Division F — Other Non-Department of Defense Matters

117th Congress · Approved Dec 27, 2021 · 135 Stat. 1541

DIVISION F Other Non-Department of Defense Matters

TITLE LXI Financial Services Matters

SEC. 6101. Fincen Exchange.

Section 310(d) of title 31, United States Code, is amended—

(1)

in paragraph (2), by inserting “ other relevant private sector entities,” after “ financial institutions,”;

(2)

in paragraph (3)(A)(i)(II), by inserting “ and other relevant private sector entities” after “ financial institutions”; and

(3)

in paragraph (5)—

(A)

in subparagraph (A), by inserting “ or other relevant private sector entity” after “ financial institution”; and

(B)

in subparagraph (B)—

(i)

by striking “ Information” and inserting the following:

“(i) Use by financial institutions.—Information”

; and

(ii)

by adding at the end the following:

“(ii) Use by other relevant private sector entities.—Information received by a relevant private sector entity that is not a financial institution pursuant to this section shall not be used for any purpose other than assisting a financial institution in identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes, or in assisting FinCEN or another agency of the Federal Government in mitigating the risk of the financing of terrorism, money laundering, proliferation financing, or other criminal activities.”

SEC. 6102. Adverse Information in Cases of Trafficking.

(a)

In General.— The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following:

“§ 605C. Adverse information in cases of trafficking

“(a) Definitions.—In this section:

“(1) Trafficking documentation.—The term ‘trafficking documentation’ means—

“(A) documentation of—

“(i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or

“(ii) by a court of competent jurisdiction; and

“(B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim.

“(2) Trafficking victims protection act of 2000 definitions.—The terms ‘severe forms of trafficking in persons’ and ‘sex trafficking’ have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

“(3) Victim of trafficking.—The term ‘victim of trafficking’ means a person who is a victim of a severe form of trafficking in persons or sex trafficking.

“(b) Adverse Information.—A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency.

“(c) Rulemaking.—

“(1) In general.—Not later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a).

“(2) Contents.—The rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.”

(b)

Table of Contents Amendment.— The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following:

“605C. Adverse information in cases of trafficking.”.

(c)

Application.— The amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(c) of the Fair Credit Reporting Act, as added by subsection (a) of this section. Any rule issued by the Director to implement such section 605C shall be limited to preventing a consumer reporting agency from furnishing a consumer report containing any adverse item of information about a consumer (as such terms are defined, respectively, in section 603 the Fair Credit Reporting Act (15 U.S.C. 1681a)) that resulted from trafficking.

SEC. 6103. Support to Enhance the Capacity of International Monetary Fund Members to Evaluate the Legal and Financial Terms of Sovereign Debt Contracts.

(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. 1630. SUPPORT TO ENHANCE THE CAPACITY OF FUND MEMBERS TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF SOVEREIGN DEBT CONTRACTS.

“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 advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.”

(b)

Report to the Congress.— Within 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary of the Treasury shall report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate on—

(1)

the activities of the International Monetary Fund in the then most recently completed fiscal year to provide technical assistance described in section 1630 of the International Financial Institutions Act (as added by this section), including the ability of the Fund to meet the demand for the assistance; and

(2)

the efficacy of efforts by the United States to achieve the policy goal described in such section and any further actions that should be taken, if necessary, to implement that goal.

(c)

Sunset.— The amendment made by subsection (a) shall have no force or effect after the 5-year period that begins with the date of the enactment of this Act.

SEC. 6104. United States Policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank.

(a)

Sense of the Congress.— It is the sense of the Congress that the United States should not support the recognition of, or dealing with, the State Administration Council, or any successor entity controlled by the military, as the government of Burma for the purpose of the provision of any loan or financial assistance by the International Monetary Fund, the World Bank Group, or the Asian Development Bank, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military.

(b)

Policy.— Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.), as amended by section 6103, is further amended by adding at the end the following:

“SEC. 1631. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL MONETARY FUND, THE WORLD BANK GROUP, AND THE ASIAN DEVELOPMENT BANK.

“(a) Policy of the United States.—The Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military.

“(b) Submission of Written Statements.—No later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection (a) or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board.

“(c) Waiver.—The President of the United States may waive the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver—

“(1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and the oversight safeguards that will accompany such assistance; or

“(2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor.

“(d) World Bank Group Defined.—In this section, 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.”

(c)

Sunset.— Section 1631 of the International Financial Institutions Act, as added by subsection (b), is repealed on the earlier of—

(1)

the date the President of the United States submits to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a certification that—

(A)

the Burmese military has released all political prisoners;

(B)

an elected government has been instated following free and fair elections; and

(C)

all government institutions involved in the provision of multilateral assistance are fully under civilian control; or

(2)

the date that is 10 years after the date of the enactment of this Act.

SEC. 6105. United States Policy Regarding International Financial Institution Assistance with Respect to Advanced Wireless Technologies.

(a)

In General.— The Secretary of the Treasury (in this section referred to as the “Secretary”) 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 (22 U.S.C. 262r(c)(2))) that it is the policy of the United States to—

(1)

support assistance by the institution with respect to advanced wireless technologies (such as 5th generation wireless technology for digital cellular networks and related technologies) only if the technologies provide appropriate security for users;

(2)

proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure advanced wireless technologies; and

(3)

cooperate, to the maximum extent practicable, with member states of the institution, particularly with United States allies and partners, in order to strengthen international support for such technologies.

(b)

Waiver Authority.— The Secretary may waive subsection (a) on a case-by-case basis, on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver—

(1)

will allow the United States to effectively promote the objectives of the policy described in subsection (a); or

(2)

is in the national interest of the United States, with an explanation of the reasons therefor.

(c)

Progress Report.— The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act (22 U.S.C. 262r) a description of progress made toward advancing the policy described in subsection (a) of this section.

(d)

Sunset.— The preceding provisions of this section shall have no force or effect after the earlier of—

(1)

the date that is 7 years after the date of the enactment of this Act; or

(2)

the date that the Secretary reports to the committees specified in subsection (b) that terminating the effectiveness of the provisions is important to the national interest of the United States, with a detailed explanation of the reasons therefor.

SEC. 6106. Illicit Finance Improvements.

(a)

Scope of the Meetings of the Supervisory Team on Countering Illicit Finance.— Section 6214(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (31 U.S.C. 5311 note) is amended by striking “ to combat the risk relating to proliferation financing” and inserting “ for the purposes of countering illicit finance, including proliferation finance and sanctions evasion”.

(b)

Combating Russian Money Laundering.— Section 9714 of the Combating Russian Money Laundering Act (Public Law 116–283) is amended—

(1)

by redesignating subsections (b) and (c) as subsections (f) and (g), respectively; and

(2)

by inserting after subsection (a) the following:

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

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

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

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

SEC. 6107. Briefing on Delegation of Examination Authority under the Bank Secrecy Act.

(a)

In General.— Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with State bank supervisors, Federal financial regulators, and other relevant stakeholders, conduct a briefing for the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with respect to the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury.

(b)

Contents.— The briefing conducted by the Secretary of the Treasury pursuant to subsection (a) shall address—

(1)

the current status of the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury, including with respect to the mission of the Bank Secrecy Act;

(2)

how frequently, on average, agencies delegated exam authority under the Bank Secrecy Act by the Secretary are able to examine entities for which they have delegated authorities;

(3)

whether agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have appropriate resources to perform such delegated responsibilities; and

(4)

whether the examiners within agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have sufficient training and support to perform delegated responsibilities.

(c)

Definitions.— In this section:

(1)

Bank secrecy act.— The term “Bank Secrecy Act” means—

(A)

section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b);

(B)

section 123 of Public Law 91–508; and

(C)

subchapter II of chapter 53 of title 31, United States Code.

(2)

Federal financial regulators.— The term “Federal financial regulators” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Comptroller of the Currency, the Commodity Futures Trading Commission, the Securities and Exchange Commission, and the Commissioner of the Internal Revenue Service.

(3)

State bank supervisors.— The term “State bank supervisors” has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

TITLE LXII Foreign Service Families Act of 2021

SECTION 6201. Short Title.

This title may be cited as the “Foreign Service Families Act of 2021”.

SEC. 6202. Telecommuting Opportunities.

(a)

DETO Policy.—

(1)

In general.— Each Federal department and agency shall establish a policy enumerating the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations where there is a related Foreign Service assignment pursuant to an approved Domestically Employed Teleworking Overseas (DETO) agreement, consistent with the requirements under section 6502 of title 5, United States code (relating to the executive agencies telework requirements), as amended by paragraph (2), and DETO requirements, as set forth in the Foreign Affairs Manual and Foreign Affairs Handbook of the Department of State.

(2)

Amendment.— Section 6502(b) of title 5, United States Code, is amended—

(A)

in paragraph (4)(B), by striking “ and” after the semicolon;

(B)

in paragraph 5, by striking the period at the end and inserting “ ; and” ; and

(C)

by adding at the end the following new paragraph:

“(6) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the agency, such circumstances shall not include a situation in which an employee’s official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.”

(b)

Access to ICASS System.— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall revise chapter 900 of volume 6 of the Foreign Affairs Manual, the International Cooperative Administrative Support Services Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted a policy under subsection (a) to have access to the International Cooperative Administrative Support Services (ICASS) system.

SEC. 6203. Employment and Education Programs for Eligible Family Members of Members of the Foreign Service.

Section 706(b) of the Foreign Service Act of 1980 (22 U.S.C. 4026(b)) is amended—

(1)

in paragraph (1)—

(A)

by striking “ The Secretary may facilitate the employment of spouses of members of the Foreign Service by—” and inserting “ The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include—”;

(B)

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

(C)

by amending subparagraph (C) to read as follows:

“(C) establishing a program for assisting eligible family members in accessing employment and education opportunities, as appropriate, including by exercising the authorities, in relevant part, under sections 1784 and 1784a of title 10, United States Code, and subject to such regulations as the Secretary may prescribe modeled after those prescribed pursuant to subsection (b) of such section 1784;”

(2)

by redesignating paragraph (2) as paragraph (6);

(3)

by inserting after paragraph (1) the following new paragraphs:

“(2) The Secretary may prescribe regulations—

“(A) to provide preference to eligible family members in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination found in 5 U.S.C. 2302(b)(1)(E), if —

“(i) the eligible family member is among persons determined to be best qualified for the position; and

“(ii) the position is located in the overseas country of assignment of their sponsoring employee;

“(B) to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and

“(C) to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee.

“(3) Nothing in this section may be construed to provide an eligible family member with entitlement or preference in hiring over an individual who is preference eligible.

“(4) Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an eligible family member and a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members.

“(5) The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment.”

; and

(4)

by adding after paragraph (6), as redesignated by paragraph (2) of this subsection, the following new paragraph:

“(7) In this subsection, the term ‘eligible family member’ refers to family members of government employees assigned abroad or hired for service at their post of residence who are appointed by the Secretary of State or the Administrator of the United States Agency for International Development pursuant to sections 102, 202, 303, and 311.”

SEC. 6204. Briefing on Foreign Service Family Reserve Corps.

(a)

In General.— Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the status of implementation of the Foreign Service Family Reserve Corps.

(b)

Elements.— The briefing required under subsection (a) shall include the following elements:

(1)

A description of the status of implementation of the Foreign Service Family Reserve Corps (FSFRC).

(2)

An assessment of the extent to which implementation was impacted by the Department’s hiring freeze and a detailed explanation of the effect of any such impacts.

(3)

A description of the status of implementation of a hiring preference for the FSFRC.

(4)

A detailed accounting of any individuals eligible for membership in the FSFRC who were unable to begin working at a new location as a result of being unable to transfer their security clearance, including an assessment of whether they would have been able to port their clearance as a member of the FSFRC if the program had been fully implemented.

(5)

An estimate of the number of individuals who are eligible to join the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals would enroll.

(6)

An estimate of the number of individuals who are enrolled in the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals enrolled.

(7)

An estimate of the number of individuals who were enrolled in each phase of the implementation of the FSFRC as detailed in guidance issued by the Under Secretary for Management.

(8)

An estimate of the number of individuals enrolled in the FSFRC who have successfully transferred a security clearance to a new post since implementation of the program began.

(9)

An estimate of the number of individuals enrolled in the FSFRC who have been unable to successfully transfer a security clearance to a new post since implementation of the program began.

(10)

An estimate of the number of individuals who have declined in writing to apply to the FSFRC.

(c)

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

(1)

the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and

(2)

the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

SEC. 6205. Treatment of Family Members Seeking Positions Customarily Filled by Foreign Service Officers or Foreign National Employees.

Section 311 of the Foreign Service Act of 1980 (22 U.S.C. 3951) is amended by adding at the end the following:

“(e) The Secretary shall hold a family member of a government employee described in subsection (a) seeking employment in a position described in that subsection to the same employment standards as those applicable to Foreign Service officers, Foreign Service personnel, or foreign national employees seeking the same or a substantially similar position.”

SEC. 6206. In-State Tuition Rates for Members of Qualifying Federal Service.

(a)

In General.— Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended—

(1)

in the section heading, by striking “ the armed forces on active duty, spouses, and dependent children” and inserting “ qualifying federal service”;

(2)

in subsection (a), by striking “ member of the armed forces who is on active duty for a period of more than 30 days and” and inserting “ member of a qualifying Federal service”;

(3)

in subsection (b), by striking “ member of the armed forces” and inserting “ member of a qualifying Federal service”; and

(4)

by striking subsection (d) and inserting the following:

“(d) Definitions.—In this section, the term ‘member of a qualifying Federal service’ means—

“(1) a member of the armed forces (as defined in section 101 of title 10, United States Code) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10, United States Code); or

“(2) a member of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) who is on active duty for a period of more than 30 days.”

(b)

Effective Date.— The amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after July 1, 2024.

SEC. 6207. Termination of Residential or Motor Vehicle Leases and Telephone Service Contracts for Certain Members of the Foreign Service.

(a)

In General.— Chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by adding at the end the following new section:

“SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES AND TELEPHONE SERVICE CONTRACTS.

“The terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act.”

(b)

Clerical Amendment.— The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 906 the following new item:

“Sec. 907. Termination of residential or motor vehicle leases and telephone service contracts.”.

TITLE LXIII Barry Goldwater Scholarship and Excellence in Education Modernization Act

SEC. 6301. Short Title.

This title may be cited as the “Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021”.

SEC. 6302. Clarifying Amendments to Definitions.

Section 1403 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4702) is amended—

(1)

by striking paragraph (5) and inserting the following new paragraph (5):

“(5) The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any other territory or possession of the United States.”

; and

(2)

by striking paragraph (6), by inserting the following new paragraph (6):

“(6) The term ‘eligible person’ means—

“(A) a permanent resident alien of the United States;

“(B) a citizen or national of the United States;

“(C) a citizen of the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau; or

“(D) any person who may be admitted to lawfully engage in occupations and establish residence as a nonimmigrant in the United States as permitted under the Compact of Free Association agreements with the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau.”

SEC. 6303. Barry Goldwater Scholarship and Excellence in Education Awards.

(a)

Award of Scholarships, Fellowships, and Research Internships.— Section 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4704(a)) is amended—

(1)

in the subsection heading, by striking “ Award of Scholarships and Fellowships” and inserting “ Award of Scholarships, Fellowships, and Research Internships”;

(2)

in paragraph (1)—

(A)

by striking “ scholarships and fellowships” and inserting “ scholarships, fellowships, and research internships”; and

(B)

by striking “ science and mathematics” and inserting “ the natural sciences, engineering, and mathematics”;

(3)

in paragraph (2), by striking “ mathematics and the natural sciences” and inserting “ the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))”;

(4)

in paragraph (3), by striking “ mathematics and the natural sciences” and inserting “ the natural sciences, engineering, and mathematics”;

(5)

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

(6)

in paragraph (5), as so redesignated, by striking “ scholarships and fellowships” and inserting “ scholarships, fellowships, and research internships”; and

(7)

by inserting after paragraph (3) the following:

“(4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).”

(b)

Barry Goldwater Scholars and Research Interns.— Section 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4704(b)) is amended—

(1)

in the subsection heading, by adding “ and Research Interns” after “ Scholars”; and

(2)

by adding at the end the following new sentence: “ Recipients of research internships under this title shall be known as ‘Barry Goldwater Interns’.”.

SEC. 6304. Stipends.

Section 1406 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4705) is amended by adding at the end the following: “ Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship.”.

SEC. 6305. Scholarship and Research Internship Conditions.

Section 1407 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4706) is amended—

(1)

in the section heading, by inserting “ and research internship” after “ scholarship”;

(2)

in subsection (a)—

(A)

by striking the subsection heading and inserting “ Scholarship Conditions”; and

(B)

by striking “ and devoting full time to study or research and is not engaging in gainful employment other than employment approved by the Foundation”;

(3)

in subsection (b), by striking the subsection heading and inserting “ Reports on Scholarships”; and

(4)

by adding at the end the following:

“(c) Research Internship Conditions.—A person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board.

“(d) Reports on Research Internships.—The Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship.”

SEC. 6306. Sustainable Investments of Funds.

Section 1408 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4707) is amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2)

by inserting after subsection (b) the following:

“(c) Investment in Securities.—Notwithstanding subsection (b), the Secretary of the Treasury may invest any public or private funds received by the Foundation after the date of enactment of the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 in securities other than or in addition to public debt securities of the United States, if—

“(1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and

“(2) the securities in which such funds are invested are traded in established United States markets.

“(d) Construction.—Nothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704, or to increase the amount of the stipend authorized by section 4705, as the Board considers appropriate and is otherwise consistent with the requirements of this title.”

SEC. 6307. Administrative Provisions.

Section 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4710(a)) is amended—

(1)

by striking paragraph (1) and inserting the following:

“(1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709) to carry out the provisions of this title, without regard to the provisions in chapter 33 of title 5, United States Code, governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that—

“(A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and

“(B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section;”

(2)

in paragraph (2), by striking “ grade GS–18 under section 5332 of such title” and inserting “ level IV of the Executive Schedule”;

(3)

in paragraph (7), by striking “ and” at the end;

(4)

by redesignating paragraph (8) as paragraph (10); and

(5)

by inserting after paragraph (7) the following:

“(8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers;

“(9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and”

TITLE LXIV Department of Homeland Security Measures

Subtitle A DHS Headquarters, Research and Development, and Related Matters

SEC. 6401. Employee Engagement Steering Committee and Action Plan.

(a)

In General.— Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

“SEC. 711. EMPLOYEE ENGAGEMENT.

“(a) Steering Committee.—Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities:

“(1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate.

“(2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate.

“(3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate.

“(4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department.

“(5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications.

“(b) Action Plan; Reporting.—The Secretary, acting through the Chief Human Capital Officer, shall—

“(1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and

“(2) require the head of each component to—

“(A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives;

“(B) monitor progress on implementation of such action plan; and

“(C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph.

“(c) Termination.—This section shall terminate on the date that is five years after the date of the enactment of this section.”

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item:

“Sec. 711. Employee engagement.”.

(c)

Submissions to Congress.—

(1)

Department-wide employee engagement action plan.— The Secretary of Homeland Security, acting through the Chief Human Capital Officer 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 the Department-wide employee engagement action plan required under subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1).

(2)

Component-specific employee engagement plans.— Each head of a component 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 the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 711 of the Homeland Security Act of 2002 not later than 30 days after the issuance of each such plan under such subsection (b)(2).

SEC. 6402. Annual Employee Award Program.

(a)

In General.— Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 6401 of this Act, is further amended by adding at the end the following new section:

“SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM.

“(a) In General.—The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall—

“(1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level;

“(2) publicize within the Department how any employee or group of employees may be nominated for an award;

“(3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees;

“(4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and

“(5) publicize such program within the Department.

“(b) Internal Review Board.—The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees.

“(c) Rule of Construction.—Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.”

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 6401 of this Act, is further amended by inserting after the item relating to section 711 the following new item:

“Sec. 712. Annual employee award program.”.

SEC. 6403. Chief Human Capital Officer Responsibilities.

Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by inserting “ , including with respect to leader development and employee engagement,” after “ policies”;

(ii)

by striking “ and in line” and inserting “ , in line”; and

(iii)

by inserting “ and informed by best practices within the Federal Government and the private sector,” after “ priorities,”;

(B)

in paragraph (2), by striking “ develop performance measures to provide a basis for monitoring and evaluating” and inserting “ use performance measures to evaluate, on an ongoing basis,”;

(C)

in paragraph (3), by inserting “ that, to the extent practicable, are informed by employee feedback” after “ policies”;

(D)

in paragraph (4), by inserting “ including leader development and employee engagement programs,” before “ in coordination”;

(E)

in paragraph (5), by inserting before the semicolon at the end the following: “ that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives”;

(F)

by redesignating paragraphs (9) and (10) as paragraphs (13) and (14), respectively; and

(G)

by inserting after paragraph (8) the following new paragraphs:

“(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs;

“(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees;

“(11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department;

“(12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives;”

(2)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

(3)

by inserting after subsection (c) the following new subsection:

“(d) Chief Learning and Engagement Officer.—The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.”

; and

(4)

in subsection (e), as so redesignated—

(A)

by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and

(B)

by inserting after paragraph (1) the following new paragraphs:

“(2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction;

“(3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph (2) of subsection (b);

“(4) information on the activities of the steering committee established pursuant to section 711(a), including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;”

SEC. 6404. Independent Investigation and Implementation Plan.

(a)

In General.— Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions for managers and non-managers are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department that are appropriately calibrated to address the identified misconduct, taking into account relevant aggravating and mitigating factors.

(b)

Consultation.— In carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the Under Secretary for Management of the Department of Homeland Security and the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by section 6401(a) of this Act).

(c)

Action by Under Secretary for Management.— Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 711.

SEC. 6405. Authorization of the Acquisition Professional Career Program.

(a)

In General.— Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by sections 6401 and 6402 of this Act, is further amended by adding at the end the following new section:

“SEC. 713. ACQUISITION PROFESSIONAL CAREER PROGRAM.

“(a) Establishment.—There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department.

“(b) Administration.—The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a).

“(c) Program Requirements.—The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program.

“(1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions.

“(2) Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program.

“(3) Carry out recruitment efforts to attract candidates—

“(A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions;

“(B) with diverse work experience outside of the Federal Government; or

“(C) with military service.

“(4) Hire eligible candidates for designated positions under the program.

“(5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants.

“(6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training.

“(d) Reports.—Not later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information:

“(1) The number of candidates approved for the program.

“(2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information.

“(3) A breakdown of the number of participants hired under the program by type of acquisition position.

“(4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices.

“(5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available.

“(6) The Department’s recruiting efforts for the program.

“(7) The Department’s efforts to promote retention of program participants.

“(e) Definitions.—In this section:

“(1) Hispanic-serving institution.—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).

“(2) Historically black colleges and universities.—The term ‘historically Black colleges and universities’ has the meaning given the term ‘part B institution’ in section 322(2) of Higher Education Act of 1965 (20 U.S.C. 1061(2)).

“(3) Institution of higher education.—The term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by sections 6401 and 6402 of this Act, is further amended by inserting after the item relating to section 712 the following new item:

“Sec. 713. Acquisition professional career program.”.

SEC. 6406. National Urban Security Technology Laboratory.

(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. 322. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.

“(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) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.

“(b) Laboratory Described.—The laboratory described in this subsection is the laboratory—

“(1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and

“(2) transferred to the Department pursuant to section 303(1)(E) of this Act.

“(c) Laboratory Activities.—The National Urban Security Technology Laboratory shall—

“(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;

“(2) act as a technical advisor to emergency response providers; and

“(3) carry out other such 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 is further amended by inserting after the item relating to section 321 the following new item:

“Sec. 322. National Urban Security Technology Laboratory.”.

SEC. 6407. Department of Homeland Security Blue Campaign Enhancement.

Section 434 of the Homeland Security Act of 2002 (6 U.S.C. 242) is amended—

(1)

in subsection (e)(6), by striking “ utilizing resources,” and inserting “ developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursuant to subsection (g), resources”; and

(2)

by adding at the end the following new subsections:

“(f) Web-based Training Programs.—To enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities. During the 10-year period beginning on the date that is 90 days after the date of the enactment of this subsection such training opportunities shall be made available to the following individuals:

“(1) Federal, State, local, Tribal, and territorial law enforcement officers.

“(2) Non-Federal correction system personnel.

“(3) Such other individuals as the Director determines appropriate.

“(g) Blue Campaign Advisory Board.—

“(1) In general.—There is established in the Department a Blue Campaign Advisory Board, which shall be comprised of representatives assigned by the Secretary from—

“(A) the Office for Civil Rights and Civil Liberties of the Department;

“(B) the Privacy Office of the Department; and

“(C) not fewer than four other separate components or offices of the Department.

“(2) Charter.—The Secretary is authorized to issue a charter for the Blue Campaign Advisory Board, and such charter shall specify the following:

“(A) The Board’s mission, goals, and scope of its activities.

“(B) The duties of the Board’s representatives.

“(C) The frequency of the Board’s meetings.

“(3) Consultation.—The Director shall consult the Blue Campaign Advisory Board and, as appropriate, experts from other components and offices of the Center for Countering Human Trafficking of the Department regarding the following:

“(A) Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign.

“(B) The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking.

“(C) Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons.

“(h) Consultation.—With regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts.”

SEC. 6408. Medical Countermeasures Program.

(a)

In General.— Subtitle C of title XIX of the Homeland Security Act of 2002 (6 U.S.C. 597) is amended by adding at the end the following new section:

“SEC. 1932. MEDICAL COUNTERMEASURES.

“(a) In General.—Subject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to—

“(1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and

“(2) support the mission continuity of the Department.

“(b) Oversight.—The Secretary, acting through the Chief Medical Officer of the Department, shall—

“(1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and

“(2) develop standards for—

“(A) medical countermeasure storage, security, dispensing, and documentation;

“(B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate;

“(C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations;

“(D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures;

“(E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic;

“(F) providing training to employees of the Department on medical countermeasures; and

“(G) supporting dispensing exercises.

“(c) Medical Countermeasures Working Group.—The Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent.

“(d) Medical Countermeasures Management.—Not later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including—

“(1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated;

“(2) a replenishment plan; and

“(3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases.

“(e) Transfer.—Not later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer.

“(f) Stockpile Elements.—In determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department—

“(1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and

“(2) may use, if available—

“(A) chemical, biological, radiological, and nuclear risk assessments of the Department; and

“(B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention.

“(g) Briefing.—Not later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding—

“(1) the plan developed under subsection (d); and

“(2) implementation of the requirements of this section.

“(h) Definition.—In this section, the term ‘medical countermeasures’ means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.”

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 1931 the following new item:

“Sec. 1932. Medical countermeasures.”.

SEC. 6409. Critical Domain Research and Development.

(a)

In General.— Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section:

“SEC. 890B. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.

“(a) In General.—

“(1) Research and development.—The Secretary is authorized to conduct research and development to—

“(A) identify United States critical domains for economic security and homeland security; and

“(B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security.

“(2) Requirements.—

“(A) Risk analysis of critical domains.—The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following:

“(i) The vulnerability and resilience of relevant supply chains.

“(ii) Foreign production, processing, and manufacturing methods.

“(iii) Influence of malign economic actors.

“(iv) Asset ownership.

“(v) Relationships within the supply chains of such domains.

“(vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction.

“(B) Additional research into high-risk critical domains.—Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall—

“(i) describe the underlying infrastructure and processes;

“(ii) analyze present and projected performance of industries that comprise or support such domain;

“(iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area;

“(iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries;

“(v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints;

“(vi) identify and define needs and requirements to establish supply resiliency within each such domain; and

“(vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances.

“(3) Consultation.—In conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders.

“(4) Publication.—Beginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026.

“(b) Submission to Congress.—Not later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report.

“(c) Definitions.—In this section:

“(1) United states critical domains for economic security.—The term ‘United States critical domains for economic security’ means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States.

“(2) Economic security.—The term ‘economic security’ means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values.

“(d) Authorization of Appropriations.—There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.”

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 890A the following new item:

“Sec. 890B. Homeland security critical domain research and development.”.

SEC. 6410. Cbp Donations Acceptance Program Reauthorization.

Section 482 of the Homeland Security Act of 2002 (6 U.S.C. 301a) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

in subparagraph (B), by inserting “ or -leased” before “ land”; and

(ii)

in subparagraph (C)—

(I)

in the matter preceding clause (i), by inserting “ or -leased” before “ land”;

(II)

in clause (i), by striking “ $50,000,000” and inserting “ $75,000,000”; and

(III)

by amending clause (ii) to read as follows:

“(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.”

; and

(B)

in paragraph (3), in the matter preceding subparagraph (A), by inserting “ or -leased” before “ land”;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking “ Administrator of the General Services Administration” and inserting “ Administrator of General Services”;

(B)

in paragraph (1)(C)—

(i)

in clause (i), by striking “ $50,000,000” and inserting “ $75,000,000”; and

(ii)

by amending clause (ii) to read as follows:

“(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.”

; and

(C)

in paragraph (4)—

(i)

in subparagraph (A), by striking “ terminate” and all that follows through the period at the end and inserting “ terminate on December 31, 2026.”; and

(ii)

in subparagraph (B), by striking “ carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date” and inserting “ a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date”;

(3)

in subsection (c)(6)(B), by striking “ the donation will not be used for the construction of a detention facility or a border fence or wall.” and inserting the following:

“(i) the donation will not be used for the construction of a detention facility or a border fence or wall; and

“(ii) the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise.”

(4)

in subsection (d), in the matter preceding paragraph (1), by striking “ annual” and inserting “ biennial”; and

(5)

in subsection (e), by striking “ Administrator of the General Services Administration” and inserting “ Administrator of General Services”.

Subtitle B Transportation Security

SEC. 6411. Survey of the Transportation Security Administration Workforce Regarding Covid–19 Response.

(a)

Survey.— Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”), in consultation with the labor organization certified as the exclusive representative of full- and part-time nonsupervisory Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall conduct a survey of the Transportation Security Administration (referred to in this section as the “Administration”) workforce regarding the Administration’s response to the COVID–19 pandemic. Such survey shall be conducted in a manner that allows for the greatest practicable level of workforce participation.

(b)

Contents.— In conducting the survey required under subsection (a), the Administrator shall solicit feedback on the following:

(1)

The Administration’s communication and collaboration with the Administration’s workforce regarding the Administration’s response to the COVID–19 pandemic and efforts to mitigate and monitor transmission of COVID–19 among its workforce, including through—

(A)

providing employees with personal protective equipment and mandating its use;

(B)

modifying screening procedures and Administration operations to reduce transmission among officers and passengers and ensuring compliance with such changes;

(C)

adjusting policies regarding scheduling, leave, and telework;

(D)

outreach as a part of contact tracing when an employee has tested positive for COVID–19; and

(E)

encouraging COVID–19 vaccinations and efforts to assist employees that seek to be vaccinated such as communicating the availability of duty time for travel to vaccination sites and recovery from vaccine side effects.

(2)

Any other topic determined appropriate by the Administrator.

(c)

Report.— Not later than 30 days after completing the survey required under subsection (a), the Administration shall provide a report summarizing the results of the survey to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 6412. Transportation Security Preparedness Plan.

(a)

Plan Required.— Section 114 of title 49, United States Code, is amended by adding at the end the following new subsection:

“(x) Transportation Security Preparedness Plan.—

“(1) In general.—Not later than two years after the date of the enactment of this subsection, the Secretary of Homeland Security, acting through the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transportation security preparedness plan to address the event of a communicable disease outbreak. The Secretary, acting through the Administrator, shall ensure such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks.

“(2) Considerations.—In developing the plan required under paragraph (1), the Secretary, acting through the Administrator, shall consider each of the following:

“(A) The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022.

“(B) The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022.

“(C) The plan required under section 6415 of the National Defense Authorization Act for Fiscal Year 2022.

“(D) All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security.

“(E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic.

“(3) Contents of plan.—The plan developed under paragraph (1) shall include each of the following:

“(A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners:

“(i) Appropriate Federal departments and agencies, including the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Transportation, the Department of Labor, and appropriate interagency task forces.

“(ii) The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title.

“(iii) International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers.

“(iv) Public and private stakeholders, as such term is defined under subsection (t)(1)(C).

“(v) The traveling public.

“(B) Plans for protecting the safety of the Transportation Security Administration workforce, including—

“(i) reducing the risk of communicable disease transmission at screening checkpoints and within the Administration’s workforce related to the Administration’s transportation security operations and mission;

“(ii) ensuring the safety and hygiene of screening checkpoints and other workstations;

“(iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and

“(iv) tracking rates of employee illness, recovery, and death.

“(C) Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions.

“(D) Contingency plans for temporarily adjusting checkpoint operations to provide for passenger and employee safety while maintaining security during the communicable disease outbreak.

“(E) Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation, to address such communicable disease outbreak.

“(F) A description of scenarios in which the Administrator should consider exercising authorities provided under subsection (g) and for what purposes.

“(G) Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures.

“(H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak.

“(4) Dissemination.—Upon development of the plan required under paragraph (1), the Administrator shall disseminate the plan to the partners identified under paragraph (3)(A) and to the Committee on Homeland Security 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.

“(5) Review of plan.—Not later than two years after the date on which the plan is disseminated under paragraph (4), and biennially thereafter, the Secretary, acting through the Administrator and in coordination with the Chief Medical Officer of the Department of Homeland Security, shall review the plan and, after consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan as appropriate.”

(b)

Comptroller General Report.— Not later than one year after the date on which the transportation security preparedness plan required under subsection (x) of section 114 of title 49, United States Code, as added by subsection (a), is disseminated under paragraph (4) of such subsection (x), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study assessing the transportation security preparedness plan, including an analysis of—

(1)

whether such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks; and

(2)

the extent to which the Transportation Security Administration is prepared to implement the plan.

SEC. 6413. Authorization of Transportation Security Administration Personnel Details.

(a)

Coordination.— Pursuant to sections 106(m) and 114(m) of title 49, United States Code, the Administrator of the Transportation Security Administration may provide Transportation Security Administration personnel, who are not engaged in front line transportation security efforts, to other components of the Department and other Federal agencies to improve coordination with such components and agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States.

(b)

Briefing.— Not later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding efforts to improve coordination with other components of the Department of Homeland Security and other Federal agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States.

SEC. 6414. Transportation Security Administration Preparedness.

(a)

Analysis.—

(1)

In general.— The Administrator of the Transportation Security Administration shall conduct an analysis of preparedness of the transportation security system of the United States for public health threats. Such analysis shall assess, at a minimum, the following:

(A)

The risks of public health threats to the transportation security system of the United States, including to transportation hubs, transportation security stakeholders, Transportation Security Administration (TSA) personnel, and passengers.

(B)

Information sharing challenges among relevant components of the Department of Homeland Security, other Federal agencies, international entities, and transportation security stakeholders.

(C)

Impacts to TSA policies and procedures for securing the transportation security system.

(2)

Coordination.— The analysis conducted of the risks described in paragraph (1)(A) shall be conducted in coordination with the Chief Medical Officer of the Department of Homeland Security, the Secretary of Health and Human Services, and transportation security stakeholders.

(b)

Briefing.— Not later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees on the following:

(1)

The analysis required under subsection (a).

(2)

Technologies necessary to combat public health threats at security screening checkpoints, such as testing and screening technologies, including temperature screenings, to better protect from future public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area of an airport through such checkpoints, and the estimated cost of technology investments needed to fully implement across the aviation system solutions to such threats.

(3)

Policies and procedures implemented by TSA and transportation security stakeholders to protect from public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area through the security screening checkpoints, as well as future plans for additional measures relating to such protection.

(4)

The role of TSA in establishing priorities, developing solutions, and coordinating and sharing information with relevant domestic and international entities during a public health threat to the transportation security system, and how TSA can improve its leadership role in such areas.

(c)

Definitions.— In this section:

(1)

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 and the Committee on Commerce, Science, and Transportation of the Senate.

(2)

The term “sterile area” has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations.

(3)

The term “TSA” means the Transportation Security Administration.

SEC. 6415. Plan to Reduce the Spread of Coronavirus at Passenger Screening Checkpoints.

(a)

In General.— Not later than 90 days after the date of the enactment of this Act, the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, as appropriate, security operations at airports during the COVID–19 national emergency in order to reduce risk of the spread of the coronavirus at passenger screening checkpoints and among the TSA workforce.

(b)

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

(1)

An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully contained, that could be further integrated into the United States aviation security system.

(2)

Specific operational changes to aviation security screening operations informed by the identification of best practices and screening technologies under paragraph (1) that could be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes.

(c)

Considerations.— In carrying out the identification of best practices under subsection (b), the Administrator shall take into consideration the following:

(1)

Aviation security screening procedures and practices in place at security screening locations, including procedures and practices implemented in response to the coronavirus.

(2)

Volume and average wait times at each such security screening location.

(3)

Public health measures already in place at each such security screening location.

(4)

The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place.

(5)

The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices implemented in response to the COVID–19 national emergency beyond the end of such emergency.

(d)

Consultation.— In developing the plan required under subsection (a), the Administrator may consult with public and private stakeholders and the TSA workforce, including through the labor organization certified as the exclusive representative of full- and part-time nonsupervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code.

(e)

Submission.— Upon issuance of the plan required under subsection (a), the Administrator shall submit the plan to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(f)

Issuance and Implementation.— The Administrator shall not be required to issue or implement, as the case may be, the plan required under subsection (a) upon the termination of the COVID–19 national emergency except to the extent the Administrator determines such issuance or implementation, as the case may be, to be feasible and beneficial to security screening operations.

(g)

GAO Review.— Not later than one year after the issuance of the plan required under subsection (a) (if such plan is issued in accordance with subsection (f)), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review, if appropriate, of such plan and any efforts to implement such plan.

(h)

Definitions.— In this section:

(1)

The term “Administrator” means the Administrator of the Transportation Security Administration.

(2)

The term “coronavirus” has the meaning given such term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123).

(3)

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.

(4)

The term “public and private stakeholders” has the meaning given such term in section 114(t)(1)(C) of title 49, United States Code.

(5)

The term “TSA” means the Transportation Security Administration.

SEC. 6416. Comptroller General Review of Department of Homeland Security Trusted Traveler Programs.

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 of Department of Homeland Security trusted traveler programs. Such review shall examine the following:

(1)

The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual’s enrollment in a trusted traveler program being reinstated.

(2)

Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department’s own redress processes but which offenses impact an individual’s enrollment in a trusted traveler program.

(3)

How the Department may improve individuals’ access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity.

(4)

The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program.

SEC. 6417. Enrollment Redress with Respect to Department of Homeland Security Trusted Traveler Programs.

Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual.

SEC. 6418. Threat Information Sharing.

(a)

Prioritization.— The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, of information regarding threats of terrorism and other threats, including targeted violence.

(b)

Intelligence Products.— Officers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that—

(1)

assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats;

(2)

promote more consistent and timely sharing with and among jurisdictions of threat information; and

(3)

enhance the Department of Homeland Security’s situational awareness of such threats.

(c)

Clearances.— The Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and to any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive order.

(d)

Report to Congress.— Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section.

(e)

GAO 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 Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface transportation assets.

(f)

Definitions.— In this section:

(1)

The term “surface transportation asset” includes facilities, equipment, or systems used to provide transportation services by—

(A)

a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 1131(5)));

(B)

a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code);

(C)

an owner or operator of—

(i)

an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 1151(4))); or

(ii)

a bus terminal; or

(D)

other transportation facilities, equipment, or systems, as determined by the Secretary.

(2)

The term “targeted violence” means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death.

(3)

The term “terrorism” means the terms—

(A)

domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and

(B)

international terrorism (as such term is defined in section 2331(1) of title 18, United States Code).

SEC. 6419. Local Law Enforcement Security Training.

(a)

In General.— The Secretary of Homeland Security, in consultation with public and private sector stakeholders, may in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to threats of terrorism and other threats, including targeted violence, at a surface transportation asset.

(b)

Requirements.— If the Secretary of Homeland Security develops the training program described in subsection (a), such training program shall—

(1)

be informed by current information regarding tactics used by terrorists and others engaging in targeted violence;

(2)

include tactical instruction tailored to the diverse nature of the surface transportation asset operational environment; and

(3)

prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) and officers employed by railroad carriers that operate passenger service, including interstate passenger service.

(c)

Report.— If the Secretary of Homeland Security develops the training program described in subsection (a), not later than one year after the date on which the Secretary first implements the program, and annually thereafter during each year the Secretary carries out the program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the program. Each such report shall include, for the year covered by the report—

(1)

a description of the curriculum for the training and any changes to such curriculum;

(2)

an identification of any contracts entered into for the development or provision of training under the program;

(3)

information on the law enforcement agencies the personnel of which received the training, and for each such agency, the number of participants; and

(4)

a description of the measures used to ensure the program was carried out to provide for protections of privacy rights, civil rights, and civil liberties.

(d)

Definitions.— In this section:

(1)

The term “public and private sector stakeholders” has the meaning given such term in section 114(t)(1)(c) of title 49, United States Code.

(2)

The term “surface transportation asset” includes facilities, equipment, or systems used to provide transportation services by—

(A)

a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 1131(5)));

(B)

a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code);

(C)

an owner or operator of—

(i)

(ii)

a bus terminal; or

(D)

other transportation facilities, equipment, or systems, as determined by the Secretary.

(3)

(4)

The term “terrorism” means the terms—

(A)

domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and

(B)

international terrorism (as such term is defined in section 2331(1) of title 18, United States Code).

SEC. 6420. Allowable Uses of Funds for Public Transportation Security Assistance Grants.

Subparagraph (A) of section 1406(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135(b)(2); Public Law 110–53) is amended by inserting “ and associated backfill” after “ security training”.

SEC. 6421. Periods of Performance for Public Transportation Security Assistance Grants.

Section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53) is amended—

(1)

by redesignating subsection (m) as subsection (n); and

(2)

by inserting after subsection (l) the following new subsection:

“(m) Periods of Performance.—

“(1) In general.—Except as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months.

“(2) Exception.—Funds provided pursuant to a grant awarded under this section for a use specified in subparagraph (M) or (N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months.”

SEC. 6422. Gao Review of Public Transportation Security Assistance Grant Program.

(a)

In General.— The Comptroller General of the United States shall conduct a review of the public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53).

(b)

Scope.— The review required under paragraph (1) shall include the following:

(1)

An assessment of the type of projects funded under the public transportation security grant program referred to in such paragraph.

(2)

An assessment of the manner in which such projects address threats to public transportation infrastructure.

(3)

An assessment of the impact, if any, of sections 5342 through 5345 (including the amendments made by this Act) on types of projects funded under the public transportation security assistance grant program.

(4)

An assessment of the management and administration of public transportation security assistance grant program funds by grantees.

(5)

Recommendations to improve the manner in which public transportation security assistance grant program funds address vulnerabilities in public transportation infrastructure.

(6)

Recommendations to improve the management and administration of the public transportation security assistance grant program.

(c)

Report.— Not later than one year after the date of the enactment of this Act and again not later than five years after such date of enactment, 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 on the review required under this section.

SEC. 6423. Sensitive Security Information; Aviation Security.

(a)

Sensitive Security Information.—

(1)

In general.— Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall—

(A)

ensure clear and consistent designation of “Sensitive Security Information”, including reasonable security justifications for such designation;

(B)

develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Security Information identification guidelines;

(C)

develop a tracking mechanism for all Sensitive Security Information redaction and designation challenges;

(D)

document justifications for changes in position regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; and

(E)

ensure that TSA personnel are adequately trained on appropriate designation policies.

(2)

Stakeholder outreach.— Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall conduct outreach to relevant stakeholders described in paragraph (1)(D) that regularly are granted access to Sensitive Security Information to raise awareness of the TSA’s policies and guidelines governing the designation and use of Sensitive Security Information.

(b)

Aviation Security.—

(1)

In general.— Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and implement guidelines with respect to domestic and last point of departure airports to—

(A)

ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and implementation of security directives and emergency amendments;

(B)

document input provided by air carriers, domestic airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes;

(C)

define a process, including timeframes, and with the inclusion of feedback from air carriers, domestic airport operators, and other transportation security stakeholders, for cancelling or incorporating security directives and emergency amendments into security programs;

(D)

conduct engagement with foreign partners on the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments; and

(E)

ensure that new security directives and emergency amendments are focused on defined security outcomes.

(2)

Briefing to congress.— Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the guidelines described in paragraph (1).

(3)

Decisions not subject to judicial review.— Notwithstanding any other provision of law, any action of the Administrator of the Transportation Security Administration under paragraph (1) is not subject to judicial review.

TITLE LXV Other Matters Relating to Foreign Affairs

SEC. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations.

(a)

In General.— The United States is authorized to participate in the Coalition for Epidemic Preparedness Innovations (referred to in this section as “CEPI”).

(b)

Investors Council and Board of Directors.—

(1)

Initial designation.— The President shall designate an employee of the United States Agency for International Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States during the period beginning on the date of such designation and ending on September 30, 2022.

(2)

Ongoing designations.— The President may designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to CEPI to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States.

(3)

Qualifications.— Any employee designated pursuant to paragraph (1) or (2) shall have demonstrated knowledge and experience in the field of development and, if designated from a Federal department or agency with primary fiduciary responsibility for United States contributions pursuant to paragraph (2), in the field of public health, epidemiology, or medicine.

(4)

Coordination.— In carrying out the responsibilities under this section, any employee designated pursuant to paragraph (1) or (2) shall coordinate with the Secretary of Health and Human Services to promote alignment, as appropriate, between CEPI and the strategic objectives and activities of the Secretary of Health and Human Services with respect to the research, development, and procurement of medical countermeasures, consistent with titles III and XXVIII of the Public Health Service Act (42 U.S.C. 241 et seq. and 300hh et seq.).

(c)

Consultation.— Not later than 60 days after the date of the enactment of this Act, the employee designated pursuant to subsection (b)(1) shall consult with the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives regarding—

(1)

the manner and extent to which the United States plans to participate in CEPI, including through the governance of CEPI;

(2)

any planned financial contributions from the United States to CEPI; and

(3)

how participation in CEPI is expected to support—

(A)

the applicable revision of the National Biodefense Strategy required under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and

(B)

any other relevant programs relating to global health security and biodefense.

SEC. 6502. Required Notification and Reports Related to Peacekeeping Operations Account.

(a)

Congressional Notification.— Not later than 15 days prior to the obligation of amounts made available to provide assistance pursuant to section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348), the Secretary of State shall submit to the appropriate congressional committees a notification, in accordance with the applicable procedures under section 634A of such Act (22 U.S.C. 2394–1), that includes, with respect to such assistance, the following:

(1)

An itemized identification of each foreign country or entity the capabilities of which the assistance is intended to support.

(2)

An identification of the amount, type, and purpose of assistance to be provided to each such country or entity.

(3)

An assessment of the capacity of each such country or entity to effectively implement, benefit from, or use the assistance to be provided for the intended purpose identified under paragraph (2).

(4)

A description of plans to encourage and monitor adherence to international human rights and humanitarian law by the foreign country or entity receiving the assistance.

(5)

An identification of any implementers, including third party contractors or other such entities, and the anticipated timeline for implementing any activities to carry out the assistance.

(6)

As applicable, a description of plans to sustain and account for any military or security equipment and subsistence funds provided as an element of the assistance beyond the date of completion of such activities, including the estimated cost and source of funds to support such sustainment.

(7)

An assessment of how such activities promote the following:

(A)

The diplomatic and national security objectives of the United States.

(B)

The objectives and regional strategy of the country or entity receiving the assistance.

(C)

The priorities of the United States regarding the promotion of good governance, rule of law, the protection of civilians, and human rights.

(D)

The peacekeeping capabilities of partner countries of the country or entity receiving the assistance, including an explanation if such activities do not support peacekeeping.

(8)

An assessment of the possible impact of such activities on local political and social dynamics, including a description of any consultations with local civil society.

(b)

Reports on Programs Under Peacekeeping Operations Account.—

(1)

Annual report.— Not later than 90 days after the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on any security assistance made available, during the three fiscal years preceding the date on which the report is submitted, to foreign countries that received assistance authorized under section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348) for any of the following purposes:

(A)

Building the capacity of the foreign military, border security, or law enforcement entities, of the country.

(B)

Strengthening the rule of law of the country.

(C)

Countering violent extremist ideology or recruitment within the country.

(2)

Matters.— Each report under paragraph (1) shall include, with respect to each foreign country that has received assistance as specified in such paragraph, the following:

(A)

An identification of the authority used to provide such assistance and a detailed description of the purpose of assistance provided.

(B)

An identification of the amount of such assistance and the program under which such assistance was provided.

(C)

A description of the arrangements to sustain any equipment provided to the country as an element of such assistance beyond the date of completion of the assistance, including the estimated cost and source of funds to support such sustainment.

(D)

An assessment of the impact of such assistance on the peacekeeping capabilities and security situation of the country, including with respect to the levels of conflict and violence, the local, political, and social dynamics, and the human rights record, of the country.

(c)

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; and

(2)

the Committees on Appropriations of the Senate and of the House of Representatives.

SEC. 6503. Transnational Repression Accountability and Prevention.

(a)

Sense of Congress.— It is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL’s databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists.

(b)

Support for INTERPOL Institutional Reforms.— The Attorney General and the Secretary of State shall—

(1)

use the voice, vote, and influence of the United States, as appropriate, within INTERPOL’s General Assembly and Executive Committee to promote reforms aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data, including—

(A)

supporting INTERPOL’s reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data (RPD);

(B)

supporting and strengthening INTERPOL’s coordination with the Commission for Control of INTERPOL’s Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts;

(C)

increasing, to the extent practicable, dedicated funding to the CCF and the Notices and Diffusions Task Force in order to further expand operations related to the review of requests for red notices and red diffusions;

(D)

supporting candidates for positions within INTERPOL’s structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law;

(E)

seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of—

(i)

the number of Notice requests, disaggregated by color, that it received;

(ii)

the number of Notice requests, disaggregated by color, that it rejected;

(iii)

the category of violation identified in each instance of a rejected Notice;

(iv)

the number of Diffusions that it cancelled without reference to decisions by the CCF; and

(v)

the sources of all INTERPOL income during the reporting period; and

(F)

supporting greater transparency by the CCF in its annual report by providing a detailed account, disaggregated by country, of—

(i)

the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications; and

(ii)

the category of violation alleged in each such complaint;

(2)

inform the INTERPOL General Secretariat about incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken by INTERPOL; and

(3)

request to censure member countries that repeatedly abuse and misuse INTERPOL’s red notice and red diffusion mechanisms, including restricting the access of those countries to INTERPOL’s data and information systems.

(c)

Report on INTERPOL.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, and biannually thereafter for a period of 4 years, the Attorney General and the Secretary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years.

(2)

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

(A)

A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes.

(B)

A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited.

(C)

An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL’s Files (CCF), an assessment of the CCF’s March 2017 Operating Rules, and any shortcoming the United States believes should be addressed.

(D)

A description of how INTERPOL’s General Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL’s rules and how INTERPOL reviews and addresses cases in which a member country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes.

(E)

A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents.

(F)

A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.

(G)

A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity.

(H)

A description of United States advocacy for reform and good governance within INTERPOL.

(I)

A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.

(3)

Form of report.— Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice.

(4)

Briefing.— Not later than 30 days after the submission of each report under paragraph (1), the Department of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL.

(d)

Prohibition Regarding Basis for Extradition.— No United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual.

(e)

Definitions.— In this section:

(1)

Appropriate committees of congress.— The term “appropriate committees of Congress” means—

(A)

the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and

(B)

the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.

(2)

INTERPOL communications.— The term “INTERPOL communications” means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL.

SEC. 6504. Human Rights Awareness for American Athletic Delegations.

(a)

Sense of Congress.— It is the sense of Congress that individuals representing the United States at international athletic competitions in foreign countries should have the opportunity to be informed about human rights and security concerns in such countries and how best to safeguard their personal security and privacy.

(b)

In General.—

(1)

In general.— Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall devise and implement a strategy for disseminating briefing materials, including information described in subsection (c), to individuals representing the United States at international athletic competitions in a covered country.

(2)

Timing and form of materials.—

(A)

In general.— The briefing materials referred to in paragraph (1) shall be offered not later than 180 days prior to the commencement of an international athletic competition in a covered country.

(B)

Form of delivery.— Briefing materials related to the human rights record of covered countries may be delivered electronically or disseminated in person, as appropriate.

(C)

Special consideration.— Information briefing materials related to personal security risks may be offered electronically, in written format, by video teleconference, or prerecorded video.

(3)

Consultations.— In devising and implementing the strategy required under paragraph (1), the Secretary of State shall consult with the following:

(A)

The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, not later than 90 days after the date of the enactment of this Act.

(B)

Leading human rights nongovernmental organizations and relevant subject-matter experts in determining the content of the briefings required under this subsection.

(C)

The United States Olympic and Paralympic Committee and the national governing bodies of amateur sports that play a role in determining which individuals represent the United States in international athletic competitions, regarding the most appropriate and effective method to disseminate briefing materials.

(c)

Content of Briefings.— The briefing materials required under subsection (b) shall include, with respect to a covered country hosting an international athletic competition in which individuals may represent the United States, the following:

(1)

Information on the human rights concerns present in such covered country, as described in the Department of State’s Annual Country Reports on Human Rights Practices.

(2)

Information, as applicable, on risks such individuals may face to their personal and digital privacy and security, and recommended measures to safeguard against certain forms of foreign intelligence targeting, as appropriate.

(d)

Covered Country Defined.— In this section, the term “covered country” means, with respect to a country hosting an international athletic competition in which individuals representing the United States may participate, any of the following:

(1)

Any Communist country specified in subsection (f) of section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)).

(2)

Any country ranked as a Tier 3 country in the most recent Department of State’s annual Trafficking in Persons Report.

(3)

Any other country the Secretary of State determines presents serious human rights concerns for the purpose of informing such individuals.

(4)

Any country the Secretary of State, in consultation with other cabinet officials as appropriate, determines presents a serious counterintelligence risk.

SEC. 6505. Cooperation Between the United States and Ukraine Regarding the Titanium Industry.

(a)

Statement of Policy.— It is the policy of the United States to engage with the Government of Ukraine on cooperation in the titanium industry as a potential alternative to Chinese and Russian sources on which the United States and Europe currently depend.

(b)

Reporting Requirement.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the feasibility of utilizing titanium sources from Ukraine as a potential alternative to Chinese and Russian sources.

(c)

Form.— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.

(d)

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

(1)

the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and

(2)

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

SEC. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing.

The Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9501 et seq.) is amended—

(1)

in section 261(b)(2)—

(A)

by striking “ 2020” and inserting “ 2024”; and

(B)

by striking “ 2022” and inserting “ 2026”;

(2)

in section 262—

(A)

in paragraph (1)—

(i)

by striking “ in the documents entitled ‘2015 National Money Laundering Risk Assessment’ and ‘2015 National Terrorist Financing Risk Assessment’,” and inserting “ in the documents entitled ‘2020 National Strategy for Combating Terrorist and Other Illicit Financing’ and ‘2022 National Strategy for Combating Terrorist and Other Illicit Financing’ ”; and

(ii)

by striking “ the broader counter terrorism strategy of the United States” and inserting “ the broader counter terrorism and national security strategies of the United States”;

(B)

in paragraph (6)—

(i)

by striking “ Prevention of illicit finance” and inserting “ prevention, detection, and disruption of illicit finance”;

(ii)

by striking “ private financial sector” and inserting “ private sector, including financial and other relevant industries,”; and

(iii)

by striking “ with regard to the prevention and detection of illicit finance” and inserting “ with regard to the prevention, detection, and disruption of illicit finance”; and

(C)

in paragraph (8), by striking “ such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime,”.

SEC. 6507. Report on Net Worth of Syrian President Bashar Al-Assad.

(a)

In General.— Not later than 120 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 estimated net worth and known sources of income of Syrian President Bashar al-Assad and his family members (including spouse, children, siblings, and paternal and maternal cousins), including income from corrupt or illicit activities and including assets, investments, other business interests, and relevant beneficial ownership information.

(b)

Form.— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.

SEC. 6508. Annual Report on United States Policy Toward South Sudan.

(a)

Sense of Congress.— It is the sense of Congress that—

(1)

the signatories to the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on September 12, 2018, have delayed implementation, leading to continued conflict and instability in South Sudan;

(2)

despite years of fighting, 2 peace agreements, punitive actions by the international community, and widespread suffering among civilian populations, the leaders of South Sudan have failed to build sustainable peace;

(3)

the United Nations arms embargo on South Sudan, most recently extended by 1 year to May 31, 2022, through United Nations Security Council Resolution 2577 (2021), is necessary to stem the illicit transfer and destabilizing accumulation and misuse of small arms and light weapons in perpetuation of the conflict in South Sudan;

(4)

the United States should call on other member states of the United Nations to redouble efforts to enforce the United Nations arms embargo on South Sudan; and

(5)

the United States, through the United States Mission to the United Nations, should use its voice and vote in the United Nations Security Council in favor of maintaining the United Nations arms embargo on South Sudan until—

(A)

the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan is fully implemented; or

(B)

credible, fair, and transparent democratic elections are held in South Sudan.

(b)

Report Required.—

(1)

In general.— Not later than 90 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other Federal department and agencies as necessary, shall submit to the appropriate congressional committees a report on United States policy toward South Sudan, including the most recent approved interagency strategy developed to address political, security, and humanitarian issues prevalent in the country since it gained independence from Sudan in July 2011.

(2)

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

(A)

An assessment of the situation in South Sudan, including the role of South Sudanese government officials in intercommunal violence, corruption, and obstruction of the peace process.

(B)

An assessment of the status of the implementation of the 2018 R-ARCSS and the ongoing peace processes.

(C)

A detailed description of United States assistance and other efforts to support peace processes in South Sudan, including an assessment of the efficacy of stakeholder engagement and United States assistance to advance peacebuilding, conflict mitigation, and other related activities.

(D)

An assessment of the United Nations Mission in South Sudan capacity and progress in fulfilling its mandate over the last 3 fiscal years.

(E)

A detailed description of United States funding for emergency and non-emergency humanitarian and development assistance to South Sudan, as well as support provided to improve anti-corruption and fiscal transparency efforts in South Sudan over the last 5 fiscal years.

(F)

A summary of United States efforts to promote accountability for human rights abuses and an assessment of efforts by the Government of South Sudan and the African Union, respectively, to hold responsible parties accountable.

(G)

Analysis of the impact of domestic and international sanctions on deterring and combating corruption, mitigating and reducing conflict, and holding those responsible for human rights abuses accountable.

(H)

An assessment of the prospects for, and impediments to, holding credible general elections.

(3)

Form.— The report required by paragraph (1) shall be submitted in unclassified form and posted to a website of the Department of State, may include a classified annex, and shall be accompanied by a briefing as determined necessary.

(c)

Briefing.— Not later than 90 days after the date of the enactment of this Act and annually thereafter for 2 years, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other Federal department and agencies as necessary, shall brief the appropriate congressional committees on United States efforts, including assistance provided by the Department of Treasury and United States law enforcement and intelligence communities, to detect and deter money laundering and counter illicit financial flows, trafficking in persons, weapons, and other illicit goods, and the financing of terrorists and armed groups. Such briefing shall be provided in unclassified setting and may include a classified briefing as determined necessary.

(d)

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

(1)

the Committee on Foreign Relations, the Committee on Banking, and the Committee on Appropriations of the Senate;

(2)

the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.

SEC. 6509. Strategy for Engagement with Southeast Asia and Asean.

(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 other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a comprehensive strategy for engagement with Southeast Asia and the Association of Southeast Asian Nations (ASEAN).

(b)

Matters To Be Included.— The strategy required by subsection (a) shall include the following:

(1)

A statement of enduring United States interests in Southeast Asia and a description of efforts to bolster the effectiveness of ASEAN.

(2)

A description of efforts to—

(A)

deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic connectivity, and expand opportunities for ASEAN to work with other like-minded partners in the region; and

(B)

encourage like-minded partners outside of the Indo-Pacific region to engage with ASEAN.

(3)

A summary of initiatives across the whole of the United States Government to strengthen the United States partnership with Southeast Asian nations and ASEAN, including to promote broad based and inclusive economic growth, trade, investment, energy innovation and sustainability, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and global health security, and economic, political, and public diplomacy in Southeast Asia.

(4)

A summary of initiatives across the whole of the United States Government to enhance the capacity of Southeast Asian nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as an institution in these areas.

(5)

A summary of initiatives across the whole of the United States Government to promote human rights and democracy, to strengthen the rule of law, civil society, and transparent governance, to combat disinformation and to protect the integrity of elections from outside influence.

(6)

A summary of initiatives to promote security cooperation and security assistance within Southeast Asian nations, including—

(A)

maritime security and maritime domain awareness initiatives for protecting the maritime commons and supporting international law and freedom of navigation in the South China Sea; and

(B)

efforts to combat terrorism, human trafficking, piracy, and illegal fishing, and promote more open, reliable routes for sea lines of communication.

(c)

Distribution of Strategy.— For the purposes of assuring allies and partners in Southeast Asia and deepening United States engagement with ASEAN, the Secretary of State shall direct each United States chief of mission to ASEAN and its member states to distribute the strategy required by subsection (a) to host governments.

(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. 6510. Supporting Democracy in Burma.

(a)

Defined Term.— In this section, the term “appropriate congressional committees” means—

(1)

the Committee on Foreign Relations of the Senate;

(2)

the Committee on Foreign Affairs of the House of Representatives;

(3)

the Committee on Appropriations of the Senate;

(4)

the Committee on Appropriations of the House of Representatives;

(5)

the Committee on Armed Services of the Senate;

(6)

the Committee on Armed Services of the House of Representatives;

(7)

the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(8)

the Committee on Financial Services of the House of Representatives.

(b)

Briefing Required.—

(1)

In general.— Not later than 60 days after the date of the enactment of this Act, the following officials shall jointly brief the appropriate congressional committees regarding actions taken by the United States Government to further United States policy and security objectives in Burma (officially known as the “Republic of the Union of Myanmar”):

(A)

The Assistant Secretary of State for East Asian and Pacific Affairs.

(B)

The Counselor of the Department of State.

(C)

The Under Secretary of the Treasury for Terrorism and Financial Intelligence.

(D)

The Assistant to the Administrator for the Bureau for Conflict Prevention and Stabilization.

(E)

Additional officials from the Department of Defense or the Intelligence Community, as appropriate.

(2)

Information required.— The briefing required under paragraph (1) shall include—

(A)

a detailed description of the specific United States policy and security objectives in Burma;

(B)

information about any actions taken by the United States, either directly or in coordination with other countries—

(i)

to support and legitimize the National Unity Government of the Republic of the Union of Myanmar, The Civil Disobedience Movement in Myanmar, and other entities promoting democracy in Burma, while simultaneously denying legitimacy and resources to the Myanmar’s military junta;

(ii)

to impose costs on Myanmar’s military junta, including—

(I)

an assessment of the impact of existing United States and international sanctions; and

(II)

a description of potential prospects for additional sanctions;

(iii)

to secure the restoration of democracy, the establishment of inclusive and representative civilian government, with a reformed military reflecting the diversity of Burma and under civilian control, and the enactment of constitutional, political, and economic reform in Burma;

(iv)

to secure the unconditional release of all political prisoners in Burma;

(v)

to promote genuine national reconciliation among Burma’s diverse ethnic and religious groups;

(vi)

to ensure accountability for atrocities, human rights violations, and crimes against humanity committed by Myanmar’s military junta; and

(vii)

to avert a large-scale humanitarian disaster;

(C)

an update on the current status of United States assistance programs in Burma, including—

(i)

humanitarian assistance for affected populations, including internally displaced persons and efforts to mitigate humanitarian and health crises in neighboring countries and among refugee populations;

(ii)

democracy assistance, including support to the National Unity Government of the Republic of the Union of Myanmar and civil society groups in Burma;

(iii)

economic assistance; and

(iv)

global health assistance, including COVID–19 relief; and

(D)

a description of the strategic interests in Burma of the People’s Republic of China and the Russian Federation, including—

(i)

access to natural resources and lines of communications to sea routes; and

(ii)

actions taken by such countries—

(I)

to support Myanmar’s military junta in order to preserve or promote such interests;

(II)

to undermine the sovereignty and territorial integrity of Burma; and

(III)

to promote ethnic conflict within Burma.

(c)

Classification and Format.— The briefing required under subsection (b)—

(1)

shall be provided in an unclassified setting; and

(2)

may be accompanied by a separate classified briefing, as appropriate.

SEC. 6511. United States Grand Strategy with Respect to China.

(a)

Strategy Required.—

(1)

In general.— Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 (50 U.S.C. 3043) after the date of the enactment of this Act, the President shall commence developing a comprehensive report that articulates the strategy of the United States with respect to the People’s Republic of China (in this section referred to as the “China Strategy”) that builds on the work of such national security strategy.

(2)

Submittal.— Not later than 270 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 (50 U.S.C. 3043) after the date of the enactment of this Act, the President shall submit to Congress the China Strategy developed under paragraph (1).

(3)

Form.— The China Strategy shall be submitted in classified form and shall include an unclassified summary.

(b)

Contents.— The China Strategy developed under subsection (a) shall set forth the national security strategy of the United States with respect to the People’s Republic of China and shall include a comprehensive description and discussion of the following:

(1)

The strategy of the People’s Republic of China regarding the military, economic, and political power of China in the Indo-Pacific region and worldwide, including why the People’s Republic of China has decided on such strategy and what the strategy means for the long-term interests, values, goals, and objectives of the United States.

(2)

The worldwide interests, values, goals, and objectives of the United States as they relate to geostrategic and geoeconomic competition with the People’s Republic of China.

(3)

The foreign and economic policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States as they relate to the new era of competition with the People’s Republic of China.

(4)

How the United States will exercise the political, economic, military, diplomatic, and other elements of its national power to protect or advance its interests and values and achieve the goals and objectives referred to in paragraph (1).

(5)

The adequacy of the capabilities of the United States Government to carry out the national security strategy of the United States within the context of new and emergent challenges to the international order posed by the People’s Republic of China, including an evaluation—

(A)

of the balance among the capabilities of all elements of national power of the United States; and

(B)

the balance of all United States elements of national power in comparison to equivalent elements of national power of the People’s Republic of China.

(6)

The assumptions and end-state or end-states of the strategy of the United States globally and in the Indo-Pacific region with respect to the People’s Republic of China.

(7)

Such other information as the President considers necessary to help inform Congress on matters relating to the national security strategy of the United States with respect to the People’s Republic of China.

(c)

Advisory Board on United States Grand Strategy With Respect to China.—

(1)

Establishment.— The President may establish in the executive branch an advisory board to be known as the “Advisory Board on United States Grand Strategy with respect to China” (in this section referred to as the “Board”).

(2)

Purpose.— The purpose of the Board is to convene outside experts to advise the President on development of the China Strategy.

(3)

Duties.—

(A)

Review.— The Board shall review the current national security strategy of the United States with respect to the People’s Republic of China, including assumptions, capabilities, strategy, and end-state or end-states.

(B)

Assessment and recommendations.— The Board shall analyze the United States national security strategy with respect to the People’s Republic of China, including challenging its assumptions and approach, and make recommendations to the President for the China Strategy.

(C)

Classified briefing.—

(i)

In general.— Not later than 30 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2), the Board shall provide the appropriate congressional committees a classified briefing on its review, assessment, and recommendations.

(ii)

Appropriate congressional committees defined.— In this subparagraph, the term “appropriate congressional committees” means—

(I)

the congressional defense committees;

(II)

the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and

(III)

the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

(4)

Composition.—

(A)

Recommendations.— Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 (50 U.S.C. 3043) after the date of the enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each provide to the President 2 candidates for membership on the Board, at least 1 of whom shall be an individual in the private sector and 1 of whom shall be an individual in academia or employed by a nonprofit research institution.

(B)

Membership.— The Board shall be composed of 9 members appointed by the President as follows:

(i)

The National Security Advisor or such other designee as the President considers appropriate, such as the Asia Coordinator from the National Security Council.

(ii)

Four shall be selected from among individuals in the private sector.

(iii)

Four shall be selected from among individuals in academia or employed by a nonprofit research institution.

(iv)

Two members shall be selected from among individuals included in the list submitted by the majority leader of the Senate under subparagraph (A), of whom—

(I)

one shall be selected from among individuals in the private sector; and

(II)

one shall be selected from among individuals in academia or employed by a nonprofit research institution.

(v)

Two members shall be selected from among individuals included in the list submitted by the minority leader of the Senate under subparagraph (A), of whom—

(I)

one shall be selected from among individuals in the private sector; and

(II)

one shall be selected from among individuals in academia or employed by a nonprofit research institution.

(vi)

Two members shall be selected from among individuals included in the list submitted by the Speaker of the House of Representatives under subparagraph (A), or whom—

(I)

one shall be selected from among individuals in the private sector; and

(II)

one shall be selected from among individuals in academia or employed by a nonprofit research institution.

(vii)

Two members shall be selected from among individuals included in the list submitted by the minority leader of the House of Representatives under subparagraph (A), of whom—

(I)

one shall be selected from among individuals in the private sector; and

(II)

one shall be selected from among individuals in academia or employed by a nonprofit research institution.

(C)

Chairperson.— The Chairperson of the Board shall be the member of the Board appointed under subparagraph (B)(i).

(D)

Nongovernmental membership; period of appointment; vacancies.—

(i)

Nongovernmental membership.— Except in the case of the Chairperson of the Board, an individual appointed to the Board may not be an officer or employee of an instrumentality of government.

(ii)

Period of appointment.— Members shall be appointed for the life of the Board.

(iii)

Vacancies.— Any vacancy in the Board shall be filled in the same manner as the original appointment.

(5)

Deadline for appointment.— Not later than 60 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 (50 U.S.C. 3043) after the date of the enactment of this Act, the President shall—

(A)

appoint the members of the Board pursuant to paragraph (4); and

(B)

submit to Congress a list of the members so appointed.

(6)

Experts and consultants.— The Board is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(7)

Security clearances.— The appropriate Federal departments or agencies shall cooperate with the Board in expeditiously providing to the Board members and experts and consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances.

(8)

Receipt, handling, storage, and dissemination.— Information shall only be received, handled, stored, and disseminated by members of the Board and any experts and consultants consistent with all applicable statutes, regulations, and Executive orders.

(9)

Uncompensated service.— A member of the Board who is not an officer or employee of the Federal Government shall serve without compensation.

(10)

Cooperation from government.— In carrying out its duties, the Board shall receive the full and timely cooperation of the heads of relevant Federal departments and agencies in providing the Board with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.

(11)

Termination.— The Board shall terminate on the date that is 60 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2).

TITLE LXVI Other Matters

SEC. 6601. Eligibility of Certain Individuals Who Served with Special Guerrilla Units or Irregular Forces in Laos for Interment in National Cemeteries.

(a)

In General.— Section 2402(a)(10) of title 38, United States Code, is amended—

(1)

by striking the period at the end and inserting “ ; or”; and

(2)

by adding at the end the following new subparagraph:

“(B) who—

“(i) the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and

“(ii) at the time of the individual’s death—

“(I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and

“(II) resided in the United States.”

(b)

Effective Date.— The amendments made by this section shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141; 132 Stat. 824).

SEC. 6602. Expansion of Scope of Department of Veterans Affairs Open Burn Pit Registry to Include Open Burn Pits in Egypt and Syria.

Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) is amended, in the matter before subparagraph (A), by striking “ or Uzbekistan” and inserting “ , Uzbekistan, Egypt, or Syria”.

SEC. 6603. Anomalous Health Incidents Interagency Coordinator.

(a)

Anomalous Health Incidents Interagency Coordinator.—

(1)

Designation.— Not later than 30 days after the date of the enactment of this Act, the President shall designate an appropriate senior official to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the “Interagency Coordinator”).

(2)

Duties.— The Interagency Coordinator, working through the interagency national security process, shall, with respect to anomalous health incidents—

(A)

coordinate the response of the United States Government to such incidents;

(B)

coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals;

(C)

ensure adequate training and education relating to such incidents for United States Government personnel;

(D)

ensure that information regarding such incidents is efficiently shared across relevant Federal agencies in a manner that provides appropriate protections for classified, sensitive, and personal information;

(E)

coordinate, in consultation with the Director of the White House Office of Science and Technology Policy, the technological and research efforts of the United States Government to address suspected attacks presenting as such incidents; and

(F)

develop policy options to prevent, mitigate, and deter suspected attacks presenting as such incidents.

(b)

Designation of Agency Coordination Leads.—

(1)

Designation; responsibilities.— The head of each relevant agency shall designate an official appointed by the President, by and with the advice and consent of the Senate, or other appropriate senior official, who shall—

(A)

serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the “Agency Coordination Lead”) for the relevant agency concerned;

(B)

report directly to the head of such relevant agency regarding activities carried out under this section;

(C)

perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process;

(D)

represent such relevant agency in meetings convened by the Interagency Coordinator; and

(E)

participate in interagency briefings to Congress regarding the response of the United States Government to anomalous health incidents, including briefings required under subsection (c).

(2)

Delegation prohibited.— An Agency Coordination Lead may not delegate any of the responsibilities specified in paragraph (1).

(c)

Briefings.—

(1)

In general.— Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the appropriate congressional committees a briefing on progress made in carrying out the duties under subsection (b)(2).

(2)

Elements.— Each briefing required under paragraph (1) shall include—

(A)

an update on the investigation into anomalous health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators;

(B)

an update on new or persistent anomalous health incidents;

(C)

a description of threat prevention and mitigation efforts with respect to anomalous health incidents, to include personnel training;

(D)

an identification of any changes to operational posture as a result of anomalous health threats;

(E)

an update on diagnosis and treatment efforts for individuals affected by anomalous health incidents, including patient numbers and wait times to access care;

(F)

a description of efforts to improve and encourage reporting of anomalous health incidents;

(G)

a detailed description of the roles and responsibilities of the Agency Coordination Leads;

(H)

information regarding additional authorities or resources needed to support the interagency response to anomalous health incidents; and

(I)

such other matters as the Interagency Coordinator or the Agency Coordination Leads may consider appropriate.

(3)

Unclassified briefing summary.—

(A)

In general.— Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1).

(B)

Form.— The summary under subparagraph (A) shall be submitted in an unclassified form to the extent practicable, consistent with the protection of intelligence sources and methods.

(d)

Secure Reporting Mechanisms.— Not later than 90 days after the date of the enactment of this section, the Interagency Coordinator shall ensure that the head of each relevant agency—

(1)

develops a process to provide a secure mechanism for personnel of the relevant agency concerned, the dependents of such personnel, and other appropriate individuals, to self-report any suspected exposure that could be an anomalous health incident;

(2)

shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and

(3)

in developing the mechanism pursuant to paragraph (1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information.

(e)

Workforce Guidance.—

(1)

Development and dissemination.— The President shall direct the heads of the relevant agencies to develop and disseminate to employees of such relevant agencies who are determined to be at risk of exposure to anomalous health incidents updated workforce guidance that describes, at a minimum—

(A)

the threat posed by anomalous health incidents;

(B)

known defensive techniques with respect to anomalous health incidents; and

(C)

processes to self-report any suspected exposure that could be an anomalous health incident.

(2)

Deadline.— The workforce guidance specified under paragraph (1) shall be developed and disseminated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act.

(f)

Rule of Construction.— Nothing in this section, including the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to independently perform the authorized functions of such agency.

(g)

Authorization of Appropriations.— There is authorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2022, to be used to—

(1)

increase capacity and staffing for the Health Incident Response Task Force of the Department of State;

(2)

support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department;

(3)

investigate and characterize the cause of anomalous health incidents, including investigations of causation and attribution;

(4)

collect and analyze data related to anomalous health incidents;

(5)

coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and

(6)

support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State.

(h)

Definitions.— In this section:

(1)

The term “appropriate congressional committees” means—

(A)

the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and

(B)

the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Appropriations, and the Permanent Select Committee on Intelligence, of the House of Representatives.

(2)

The term “relevant Federal agencies” means—

(A)

the Department of Defense;

(B)

the Department of State;

(C)

the Office of the Director of National Intelligence;

(D)

the Central Intelligence Agency;

(E)

the Department of Justice;

(F)

the Department of Homeland Security; and

(G)

such other Federal departments or agencies as may be designated by the Interagency Coordinator.

SEC. 6604. Chief Human Capital Officers Council Annual Report.

Subsection (d) of section 1303 of the Homeland Security Act of 2002 (Public Law 107–296; 5 U.S.C. 1401 note) is amended to read as follows:

“(d) Annual Reports.—

“(1) In general.—Each year, the Chief Human Capital Officers Council shall submit to Congress a report that includes the following:

“(A) A description of the activities of the Council.

“(B) A description of employment barriers that prevent the agencies of its members from hiring qualified applicants, including those for digital talent positions, and recommendations for addressing the barriers that would allow such agencies to more effectively hire qualified applicants.

“(2) Public availability.—Not later than 30 days after the date on which the Council submits a report under paragraph (1), the Director of the Office of Personnel Management shall make the report publicly available on the website of the Office of Personnel Management.”

SEC. 6605. National Global War on Terrorism Memorial.

(a)

Site.— Notwithstanding section 8908(c) of title 40, United States Code, the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act (40 U.S.C. 8903 note; Public Law 115–51; 131 Stat. 1003) (referred to in this section as the “Memorial”) shall be located within the Reserve (as defined in section 8902(a) of title 40, United States Code).

(b)

Applicability of Commemorative Works Act.— Except as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall apply to the Memorial.

SEC. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science.

(a)

Establishment.— Title I of the National Quantum Initiative Act (15 U.S.C. 8811 et seq.) is amended—

(1)

by redesignating section 105 as section 106; and

(2)

by inserting after section 104 the following new section:

“SEC. 105. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.

“(a) Establishment.—The President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science.

“(b) Membership.—The Subcommittee shall include a representative of—

“(1) the Department of Energy;

“(2) the Department of Defense;

“(3) the Department of Commerce;

“(4) the Department of Homeland Security;

“(5) the Office of the Director of National Intelligence;

“(6) the Office of Management and Budget;

“(7) the Office of Science and Technology Policy;

“(8) the Department of Justice;

“(9) the National Science Foundation;

“(10) the National Institute of Standards and Technology; and

“(11) such other Federal department or agency as the President considers appropriate.

“(c) Responsibilities.—The Subcommittee shall—

“(1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development;

“(2) review and assess any economic or security implications of such investments;

“(3) review and assess any counterintelligence risks or other foreign threats to such investments;

“(4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other foreign threats identified as a result of an assessment under paragraph (3);

“(5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment;

“(6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States;

“(7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and

“(8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress.

“(d) Technical and Administrative Support.—

“(1) In general.—The Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section.

“(2) Support related to classified information.—The Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.”

(b)

Sunset for Subcommittee.—

(1)

Inclusion in sunset provision.— Such title is further amended in section 106, as redesignated by subsection (a), by striking “ 103, and 104” and inserting “ 103, 104, and 105”.

(2)

Effective date.— The amendments made by subsection (a) shall take effect as if included in the enactment of the National Quantum Initiative Act (15 U.S.C. 8801 et seq.).

(c)

Conforming Amendments.— The National Quantum Initiative Act (15 U.S.C. 8801 et seq.) is further amended—

(1)

in section 2, by striking paragraph (7) and inserting the following new paragraphs:

“(7) Subcommittee on economic and security implications.—The term ‘Subcommittee on Economic and Security Implications’ means the Subcommittee on the Economic and Security Implications of Quantum Information Science established under section 105(a).

“(8) Subcommittee on quantum information science.—The term ‘Subcommittee on Quantum Information Science’ means the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a).”

(2)

in section 102(b)(1)—

(A)

in subparagraph (A), by striking “ ; and” and inserting “ on Quantum Information Science;”;

(B)

in subparagraph (B), by inserting “ and” after the semicolon; and

(C)

by adding at the end the following new subparagraph:

“(C) the Subcommittee on Economic and Security Implications;”

; and

(3)

in section 104(d)(1), by striking “ and the Subcommittee” and inserting “ , the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implications”.

(d)

Clerical Amendment.— The table of contents in section 1(b) of such Act is amended by striking the item relating to section 105 and inserting the following new items:

“105. Subcommittee on the Economic and Security Implications of Quantum Information Science.

“106. Sunset.”.

SEC. 6607. Study and Report on the Redistribution of Covid–19 Vaccine Doses That Would Otherwise Expire to Foreign Countries and Economies.

(a)

Study.—

(1)

In general.— The Secretary of Health and Human Services, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall conduct a study to identify and analyze the logistical prerequisites for the collection of unused and unexpired doses of the COVID–19 vaccine in the United States and for the distribution of such doses to foreign countries and economies.

(2)

Matters studied.— The matters studied by the Secretary of Health and Human Services under paragraph (1) shall include—

(A)

options for the collection of unused and unexpired doses of the COVID–19 vaccine from entities in the United States;

(B)

methods for the collection and shipment of such doses to foreign countries and economies;

(C)

methods for ensuring the appropriate storage and handling of such doses during and following the distribution and delivery of the doses to such countries and economies;

(D)

the capacity and capability of foreign countries and economies receiving such doses to distribute and administer the doses while assuring their safety and quality;

(E)

the minimum supply of doses of the COVID–19 vaccine necessary to be retained within the United States; and

(F)

other Federal agencies with which the heads of the relevant agencies should coordinate to accomplish the tasks described in subparagraphs (A) through (E) and the degree of coordination necessary between such agencies.

(b)

Report Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the other heads of the relevant agencies, shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).

(c)

Definitions.— In this section:

(1)

Appropriate congressional committees.— The term “appropriate congressional committees” means—

(A)

the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and

(B)

the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives.

(2)

Relevant agencies.— The term “relevant agencies” means—

(A)

the Department of Health and Human Services;

(B)

the Department of State; and

(C)

the United States Agency for International Development.

SEC. 6608. Catawba Indian Nation Lands.

(a)

Application of Current Law.—

(1)

Lands in south carolina.— Section 14 of the Catawba Indian Tribe of South Carolina Claims Settlement Act of 1993 (Public Law 103–116) shall only apply to gaming conducted by the Catawba Indian Nation on lands located in South Carolina.

(2)

Lands in states other than south carolina.— Gaming conducted by the Catawba Indian Nation on lands located in States other than South Carolina shall be subject to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and sections 1166 through 1168 of title 18, United States Code.

(b)

Reaffirmation of Status and Actions.—

(1)

Ratification of trust status.— The action taken by the Secretary of the Interior on July 10, 2020, to place approximately 17 acres of land located in Cleveland County, North Carolina, into trust for the benefit of the Catawba Indian Nation is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action.

(2)

Administration.— The land placed into trust for the benefit of the Catawba Indian Nation by the Secretary on July 10, 2020, shall—

(A)

be a part of the Catawba Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and

(B)

be deemed to have been acquired and taken into trust as part of the restoration of lands for an Indian tribe that is restored to Federal recognition pursuant to section 20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)(iii)).

(3)

Rules of construction.— Nothing in this section shall—

(A)

enlarge, impair, or otherwise affect any right or claim of the Catawba Indian Nation to any land or interest in land in existence before the date of the enactment of this Act;

(B)

affect any water right of the Catawba Indian Nation in existence before the date of the enactment of this Act;

(C)

terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or

(D)

alter or diminish the right of the Catawba Indian Nation to seek to have additional land taken into trust by the United States for the benefit of the Catawba Indian Nation.

SEC. 6609. Property Disposition for Affordable Housing.

Section 5334(h)(1) of title 49, United States Code, is amended to read as follows:

“(1) In general.—If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to—

“(A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—

“(i) the asset will remain in public use for at least 5 years after the date the asset is transferred;

“(ii) there is no purpose eligible for assistance under this chapter for which the asset should be used;

“(iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and

“(iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or

“(B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—

“(i) the asset is a necessary component of a proposed transit-oriented development project;

“(ii) the transit-oriented development project will increase transit ridership;

“(iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income;

“(iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and

“(v) with respect to a transfer to a third party entity—

“(I) a local government authority or nonprofit organization is unable to receive the property;

“(II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and

“(III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.”

SEC. 6610. Blocking Deadly Fentanyl Imports.

(a)

Short Title.— This section may be cited as the “Blocking Deadly Fentanyl Imports Act”.

(b)

Definitions.— Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended—

(1)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A), by striking “ in which”;

(B)

in subparagraph (A), by inserting “ in which” before “ 1,000”;

(C)

in subparagraph (B)—

(i)

by inserting “ in which” before “ 1,000”; and

(ii)

by striking “ or” at the end;

(D)

in subparagraph (C)—

(i)

by inserting “ in which” before “ 5,000”; and

(ii)

by inserting “ or” after the semicolon; and

(E)

by adding at the end the following:

“(D) that is a significant source of illicit synthetic opioids significantly affecting the United States;”

; and

(2)

in paragraph (4)—

(A)

in subparagraph (C), by striking “ and” at the end; and

(B)

by adding at the end the following:

“(E) assistance that furthers the objectives set forth in paragraphs (1) through (4) of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n–2(b));

“(F) assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7101 et seq.)); and

“(G) global health assistance authorized under sections 104 through 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b through 22 U.S.C. 2151b–4).”

(c)

International Narcotics Control Strategy Report.— Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the end the following:

“(10) A separate section that contains the following:

“(A) An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the United States during the preceding calendar year.

“(B) A description of the extent to which each country identified pursuant to subparagraph (A) has cooperated with the United States to prevent the articles or chemicals described in subparagraph (A) from being exported from such country to the United States.

“(C) A description of whether each country identified pursuant to subparagraph (A) has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;

“(D) A description of whether each country identified pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32)); and

“(E) A description of whether each country identified pursuant to subparagraph (A) requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.”

(d)

Withholding of Assistance.—

(1)

Designation of illicit fentanyl countries without scheduling procedures.— Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(2)) is amended—

(A)

in the matter preceding subparagraph (A), by striking “ also”;

(B)

in subparagraph (A)(ii), by striking “ and” at the end;

(C)

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

(D)

by inserting after subparagraph (A) the following:

“(B) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)(10)) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;”

; and

(E)

in subparagraph (D), as redesignated, by striking “ so designated” and inserting “ designated under subparagraph (A), (B), or (C)”.

(2)

Designation of illicit fentanyl countries without ability to prosecute criminals for the manufacture or distribution of fentanyl analogues.— Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(2)), as amended by paragraph (2), is further amended by inserting after subparagraph (B) the following:

“(C) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)(10)) that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32));”

(3)

Limitation on assistance for designated countries.— Section 706(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(3)) is amended by striking “ also designated under paragraph (2) in the report” and inserting “ designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2)”.

(4)

Exceptions to the limitation on assistance.— Section 706(5) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(5)) is amended—

(A)

by redesignating subparagraph (C) as subparagraph (F);

(B)

by inserting after subparagraph (B) the following:

“(C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 481(e)(4)(E) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(E))) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.

“(D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 481(e)(4)(F) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.

“(E) Notwithstanding paragraph (3), global health assistance (as described in section 481(e)(4)(G) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph”

; and

(C)

in subparagraph (F), as redesignated, by striking “ section clause (i) or (ii) of” and inserting “ clause (i) or (ii) of section”.

(e)

Effective Date.— The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.