees collected.

(h) Implementation Report Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly submit to the appropriate congressional committees a report that includes—

(1) a plan for implementing the authorities provided under this section; and

(2) identification of any additional authorities that may be required to assist the Secretaries in fully implementing section.

(i) Program Evaluation and Report.—

(1) Evaluation.—The Comptroller General of the United States shall conduct an evaluation of the competitive program and special immigrant program described in subsections (a) through (g).

(2) Report.—Not later than October 1, 2026, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the evaluation conducted under paragraph (1).

(j) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives; and

(B) the Committee on Armed Services and the Committee on the Judiciary of the Senate.

(2) The term “National Security Innovation Base” means the network of persons and organizations, including Federal agencies, institutions of higher education, Federally funded research and development centers, defense industrial base entities, nonprofit organizations, commercial entities, and venture capital firms that are engaged in the military and non- military research, development, funding, and production of innovative technologies that support the national security of the United States.

SEC. 5924. DELAWARE RIVER BASIN CONSERVATION REAUTHORIZATION.

(a) Cost Sharing.—Section 3504(c)(1) of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1775) is amended—

(1) by striking “The Federal share” and inserting the following:

“(A) In general.—Except as provided in subparagraph (B), the Federal share”; and

(2) by adding at the end the following:

“(B) Small, rural, and disadvantaged communities.—

“(i) In general.—Subject to clause (ii), the Federal share of the cost of a project funded under the grant program that serves a small, rural, or disadvantaged community shall be 90 percent of the total cost of the project, as determined by the Secretary.

“(ii) Waiver.—The Secretary may increase the Federal share under clause (i) to 100 percent of the total cost of the project if the Secretary determines that the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.”.

(b) Repeal of Prohibition on Use of Funds for Federal Acquisition of Interests in Land.—Section 3506 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1775) is repealed.

(c) Sunset.—Section 3507 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1775) is amended by striking “2023” and inserting “2030”.

Subtitle B—Rights for the TSA Workforce Act of 2022

SEC. 5931. SHORT TITLE.

This subtitle may be cited as the “Rights for the Transportation Security Administration Workforce Act of 2022” or the “Rights for the TSA Workforce Act of 2022”.

SEC. 5932. DEFINITIONS.

For purposes of this subtitle—

(1) the term “adjusted basic pay” means—

(A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and

(B) any regular, fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes, including any applicable locality payment and any special rate supplement;

(2) the term “Administrator” means the Administrator of the Transportation Security Administration;

(3) the term “appropriate congressional committees” means the Committees on Homeland Security and Oversight and Reform of the House of Representatives and the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate;

(4) the term “at-risk employee” means a Transportation Security Officer, Federal Air Marshal, canine handler, or any other employee of the Transportation Security Administration carrying out duties that require substantial contact with the public during the COVID-19 national emergency;

(5) the term “conversion date” means the date as of which subparagraphs (A) through (F) of section 5933(c)(1) take effect;

(6) the term “covered employee” means an employee who holds a covered position;

(7) the term “covered position” means a position within the Transportation Security Administration;

(8) the term “COVID-19 national emergency” means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus;

(9) the term “employee” has the meaning given such term by section 2105 of title 5, United States Code;

(10) the term “Secretary” means the Secretary of Homeland Security;

(11) the term “TSA personnel management system” means any personnel management system established or modified under—

(A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or

(B) section 114(n) of title 49, United States Code;

(12) the term “TSA” means the Transportation Security Administration; and

(13) the term “2019 Determination” means the publication, entitled “Determination on Transportation Security Officers and Collective Bargaining”, issued on July 13, 2019, by Administrator David P. Pekoske, as modified, or any superseding subsequent determination.

SEC. 5933. CONVERSION OF TSA PERSONNEL.

(a) Restrictions on Certain Personnel Authorities.—

(1) In general.—Notwithstanding any other provision of law, and except as provided in paragraph (2), effective as of the date of the enactment of this Act—

(A) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, letter, guideline, or directive in effect on such day may not be modified;

(B) no TSA personnel management policy, letter, guideline, or directive that was not established before such date issued pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) or section 114(n) of title 49, United States Code, may be established; and

(C) any authority to establish or adjust a human resources management system under chapter 97 of title 5, United States Code, shall terminate with respect to covered employees and covered positions.

(2) Exceptions.—

(A) Pay.—Notwithstanding paragraph (1)(A), the limitation in that paragraph shall not apply to any TSA personnel management policy, letter, guideline, or directive related to annual adjustments to pay schedules and locality-based comparability payments in order to maintain parity with such adjustments authorized under section 5303, 5304, 5304a, and 5318 of title 5, United States Code; and

(B) Additional policy.—Notwithstanding paragraph

(1)(B), new TSA personnel management policy may be issued if—

(i) such policy is needed to resolve a matter not specifically addressed in policy in effect on the date of enactment of this Act; and

(ii) the Secretary provides such policy, with an explanation of its necessity, to the appropriate congressional committees not later than 7 days of issuance.

(C) Emerging threats to transportation security during transition period.—Notwithstanding paragraph

(1), any TSA personnel management policy, letter, guideline, or directive related to an emerging threat to transportation security, including national emergencies or disasters and public health threats to transportation security, may be modified or established until the conversion date. The Secretary shall provide to the appropriate congressional committees any modification or establishment of such a TSA personnel management policy, letter, guideline, or directive, with an explanation of its necessity, not later than 7 days of such modification or establishment.

(b) Personnel Authorities During Transition Period.—Any TSA personnel management system in use for covered employees and covered positions on the day before the date of enactment of this Act and any TSA personnel management policy, letter, guideline, or directive in effect on the day before the date of enactment of this Act shall remain in effect until the conversion date.

(c) Transition to Title 5.—

(1) In general.—Except as provided in paragraph (2), effective as of the date determined by the Secretary, but in no event later than December 31, 2022—

(A) the TSA personnel management system shall cease to be in effect;

(B) section 114(n) of title 49, United States Code, is repealed;

(C) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is repealed;

(D) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective;

(E) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and

(F) covered employees and covered positions shall be subject to the provisions of title 5, United States Code.

(2) Chapters 71 and 77 of title 5.—Not later than 90 days after the date of enactment of this Act—

(A) chapter 71 and chapter 77 of title 5, United States Code, shall apply to covered employees carrying out screening functions pursuant to section 44901 of title 49, United States Code; and

(B) any policy, letter, guideline, or directive issued under section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) related to matters otherwise covered by such chapter 71 or 77 shall cease to be in effect.

(3) Assistance of other agencies.—Not later than 180 days after the date of enactment of this Act or December 31, 2022, whichever is earlier—

(A) the Office of Personnel Management shall establish a position series and classification standard for the positions of Transportation Security Officer, Federal Air Marshal, Transportation Security Inspector, and other positions requested by the Administrator; and

(B) the Department of Agriculture’s National Finance Center shall make necessary changes to its Financial Management Services and Human Resources Management Services to ensure payroll, leave, and other personnel processing systems for TSA personnel are commensurate with chapter 53 of title 5, United States Code, and provide functions as needed to implement this subtitle.

(d) Safeguards on Grievances and Appeals.—

(1) In general.—Each covered employee with a grievance or appeal pending within TSA on the date of the enactment of this Act or initiated during the transition period described in subsection (c) shall have the right to have such grievance or appeal removed to proceedings pursuant to title 5, United States Code, or continued within the TSA.

(2) Authority.—With respect to any grievance or appeal continued within the TSA pursuant to paragraph (1), the Administrator may consider and finally adjudicate such grievance or appeal notwithstanding any other provision of this subtitle.

(3) Preservation of rights.—Notwithstanding any other provision of law, any appeal or grievance continued pursuant to this section that is not finally adjudicated pursuant to paragraph (2) shall be preserved and all timelines tolled until the rights afforded by application of chapters 71 and 77 of title 5, United States Code, are made available pursuant to section 5933(c)(2) of this subtitle.

SEC. 5934. TRANSITION RULES.

(a) Nonreduction in Pay and Compensation.—Under pay conversion rules as the Secretary may prescribe to carry out this subtitle, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, pursuant to section 5933(c)(1)(F)—

(1) shall not be subject to any reduction in either the rate of adjusted basic pay payable or law enforcement availability pay payable to such covered employee; and

(2) shall be credited for years of service in a specific pay band under a TSA personnel management system as if the employee had served in an equivalent General Schedule position at the same grade, for purposes of determining the appropriate step within a grade at which to establish the employee’s converted rate of pay.

(b) Retirement Pay.—Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a proposal, including proposed legislative changes if needed, for determining a covered employee’s average pay for purposes of calculating the employee’s retirement annuity, consistent with title 5, United States Code, for any covered employee who retires within three years of the conversion date, in a manner that appropriately accounts for time in service and annual rate of basic pay following the conversion date.

(c) Limitation on Premium Pay.—Notwithstanding section 5547 of title 5, United States Code, or any other provision of law, a Federal Air Marshal or criminal investigator hired prior to the date of enactment of this Act may be eligible for premium pay up to the maximum level allowed by the Administrator prior to the date of enactment of this Act. The Office of Personnel Management shall recognize such premium pay as fully creditable for the purposes of calculating pay and retirement benefits.

(d) Preservation of Law Enforcement Availability Pay and Overtime Pay Rates for Federal Air Marshals.—

(1) Leap.—Section 5545a of title 5, United States Code, is amended by adding at the end the following:

“(l) The provisions of subsections (a)-(h) providing for availability pay shall apply to any Federal Air Marshal who is an employee of the Transportation Security Administration.”.

(2) Overtime.—Section 5542 of such title is amended by adding at the end the following:

“(i) Notwithstanding any other provision of law, a Federal Air Marshal who is an employee of the Transportation Security Administration shall receive overtime pay under this section, at such a rate and in such a manner, so that such Federal Air Marshal does not receive less overtime pay than such Federal Air Marshal would receive were that Federal Air Marshal subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938.”.

(3) Effective date.—The amendments made by paragraphs (1) and (2) shall begin to apply on the conversion date (as that term is defined in section 5932 of the Rights for the TSA Workforce Act of 2022).

(e) Collective Bargaining Unit.—Notwithstanding section 7112 of title 5, United States Code, following the application of chapter 71 pursuant to section 5933(c)(2) of this subtitle, full- and part-time non-supervisory Transportation Security Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall remain eligible to form a collective bargaining unit.

(f) Preservation of Other Rights.—The Secretary shall take any actions necessary to ensure that the following rights are preserved and available for each covered employee as of the conversion date and any covered employee appointed after the conversion date, and continue to remain available to covered employees after the conversion date:

(1) Any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used, subject to any limitation on accumulated leave under chapter 63 of title 5, United States Code.

(2) Part-time personnel carrying out screening functions under section 44901 of title 49, United States Code, pay Federal Employees Health Benefits premiums on the same basis as full-time TSA employees.

(3) Covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure TSA meets mission requirements, notwithstanding section 6329a of title 5, United States Code.

(4) Eligible covered employees carrying out screening functions under section 44901 of title 49, United States Code, receive a split-shift differential for regularly scheduled split-shift work as well as regularly scheduled overtime and irregular and occasional split-shift work.

(5) Eligible covered employees receive group retention incentives, as appropriate, notwithstanding sections 5754(c),

(e), and (f) of title 5, United States Code.

SEC. 5935. CONSULTATION REQUIREMENT.

(a) Exclusive Representative.—

(1) In general.—

(A) Beginning on the date chapter 71 of title 5, United States Code, begins to apply to covered employees pursuant to section 5933(c)(2), the labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or any successor labor organization, shall be treated as the exclusive representative of full- and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and shall be the exclusive representative for such personnel under chapter 71 of title 5, United States Code, with full rights under such chapter.

(B) Nothing in this subsection shall be construed to prevent covered employees from selecting an exclusive representative other than the labor organization described under paragraph (1) for purposes of collective bargaining under such chapter 71.

(2) National level.—Notwithstanding any provision of such chapter 71, collective bargaining for any unit of covered employees shall occur at the national level, but may be supplemented by local level bargaining and local level agreements in furtherance of elements of a national agreement or on local unit employee issues not otherwise covered by a national agreement. Such local-level bargaining and local-level agreements shall occur only by mutual consent of the exclusive representative of full and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and a TSA Federal Security Director or their designee.

(3) Current agreement.—Any collective bargaining agreement covering such personnel in effect on the date of enactment of this Act shall remain in effect until a collective bargaining agreement is entered into under such chapter 71, unless the Administrator and exclusive representative mutually agree to revisions to such agreement.

(b) Consultation Process.—Not later than seven days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for the personnel described in subsection (a) under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of full- and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, under this subtitle. Prior to the date such chapter 71 begins to apply pursuant to section 5933(c)(2), the Secretary shall provide (in writing) to such exclusive representative the plans for how the Secretary intends to carry out the conversion of such personnel under this subtitle, including with respect to such matters as—

(1) the anticipated conversion date; and

(2) measures to ensure compliance with sections 5933 and 5934.

(c) Required Agency Response.—If any views or recommendations are presented under subsection (b) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken.

SEC. 5936. NO RIGHT TO STRIKE.

Nothing in this subtitle may be considered—

(1) to repeal or otherwise affect—

(A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or

(B) section 7311 of title 5, United States Code (relating to loyalty and striking); or

(2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1).

SEC. 5937. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK REQUIREMENTS.

Not later than one year after the date of enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees on a proposal to harmonize and update, for the purposes of hiring and for authorizing or entering into any contract for service, the restrictions in section 70105(c) of title 46, United States Code, (relating to the issuance of transportation security cards) and section 44936 of title 49, United States Code, (relating to security screener employment investigations and restrictions).

SEC. 5938. COMPTROLLER GENERAL REVIEWS.

(a) Review of Recruitment.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA regarding recruitment, including recruitment efforts relating to veterans and the dependents of veterans and members of the Armed Forces and the dependents of such members. Such report shall also include recommendations regarding how the TSA may improve such recruitment efforts.

(b) Review of Implementation.—Not later than 60 days after the conversion date, the Comptroller General shall commence a review of the implementation of this subtitle. The Comptroller General shall submit to Congress a report on its review no later than one year after such conversion date.

(c) Review of Promotion Policies and Leadership Diversity.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA to ensure that recruitment, hiring, promotion, and advancement opportunities are equitable and provide for demographics among senior leadership that are reflective of the United States’ workforce demographics writ large. Such report shall, to the extent possible, include an overview and analysis of the current demographics of TSA leadership and, as appropriate, recommendations to improve hiring and promotion procedures and diversity in leadership roles that may include recommendations for how TSA can better promote from within and retain and advance its workers.

(d) Review of Harassment and Assault Policies and Protections.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA to ensure the safety of its staff with regards to harassment and assault in the workplace, such as incidents of sexual harassment and violence and harassment and violence motivated by an individual’s perceived race, ethnicity, religion, gender identity or sexuality, and including incidents where the alleged perpetrator or perpetrators are members of the general public. Such report shall include an overview and analysis of the current TSA policies and response procedures, a detailed description of if, when, and how these policies fail to adequately protect TSA personnel, and, as appropriate, recommendations for steps the TSA can take to better protect its employees from harassment and violence in their workplace. In conducting its review, the Comptroller General shall provide opportunities for TSA employees of all levels and positions, and unions and associations representing such employees, to submit comments, including in an anonymous form, and take those comments into account in its final recommendations.

SEC. 5939. SENSE OF CONGRESS.

It is the sense of Congress that—

(1) the TSA’s personnel system provides insufficient benefits and workplace protections to the workforce that secures the nation’s transportation systems and that the TSA’s workforce should be provided protections and benefits under title 5, United States Code; and

(2) the provision of these title 5 protections and benefits should not result in a reduction of pay or benefits to current TSA employees.

SEC. 5940. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.

The Administrator may communicate with organizations representing a significant number of Federal Air Marshals, to the extent provided by law, to address concerns regarding Federal Air Marshals related to the following:

(1) Mental health.

(2) Suicide rates.

(3) Morale and recruitment.

(4) Equipment and training.

(5) Work schedules and shifts, including mandated periods of rest.

(6) Any other personnel issues the Administrator determines appropriate.

SEC. 5941. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.

The Administrator, in coordination with the Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Allergy and Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against the COVID-19 National Emergency, including appropriate resources.

SEC. 5942. HAZARDOUS DUTY PAYMENTS.

Subject to the availability of appropriations, and not later than 90 days after receiving such appropriations, the Administrator shall provide a one-time bonus payment of $3,000 to each at-risk employee.

SEC. 5943. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may be necessary, to remain available until expended, to carry out this subtitle.

SEC. 5944. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.

Not later than 270 days after the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a feasibility study on allowing covered employees carrying out screening functions under section 44901 of title 49, United States Code, to treat as hours of employment time spent by such employees regularly traveling between airport parking lots and bus and transit stops and screening checkpoints before and after the regular work day. In conducting such study, the Administrator shall consider—

(1) the amount of time needed to travel to and from airport parking lots and bus and transit stops at representative airports of various sizes;

(2) the feasibility of using mobile phones and location data to allow employees to report their arrival to and departure from airport parking lots and bus and transit stops; and

(3) the estimated costs of providing such benefits.

SEC. 5945. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.

Not later than 90 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding the following:

(1) Reports to the Administrator of instances of physical or verbal assault or threat made by a member of the general public against a covered employee engaged in carrying out screening functions under section 44901 of title 49, United States Code, since January 1, 2019.

(2) Procedures for reporting such assaults and threats, including information on how the Administrator communicates the availability of such procedures.

(3) Any steps taken by TSA to prevent and respond to such assaults and threats.

(4) Any related civil actions and criminal referrals made annually since January 1, 2019.

(5) Any additional authorities needed by the Administrator to better prevent or respond to such assaults and threats.

SEC. 5946. ANNUAL REPORTS ON TSA WORKFORCE.

Not later than one year after the date of the enactment of this Act and annually thereafter, the Administrator shall submit to the appropriate congressional committees a report that contains the following:

(1) An analysis of the Office of Personnel Management’s Federal Employee Viewpoint Survey (FEVS) to determine job satisfaction rates of covered employees.

(2) Information relating to retention rates of covered employees at each airport, including transfers, in addition to aggregate retention rates of covered employees across the TSA workforce.

(3) Information relating to actions taken by the TSA intended to improve workforce morale and retention.

DIVISION F—OTHER MATTERS

TITLE LX—TAIWAN PEACE AND STABILITY ACT

SEC. 6001. SHORT TITLE.

This title may be cited as the “Taiwan Peace and Stability Act”.

SEC. 6002. FINDINGS AND STATEMENT OF POLICY.

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

(1) The United States has consistently sought to advance peace and stability in East Asia as a central element of U.S. foreign policy toward the region.

(2) The Government of the People’s Republic of China (PRC), especially since the election of Tsai Ing-Wen in 2016, has conducted a coordinated campaign to weaken Taiwan diplomatically, economically, and militarily in a manner that threatens to erode U.S. policy and create a fait accompli on questions surrounding Taiwan’s future.

(3) In order to ensure the longevity of U.S. policy and preserve the ability of the people of Taiwan to determine their future independently, it is necessary to reinforce Taiwan’s diplomatic, economic, and physical space.

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

(1) maintain the position that peace and stability in the Western Pacific are in the political, security, and economic interests of the United States, and are matters of international concern; and

(2) work with allies and partners to promote peace and stability in the Indo-Pacific and deter military acts or other forms of coercive behavior that would undermine regional stability.

SEC. 6003. DEFINITIONS.

In this title—

(1) the term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Foreign Relations of the Senate;

(2) the term “international organization” includes United Nations funds, programs, specialized agencies, entities, and bodies, and other organizations outside of the United Nations system, as the Secretary of State or the Secretary’s designee deems appropriate, and in consultation with other Federal departments and agencies;

(3) the term ‘One-China Principle’ means the PRC’s policy toward Taiwan;

(4) the term “civil society organizations” means international civil society organizations that are critical to maintaining Taiwan’s international space and enabling Taiwan to play a positive and constructive role in the global community; and

(5) the term “potential PLA campaigns” means—

(A) a naval blockade of Taiwan;

(B) an amphibious assault and ground invasion of Taiwan, especially such invasion designed to accomplish a fiat accompli before intervention is possible; and

(C) a seizure of one or more of Taiwan’s outlying islands.

Subtitle A—Supporting Taiwan’s Meaningful Participation in the International Community

SEC. 6011. FINDINGS.

Congress makes the following findings:

(1) Taiwan has provided monetary, humanitarian, and medical assistance to combat diseases such as AIDS, tuberculosis, Ebola, and dengue fever in countries around the world. During the COVID-19 pandemic, Taiwan donated millions of pieces of personal protective equipment and COVID-19 tests to countries in need.

(2) Since 2016, the Gambia, Sao Tome and Principe, Panama, the Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands, and Kiribati have severed diplomatic relations with Taiwan in favor of diplomatic relations with China.

(3) Taiwan was invited to participate in the World Health Assembly, the decision-making body of the World Health Organization (WHO), as an observer annually between 2009 and 2016. Since the 2016 election of President Tsai, the PRC has increasingly resisted Taiwan’s participation in the WHA. Taiwan was not invited to attend the WHA in 2017, 2018, 2019, 2020, or 2021.

(4) The Taipei Flight Information Region reportedly served 1.75 million flights and 68.9 million passengers in 2018 and is home to Taiwan Taoyuan International airport, the eleventh busiest airport in the world. Taiwan has been excluded from participating at the International Civil Aviation Organization (ICAO) since 2013.

(5) United Nations (UN) General Assembly Resolution 2758 does not address the issue of representation of Taiwan and its people at the United Nations, nor does it give the PRC the right to represent the people of Taiwan.

SEC. 6012. SENSE OF CONGRESS ON TAIWAN’S MEANINGFUL PARTICIPATION IN THE INTERNATIONAL COMMUNITY.

It is the sense of Congress that—

(1) Taiwan is free, democratic, and prosperous, and is home to 23.5 million people. It is an important contributor to the global community, as a model for democracy, and by providing expertise in global health, international aviation security, emerging technology development, and with forward looking environmental policies;

(2) multiple United States Government administrations of both political parties have taken important steps to advance Taiwan’s meaningful participation in international organizations;

(3) existing efforts to enhance U.S. cooperation with Taiwan to provide global public goods, including through development assistance, humanitarian assistance, and disaster relief in trilateral and multilateral fora is laudable and should continue;

(4) nonetheless, significant structural, policy, and legal barriers remain to advancing Taiwan’s meaningful participation in the international community; and

(5) efforts to share Taiwan’s expertise with other parts of the global community could be further enhanced through a systematic approach, along with greater attention from Congress and the American public to such efforts.

SEC. 6013. STRATEGY TO SUPPORT TAIWAN’S MEANINGFUL PARTICIPATION IN INTERNATIONAL ORGANIZATIONS.

(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a strategy—

(1) to advance Taiwan’s meaningful participation in a prioritized set of international organizations (IOs); and

(2) that responds to growing pressure from the PRC on foreign governments, IOs, commercial actors, and civil society organizations to comply with its “One-China Principle”, with respect to Taiwan.

(b) Matters To Be Included.—

(1) In general.—The strategy required in paragraph (a) shall include:

(A) An assessment of the methods the PRC uses to coerce actors to into adhering to its “One-China Principle.” The methods shall include those employed against governments, IOs, and civil society organizations. The assessment shall also include pressure on commercial actors, to the extent it is relevant in the context of Taiwan’s meaningful participation in IOs.

(B) An assessment of the policies of foreign governments toward the PRC and Taiwan, to identify likeminded allies and partners who might become public or private partners in the strategy.

(C) A systematic analysis of all IOs, as practicable, to identify IOs that best lend themselves to advancing Taiwan’s participation. The analysis shall include, but is not limited to the IOs’—

(i) policy on the requirements to obtain membership and observer status, as well as the foundational documents defining membership requirements and observer status within the IO;

(ii) participation rules;

(iii) processes for developing membership requirements and participation rules;

(iv) policies of current members regarding Taiwan’s political status; and

(v) relative reliance on contributions from the PRC and how it may affect internal decision making.

(D) An evaluation of the feasibility and advisability of expanding economic, security, and diplomatic engagement with nations that have demonstrably strengthened, enhanced, or upgraded relations with Taiwan, where it aligns with U.S. interests.

(E) A survey of IOs that have allowed Taiwan’s meaningful participation, including an assessment of whether any erosion in Taiwan’s engagement has occurred within those organizations and how Taiwan’s participation has positively strengthened the capacity and activity of these organizations, thereby providing positive models for Taiwan’s inclusion in other similar forums.

(F) A list of no more than 20 IOs at which the U.S. Government will prioritize for using its voice, vote, and influence to advance Taiwan’s meaningful participation over the three-year period following the date of enactment of this Act. The list shall be derived from the IOs identified in paragraph (1)(C).

(G) A description of the diplomatic strategies and the coalitions the U.S. Government plans to develop to implement paragraph (b)(1)(F).

(c) Form of Report.—The strategy required in subsection (a) shall be classified, but it may include an unclassified summary, if the Secretary of State determines it appropriate.

(d) Consultation.—The Secretary of State or his or her designee, shall consult with the appropriate congressional committees—

(1) no later than 90 days after the date of enactment of this Act, on the list of IOs identified in subsection

(b)(1)(C); and

(2) 180 days after submitting the strategy required in subsection (a), and 180 days thereafter for two years, regarding the development and implementation of the strategy.

SEC. 6014. EXPANDING UNITED STATES-TAIWAN DEVELOPMENT COOPERATION.

(a) In General.—No later than 120 days following the date of enactment of this Act, the Administrator of the United States Agency for International Development (USAID), in consultation with the U.S. International Development Finance Corporation (DFC), shall submit to the appropriate congressional committees a report on cooperation with Taiwan on trilateral and multilateral development initiatives through the American Institute in Taiwan as appropriate.

(b) Matters To Be Included.—The report required by subsection (a) shall include:

(1) A comprehensive review of existing cooperation mechanisms and initiatives between USAID or DFC, and relevant departments and agencies in Taiwan, including, but not limited to Taiwan’s International Cooperation and Development Fund (ICDF).

(2) An assessment of how USAID and DFC development cooperation with relevant departments and agencies in Taiwan compares to comparable cooperation with partners of similar economic size and foreign assistance capacity.

(3) An analysis of the opportunities and challenges the cooperation reviewed in paragraph (1) has offered to date. The analysis shall include, but is not limited to—

(A) opportunities collaboration has offered to expand USAID’s and DFC’s ability to deliver assistance into a wider range communities;

(B) sectors where USAID, DFC, ICDF, other relevant agencies and departments in Taiwan, or the organizations’ implementing partners have a comparative advantage in providing assistance;

(C) opportunities to transition virtual capacity building events with relevant departments and agencies in Taiwan, through the Global Cooperation and Training Framework (GCTF) as well as other forums, into in- person, enduring forms of development cooperation.

(4) An assessment of any legal, policy, logistical, financial, or administrative barriers to expanding cooperation in trilateral or multilateral development. The analysis shall include, but is not limited to—

(A) availability of personnel at the American Institute in Taiwan (AIT) responsible for coordinating development assistance cooperation;

(B) volume of current cooperation initiatives and barriers to expanding it;

(C) diplomatic, policy, or legal barriers facing the United States or other partners to including Taiwan in formal and informal multilateral development cooperation mechanisms;

(D) resource or capacity barriers to expanding cooperation facing the United States or Taiwan; and

(E) geopolitical barriers that complicate U.S.- Taiwan cooperation in third countries.

(5) Recommendations to address the challenges identified in paragraph (b)(4).

(6) A description of any additional resources or authorities that expanding cooperation might require.

(c) Form of Report.—The strategy required in subsection (a) shall be unclassified, but it may include a classified annex if the Administrator of USAID determines it appropriate.

Subtitle B—Advancing Taiwan’s Economic Space

SEC. 6021. SENSE OF CONGRESS ON EXPANDING U.S. ECONOMIC RELATIONS WITH TAIWAN.

It is the sense of the Congress that—

(1) expanding U.S. economic relations with Taiwan has benefited the people of both the United States and Taiwan. Taiwan is now the United States 10th largest goods trading partner, 13th largest export market, 13th largest source of imports, and a key destination for U.S. agricultural exports;

(2) further integration, consistent with robust environmental standard and labor rights, would benefit both peoples and is in the strategic and diplomatic interests of the United States; and

(3) the United States should explore opportunities to expand economic agreements between Taiwan and the United States, through dialogue, and by developing the legal templates required to support potential future agreements.

Subtitle C—Enhancing Deterrence Over Taiwan

SEC. 6031. SENSE OF CONGRESS ON PEACE AND STABILITY IN THE TAIWAN STRAIT.

It is the sense of Congress that—

(1) PRC attempts to intimidate Taiwan, including through high rates of PRC sorties into air space near Taiwan, and PRC amphibious assault exercises near Taiwan, jeopardizes the long- standing U.S. position that differences in cross-Strait relations must be resolved peacefully;

(2) given the potential for a cross-Strait conflict to be highly destructive and destabilizing, any increase in the risk of conflict demands attention and obligates leaders to reinforce deterrence, as the most viable means to prevent war;

(3) Taiwan should continue to implement its asymmetric defense strategy, including investing in cost-effective and resilient capabilities, while also strengthening recruitment and training of its reserve and civil defense forces, and those capabilities include coastal defense cruise missiles; and

(4) while enhancing deterrence, it is also essential to maintain open and effective crisis communication and risk reduction mechanisms, as a means to reduce the risk of misunderstanding and ultimately, conflict.

SEC. 6032. STRATEGY TO ENHANCE DETERRENCE OVER A CROSS-STRAIT CONFLICT.

(a) In General.—No later than 90 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a whole-of-government strategy to enhance deterrence over a cross-Strait military conflict between the PRC and Taiwan.

(b) Matters To Be Included.—The strategy shall include:

(1) A comprehensive review of existing diplomatic, economic, and military tools to establish deterrence over a cross-Strait conflict and an assessment of their efficacy.

(2) An examination of the present and future capabilities of the United States and Taiwan to respond to the potential PLA campaigns against Taiwan in 5, 10, and 15 years. The analysis shall include an assessment of the progress Taiwan has made in developing the cost-effective and resilient capabilities needed to respond to its strategic environment, as well as any additional personnel, procurement, or training reforms required.

(3) An evaluation of the feasibility of expanding coordination with U.S. allies and partners to enhance deterrence over a cross-Strait conflict. The review shall include, but is not limited to, a review of the following matters:

(A) Expanding coordination of public or private messaging on deterrence vis-a-vis Taiwan.

(B) Coordinating use of economic tools to raise the costs of PRC military action that could precipitate a cross-Strait conflict.

(C) Enhancing co-development and co-deployment of military capabilities related to deterrence over a cross-Strait conflict, or enhancing coordinated training of Taiwan’s military forces.

(4) Recommendations on significant additional diplomatic, economic, and military steps available to the U.S. Government, unilaterally and in concert with U.S. allies and partners, to enhance the clarity and credibility of deterrence over a cross- Strait conflict.

(5) A description of any additional resources or authorities needed to implement the recommendations identified in paragraph (5).

(c) Form of Report.—The strategy required in subsection (b) shall be classified, but it may include an unclassified annex, if determined appropriate by the President.

(d) Consultation.—No later than 90 days after the date of enactment of this Act, and not less frequently than every 180 days thereafter for seven years, the President or his or her designee, as well as representatives from the agencies and departments involved in developing the strategy required in paragraph (a) shall consult with the appropriate congressional committees regarding the development and implementation of the strategy required in this section. The representatives shall be at the Undersecretary level or above.

SEC. 6033. STRENGTHENING TAIWAN’S CIVILIAN DEFENSE PROFESSIONALS.

(a) In General.—No later than 180 days following enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall present to the appropriate congressional committees a plan for strengthening the community of civilian defense professionals in Taiwan, facilitated through the American Institute in Taiwan as appropriate.

(b) Matters To Be Included.—The report shall include the following:

(1) A comprehensive review of existing U.S. Government and non-U.S. Government programmatic and funding modalities to support Taiwan’s civilian defense professionals in pursuing professional development, educational, and cultural exchanges in the United States. The review shall include, but is not limited to—

(A) opportunities through U.S. Department of State- supported programs, such as the International Visitor Leaders Program; and

(B) opportunities offered through non-governmental institutions, such as think tanks, to the extent the review can practicably make such an assessment.

(2) A description of the frequency that civilian defense professionals from Taiwan pursue or are selected for the programs reviewed in paragraph (1).

(3) An analysis of any funding, policy, administrative, or other barriers preventing greater participation from Taiwan’s civilian defense professionals in the opportunities identified in paragraph (1).

(4) An evaluation of the value expanding the opportunities reviewed in paragraph (1) would offer for strengthening Taiwan’s existing civilian defense community, and for increasing the perceived value of the field for young professionals in Taiwan.

(5) An assessment of options the United States Government could take individually, with partners in Taiwan, or with foreign governments or non-governmental partners, to expand the opportunities reviewed in paragraph (1).

(6) A description of additional resources and authorities that may be required to execute the options in paragraph (5).

(c) Form of Report.—The report required in subsection (a) shall be unclassified, but it may include a classified annex, if determined appropriate.

TITLE LXI—LIBYA STABILIZATION ACT

SEC. 6101. SHORT TITLE.

This title may be cited as the “Libya Stabilization Act”.

SEC. 6102. STATEMENT OF POLICY.

It is the policy of the United States—

(1) to advance a peaceful resolution to the conflict in Libya through a United Nations-facilitated Libyan-led and Libyan-owned political process as the best way to secure United States interests and to ensure the sovereignty, independence, territorial integrity, and national unity of Libya;

(2) to engage regularly at the senior-most levels in support of the continued observance of the ceasefire in Libya, the fair and transparent allocation of Libya’s resources, the reunification of security and economic institutions, and agreement among Libyans on a consensual constitutional basis that would lead to credible presidential and parliamentary elections as soon as possible;

(3) to support the implementation of United Nations Security Council Resolutions 1970 (2011) and 1973 (2011), which established an arms embargo on Libya, and subsequent resolutions modifying and extending the embargo;

(4) to enforce Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya (April 19, 2016)), designed to target individuals or entities who “threaten the peace, security, and stability of Libya”;

(5) to oppose attacks on civilians, medical workers, and critical infrastructure, including water supplies, in Libya, and to support accountability for those engaged in such heinous actions;

(6) to support Libya’s sovereignty, independence, territorial integrity, and national unity consistent with United Nations Security Council Resolution 2510 (2020) and all predecessor resolutions with respect to Libya, including by—

(A) taking action to end the violence and flow of arms;

(B) rejecting attempts by any party to illicitly export Libya’s oil; and

(C) urging the withdrawal of foreign military and mercenary forces;

(7) to engage in diplomacy to convince parties to conflict and political dispute in Libya to support the continuity of the October 2020 ceasefire and persuade foreign powers to withdraw personnel, including mercenaries, weapons, and financing that may reignite or exacerbate conflict;

(8) to support political dialogue among Libyans and advance an inclusive Libyan-led and Libyan-owned political process;

(9) to support the nearly 2.8 million Libyans who registered to vote;

(10) to help protect Libya’s civilian population and implementing humanitarian and international organizations from the risk of harm resulting from explosive hazards such as landmines, improvised explosive devices (IEDs), and unexploded ordnance (UXO);

(11) to support constant, unimpeded, and reliable humanitarian access to those in need and to hold accountable those who impede or threaten the delivery of humanitarian assistance;

(12) to seek to bring an end to severe forms of trafficking in persons such as slavery, forced labor, and sexual exploitation, including with respect to migrants;

(13) to advocate for the immediate release and safe evacuations of detained refugees and migrants trapped by the fighting in Libya;

(14) to encourage implementation of UNSMIL’s plan for the organized and gradual closure of migrant detention centers in Libya;

(15) to support greater defense institutional capacity building after a comprehensive political settlement;

(16) to discourage all parties from heightening tensions in Libya and its environs, through unhelpful and provocative actions.

(17) to support current and future democratic development and economic recovery of Libya both during and after a negotiated peaceful political solution, pursuant to Libya’s status as a Global Fragility Act partner state; and

(18) to partner with various U.S. government agencies, multilateral organizations, and local partners to strengthen security, prosperity, and stability in Libya, pursuant to Libya’s status as a Global Fragility Act partner state.

Subtitle A—Identifying Challenges to Stability in Libya

SEC. 6111. REPORT ON ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS AND ACTORS IN LIBYA.

(a) In General.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, should submit to the appropriate congressional committees a report that includes—

(1) a description of the full extent of involvement in Libya by foreign governments, including the Governments of Russia, Turkey, the United Arab Emirates, Egypt, Sudan, Chad, China, Saudi Arabia, and Qatar, including—

(A) a description of which governments have conducted or facilitated drone and aircraft strikes in Libya since April 2019 not related to efforts to combat Al Qaeda, the Islamic State, or affiliated entities;

(B) a list of the types and estimated amounts of equipment transferred since April 2019 by each government described in this paragraph to the parties to conflict in Libya, including foreign military contractors, mercenaries, or paramilitary forces operating in Libya;

(C) an estimate of the financial support provided since April 2019 by each government described in this paragraph to the parties to conflict in Libya, including foreign military contractors, mercenaries, or paramilitary forces operating in Libya; and

(D) a description of the activities of any regular, irregular, or paramilitary forces, including foreign military contractors, mercenary groups, and militias operating inside Libya, at the direction or with the consent of the governments described in this paragraph;

(2) an analysis of whether the actions by the governments described in paragraph (1)—

(A) violate the arms embargo on Libya established under United Nations Security Council Resolution 1970 (2011) as reaffirmed by subsequent Security Council resolutions;

(B) may contribute to violations of international humanitarian law; or

(C) involve weapons of United States origin or were in violation of United States end user agreements;

(3) a description of United States diplomatic engagement with any governments found to be in violation of the arms embargo regarding strengthened implementation of the embargo;

(4) a list of the specific offending materiel, training, or financial support transfers provided by a government described in paragraph (1) that violate the arms embargo on Libya under United Nations Security Council Resolution 2571 (2021) and predecessor Security Council resolutions;

(5) an analysis of the activities of foreign armed groups, including the Russian Wagner Group, military contractors and mercenaries employed or engaged by the governments of Turkey and the United Arab Emirates, affiliates of the Islamic State (ISIS), al-Qaida in the Islamic Maghreb (AQIM), and other extremist groups, in Libya;

(6) a discussion of whether and to what extent conflict or instability in Libya is enabling the recruitment and training efforts of armed groups, including affiliates of ISIS, AQIM, and other extremist groups;

(7) a description of efforts by the European Union, North Atlantic Treaty Organization (NATO), and the Arab League, and their respective member states, to implement and enforce the arms embargo and maintain a sustainable ceasefire;

(8) a description of any violations of the arms embargo by European Union member states; and

(9) a description of United States diplomatic engagement with the European Union, NATO, and the Arab League regarding implementation and enforcement of the United Nations arms embargo, ceasefire monitoring, and election support.

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

(c) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

SEC. 6112. REPORT OF RUSSIAN ACTIVITIES AND OBJECTIVES IN LIBYA.

(a) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Secretary of Defense, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains an assessment of Russian activities and objectives in Libya, including—

(1) an assessment of Russian influence and objectives in Libya;

(2) the potential threat such activities pose to the United States, southern Europe, NATO, and partners in the Mediterranean Sea and North African region;

(3) the direct role of Russia in Libyan financial affairs, to include issuing and printing currency;

(4) Russia’s use of mercenaries, military contractors, equipment, and paramilitary forces in Libya;

(5) an assessment of sanctions and other policies adopted by United States partners and allies against the Wagner Group and its destabilizing activities in Libya, including sanctions on Yevgeny Prigozhin; and

(6) an identification of foreign companies and persons that have provided transportation, logistical, administrative, air transit, border crossing, or money transfer services to Russian mercenaries or armed forces operating on behalf of the Russian Government in Libya, and an analysis of whether such entities meet the criteria for imposition of sanctions under section 1(a) of Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya).

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

SEC. 6113. DETERMINATION OF SANCTIONABLE ACTIVITIES OF THE LIBYAN NATIONAL ARMY WITH RESPECT TO SYRIA.

Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a list of any members of the Libyan National Army (LNA), and details of their activities, which the President has determined are knowingly responsible for sanctionable offenses pursuant to—

(1) section 7412 of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note; 133 Stat. 2292); or

(2) Executive Order 13582 (76 Fed. Reg. 52209; relating to blocking property of the Government of Syria and prohibiting certain transactions with respect to Syria (August 17, 2011)).

Subtitle B—Actions to Address Foreign Intervention in Libya

SEC. 6121. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LEADING, DIRECTING, OR SUPPORTING CERTAIN FOREIGN GOVERNMENT INVOLVEMENT IN LIBYA.

(a) In General.—Not later than 180 days after the date of the enactment of this Act, the President shall impose each of the sanctions described in section 6124 with respect to each foreign person who the President determines knowingly engages in an activity described in subsection (b).

(b) Activities Described.—A foreign person engages in an activity described in this subsection if the person leads, directs, or provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with, a non-Libyan foreign person who is—

(1) in Libya in a military or commercial capacity as a military contractor, mercenary, or part of a paramilitary force; and

(2) engaged in significant actions that threaten the peace, security, or stability of Libya.

SEC. 6122. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THREATENING THE PEACE OR STABILITY OF LIBYA.

(a) Imposition of Sanctions.—The President shall impose each of the sanctions described in section 6124 with respect to each foreign person on the list required by subsection (b).

(b) List.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of—

(1) foreign persons, including senior government officials, militia leaders, paramilitary leaders, and other persons who provide significant support to militia or paramilitary groups in Libya, that the President determines are knowingly—

(A) engaged in significant actions or policies that threaten the peace, security, or stability of Libya, including any supply of significant arms or related materiel in violation of a United Nations Security Council resolution on Libya;

(B) engaged in significant actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding the United Nations-mediated political processes that seek a negotiated and peaceful solution to the Libyan crisis, including a consensual constitutional basis that would lead to credible presidential and parliamentary elections as soon as possible and ongoing maintenance of the October 2020 ceasefire;

(C) engaged in significant actions that may lead to or result in the misappropriation of significant state assets of Libya;

(D) involved in the significant illicit exploitation of crude oil or any other natural resources in Libya, including the significant illicit production, disruption of production, refining, brokering, sale, purchase, or export of Libyan oil;

(E) significantly threatening or coercing Libyan state financial institutions or disrupting the operations of the Libyan National Oil Company; or

(F) significantly responsible for actions or policies that are intended to undermine efforts to maintain peace and promote stabilization and economic recovery in Libya;

(2) foreign persons who the President determines are successor entities to persons designated for engaging in activities described in subparagraphs (A) through (F) of paragraph (1); and

(c) Updates of List.—The President shall submit to the appropriate congressional committees an updated list under subsection (b)—

(1) not later than 180 days after the date of the enactment of this Act and annually thereafter for a period of 5 years; or

(2) as new information becomes available.

(d) Form.—The list required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.

(e) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

SEC. 6123. SANCTIONS WITH RESPECT TO FOREIGN PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS COMMITTED IN LIBYA.

(a) Imposition of Sanctions.—The President may impose 5 out of the 12 sanctions described in section 235 of Countering America’s Adversaries Through Sanctions Act (Public Law 115-44) with respect to each foreign person on the list required by subsection (b).

(b) List of Persons.—

(1) In general.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of senior foreign persons, including senior government officials, militia leaders, para-military leaders, and other persons who provide significant support to militia or paramilitary groups in Libya, that the President determines are each knowingly responsible for or complicit in, or have directly or in- directly engaged in, on or after the date of enactment gross violations of internationally recognized human rights committed in Libya.

(2) Updates of list.—The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—

(A) not later than 180 days after the date of the enactment of this Act and annually thereafter for a period of 5 years; or

(B) as new information becomes available.

(3) Form.—The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(c) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

SEC. 6124. SANCTIONS DESCRIBED.

(a) Sanctions Described.—The sanctions described in this section are the following:

(1) Blocking of property.—The President may exercise all of the powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) Inadmissibility of certain individuals.—

(A) Ineligibility for visas, admission,or parole.— A foreign person who is an individual and who meets any of the criteria described section 6121 or 6122 may be determined by the Secretary of State to be—

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) Current visas revoked.—A foreign person who is an individual and who meets any of the criteria described section 6121 or 6122 may be subject to the following:

(i) Revocation of any visa or other entry documentation by the Secretary of State regardless of when the visa or other entry documentation is or was issued.

(ii) A revocation under clause (i) shall—

(I) take effect immediately in accordance with section 221(i) of the Immigration and Nationality Act, (8 U.S.C. 1201(i)); and

(II) cancel any other valid visa or entry documentation that is in the foreign person’s possession.

(b) Penalties.—The penalties provided for in subsections (b) and

(c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations issued under section 6126(2) of this title to carry out subsection

(a)(1) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act.

(c) Exception.—Sanctions under subsection (a)(2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.

(d) Exception to Comply With National Security.—The following activities shall be exempt from sanctions under this section:

(1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).

(2) Any authorized intelligence or law enforcement activities of the United States.

SEC. 6125. WAIVER.

(a) In General.—The Secretary of State may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this subtitle if the President—

(1) determines and reports to Congress that such a waiver is in the national security interest of the United States; and

(2) thereafter submits to the appropriate congressional committees a justification for such waiver.

(b) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

SEC. 6126. IMPLEMENTATION AND REGULATORY AUTHORITY.

The President—

(1) is authorized to exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title; and

(2) shall issue such regulations, licenses, and orders as are necessary to carry out this title.

SEC. 6127. EXCEPTION RELATING TO IMPORTATION OF GOODS.

(a) In General.—The authorities and requirements to impose sanctions under this subtitle shall not include the authority or requirement to impose sanctions on the importation of goods.

(b) Good Defined.—In this section, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment and excluding technical data.

SEC. 6128. DEFINITIONS.

In this subtitle:

(1) Admitted; alien.—The terms “admitted” and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(2) Foreign person.—The term “foreign person” means an individual or entity who is not a United States person.

(3) Foreign government.—The term “foreign government” means any government of a country other than the United States.

(4) Knowingly.—The term “knowingly” with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(5) United states person.—The term “United States person” means—

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

(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

(C) any person in the United States.

(6) Gross violations of internationally recognized human rights.—The term “gross vio- lations of internationally recognized human rights” has the meaning given such term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)).

SEC. 6129. SUSPENSION OF SANCTIONS.

(a) In General.—The President may suspend in whole or in part the imposition of sanctions otherwise required under this subtitle for periods not to exceed 90 days if the President determines that the parties to the conflict in Libya have agreed to and are upholding a sustainable, good-faith ceasefire in support of a lasting political solution in Libya.

(b) Notification Required.—Not later than 30 days after the date on which the President makes a determination to suspend the imposition of sanctions as described in subsection (a), the President shall submit to the appropriate congressional committees a notification of the determination.

(c) Reimposition of Sanctions.—Any sanctions suspended under subsection (a) shall be reimposed if the President determines that the criteria described in that subsection are no longer being met.

SEC. 6130. SUNSET.

The requirement to impose sanctions under this subtitle shall cease to be effective on December 31, 2026.

Subtitle C—Assistance for Libya

SEC. 6131. HUMANITARIAN RELIEF FOR THE PEOPLE OF LIBYA AND INTERNATIONAL REFUGEES AND MIGRANTS IN LIBYA.

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

(1) the United States Government should, including in alignment with Libya’s status inclusion in the U.S. Global Fragility Act Strategy—

(A) continue senior-level efforts to address humanitarian needs in Libya, which has been exacerbated by conflict and the COVID-19 pandemic;

(B) engage diplomatically with Libyan entities to guarantee constant, reliable humanitarian access by frontline providers in Libya;

(C) engage diplomatically with the Libyan entities, the United Nations, and the European Union to encourage the voluntary safe passage of detained vulnerable migrants and refugees from the conflict zones in Libya; and

(D) support efforts to document and publicize gross violations of internationally recognized human rights and international humanitarian law, including efforts related to severe forms of trafficking in persons such as slavery, forced labor, and sexual exploitation, and hold perpetrators accountable; and

(2) deliver humanitarian assistance targeted toward those most in need and delivered through partners that uphold internationally recognized humanitarian principles, with robust monitoring to ensure assistance is reaching intended beneficiaries.

(b) Assistance Authorized.—The Administrator of the United States Agency for International Development, in coordination with the Secretary of State, should continue to support humanitarian assistance to individuals and communities in Libya, including—

(1) health assistance, including logistical and technical assistance to hospitals, ambulances, and health clinics in affected communities, including migrant communities, and provision of basic public health commodities, including support for an effective response to the COVID-19 pandemic;

(2) services, such as medicines and medical supplies and equipment;

(3) assistance to provide—

(A) protection, food, and shelter, including to migrant communities;

(B) water, sanitation, and hygiene (commonly referred to as “WASH”); and

(C) resources and training to increase communications and education to help communities slow the spread of COVID-19 and to increase vaccine acceptance; and

(4) technical assistance to ensure health, food, and commodities are appropriately selected, procured, targeted, monitored, and distributed.

(c) Strategy.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a strategy on the following:

(1) How the United States, working with relevant foreign governments and multilateral organizations, plans to address the humanitarian situation in Libya.

(2) Diplomatic efforts by the United States to encourage strategic burden-sharing and the coordination of donations with international donors, including foreign governments and multilateral organizations to advance the provision of humanitarian assistance to the people of Libya and international migrants and refugees in Libya.

(3) How to address humanitarian access challenges and ensure protection for vulnerable refugees and migrants, including protection from severe forms of trafficking in persons such as slavery, forced labor, and sexual exploitation.

(4) How the United States is mitigating risk, utilizing third party monitors, and ensuring effective delivery of assistance.

(5) How to address the tragic and persistent deaths of migrants and refugees at sea and human trafficking.

(d) Integration of Department of State-led Stabilization Efforts.—

(1) Sense of congress.—It is the sense of Congress that the Secretary of State, working with United States allies, international organizations, and implementing partners, including local implementing partners, to the extent practicable, should continue coordinated international stabilization efforts in Libya to—

(A) build up the capacity of implementers and national mine action authorities engaged in conventional weapons destruction efforts and mine risk education training and programs; and

(B) conduct operational clearance of explosive remnants of war resulting from the 2011 revolution and current military conflict in Libya, including in territory previously occupied by ISIS-Libya, and particularly in areas where unexploded ordnance, booby traps, and anti-personnel and anti-vehicle mines contaminate areas of critical infrastructure and large housing districts posing a risk of civilian casualties.

(2) In general.—To the maximum extent practicable, humanitarian assistance authorized under subsection (b) and the strategy required by subsection (c) shall take into account and integrate Department of State-led stabilization efforts—

(A) to address—

(i) contamination from landmines and other explosive remnants of war left from the 2011 revolution and current military conflict in Libya, including in territory previously occupied by ISIS-Libya; and

(ii) proliferation of illicit small arms and light weapons resulting from such conflict and the destabilizing impact the proliferation of such weapons has in Libya and neighboring countries; and

(B) to mitigate the threat that destruction of conventional weapons poses to development, the delivery of humanitarian assistance, and the safe and secure return of internally displaced persons.

(e) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—

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

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

SEC. 6132. SUPPORT FOR DEMOCRATIC GOVERNANCE, ELECTIONS, AND CIVIL SOCIETY.

(a) In General.—The Secretary of State should coordinate United States Government efforts to—

(1) work with the United Nations Support Mission in Libya and transitional authorities in Libya to prepare for national elections, as called for by the Libyan Political Dialogue, and a subsequent political transition;

(2) support efforts to resolve the current civil conflict in Libya;

(3) work to help the people of Libya and a future Libyan government develop functioning, unified Libyan economic, security, and governing institutions;

(4) work to ensure free, fair, inclusive, and credible elections organized by an independent and effective High National Elections Commission in Libya, including through supporting electoral security and international election observation and by providing training and technical assistance to institutions with election-related responsibilities, as appropriate;

(5) work with the people of Libya, nongovernmental organizations, and Libya institutions to strengthen democratic governance, reinforce civilian institutions and support decentralization, in line with relevant Libyan laws and regulations, in order to address community grievances, promote social cohesion, mitigate drivers of violent extremism, and help communities recover from Islamic State occupation;

(6) defend against gross violations of internationally recognized human rights in Libya, including by supporting efforts to document such violations;

(7) to combat corruption and improve the transparency and accountability of Libyan government institutions; and

(8) to support the efforts of independent media outlets to broadcast, distribute, and share information with the Libyan people.

(b) Risk Mitigation and Assistance Monitoring.—The Secretary of State and Administrator of the United States Agency for International Development should ensure that appropriate steps are taken to mitigate risk of diversion of assistance for Libya and ensure reliable third- party monitoring is utilized for projects in Libya that United States Government personnel are unable to access and monitor.

(c) Report.—

(1) In general.—Not later than 180 days after enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should submit to the appropriate congressional committees a report on the activities carried out under subsection (a).

(2) Appropriate congressional committees defined.—In this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(d) Authorization of Appropriations.—

(1) In general.—There are authorized to be appropriated $30,000,000 for fiscal year 2022 to carry out subsection (a).

(2) Notification requirements.—Any expenditure of amounts made available to carry out subsection (a) shall be subject to the notification requirements applicable to—

(A) expenditures from the Economic Support Fund under section 531(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)); and

(B) expenditures from the Development Assistance Fund under section 653(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 16 2413(a)).

SEC. 6133. ENGAGING INTERNATIONAL FINANCIAL INSTITUTIONS TO ADVANCE LIBYAN ECONOMIC RECOVERY AND IMPROVE PUBLIC SECTOR FINANCIAL MANAGEMENT.

(a) In General.—The Secretary of the Treasury should instruct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to support, in a way that is consistent with broader United States national interests, a Libyan-led process to develop a framework for the economic recovery of Libya and improved public sector financial management, complementary to United Nations-led peace efforts and in support of democratic institutions and the rule of law in Libya.

(b) Additional Elements.—To the extent consistent with broader United States national interests, the framework described in subsection

(a) should include the following policy proposals:

(1) To restore, respect, and safeguard the integrity, unity, and lawful governance of Libya’s key economic ministries and institutions, in particular the Central Bank of Libya, the Libya Investment Authority, the National Oi Corporation, and the Audit Bureau (AB).

(2) To improve the accountability and effectiveness of Libyan authorities, including sovereign economic institutions, in providing services and opportunity to the Libyan people.

(3) To assist in improving public financial management and reconciling the public accounts of national financial institutions and letters of credit issued by private Libyan financial institutions as needed pursuant to a political process.

(4) To restore the production, efficient management, and development of Libya’s oil and gas industries so such industries are resilient against disruption, including malign foreign influence, and can generate prosperity on behalf of the Libyan people.

(5) To promote the development of private sector enterprise.

(6) To improve the transparency and accountability of public sector employment and wage distribution.

(7) To strengthen supervision of and reform of Libyan financial institutions.

(8) To eliminate exploitation of price controls and market distorting subsidies in the Libyan economy.

(9) To support opportunities for United States businesses.

(c) Consultation.—In supporting the framework described in subsection (a), the Secretary of the Treasury should instruct the United States Executive Director at each international financial institution to encourage the institution to consult with relevant stakeholders in the financial, governance, and energy sectors.

(d) Definition of International Financial Institution.—In this section, the term “international financial institution” means the International Monetary Fund, International Bank for Reconstruction and Development, European Bank for Reconstruction and Development, International Development Association, International Finance Corporation, Multilateral Investment Guarantee Agency, African Development Bank, African Development Fund, Asian Development Bank, Inter-American Development Bank, Bank for Economic Cooperation and Development in the Middle East and North Africa, and Inter-American Investment Corporation.

(e) Termination.—The requirements of this section shall cease to be effective on December 31, 2026.

SEC. 6134. RECOVERING ASSETS STOLEN FROM THE LIBYAN PEOPLE.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of State, the Secretary of the Treasury, and the Attorney General should, to the extent practicable, advance a coordinated international effort—

(1) to carry out special financial investigations to identify and track assets taken from the people and institutions of Libya through theft, corruption, money laundering, or other illicit means; and

(2) to work with foreign governments—

(A) to share financial investigations intelligence, as appropriate;

(B) to oversee the assets identified pursuant to paragraph (1); and

(C) to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures.

(b) Additional Elements.—The coordinated international effort described in subsection (a) should include input from—

(1) the Office of Terrorist Financing and Financial Crimes of the Department of the Treasury;

(2) the Financial Crimes Enforcement Network of the Department of the Treasury; and

(3) the Money Laundering and Asset Recovery Section of the Department of Justice.

SEC. 6135. AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS WITH LIBYA.

(a) Sense of Congress.—It is the sense of Congress that the United States should expand educational and cultural exchange programs with Libya to promote mutual understanding and people-to-people linkages between the United States and Libya.

(b) Authority.—The President is authorized to expand educational and cultural exchange programs with Libya, including programs carried out under the following:

(1) The J. William Fulbright Educational Exchange Program referred to in paragraph (1) of section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)).

(2) The International Visitors Program referred to in paragraph (3) of such section.

(3) The U.S.-Middle East Partnership Initiative (MEPI) Student Leaders Program.

(4) The Youth Exchange and Study Program.

(5) Other related programs administered by the Department of State.

TITLE LXII—DISTRICT OF COLUMBIA NATIONAL GUARD HOME RULE

SEC. 6251. SHORT TITLE.