The publication is reproduced in full below:
MOTION TO SUSPEND THE RULES AND PASS CERTAIN BILLS AND AGREE TO A
RESOLUTION
Mr. HOYER. Madam Speaker, pursuant to section 6 of House Resolution 330, I move to suspend the rules and pass the bills: H.R. 367, H.R. 370, H.R. 396, H.R. 397, H.R. 408, H.R. 490, H.R. 965, H.R. 1251, H.R. 1395, H.R. 1491, H.R. 1528, H.R. 1532, H.R. 1565, H.R. 1602, and H.R. 2523, and agree to H. Res. 124.
The Clerk read the title of the bills and the resolution.
The text of the bills and the resolution are as follows:
Homeland Security Acquisition Professional Career Program Act
H.R. 367
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Acquisition Professional Career Program Act''.
SEC. 2. 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.) is amended by adding at the end the following new section:
``SEC. 711. 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 December 31, 2021, 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 is amended by inserting after the item relating to section 710 the following new item:
``Sec. 711. Acquisition professional career program.''.
Quadrennial Homeland Security Review Technical Corrections Act of 2021
H.R. 370
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quadrennial Homeland Security Review Technical Corrections Act of 2021''.
SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND
SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after the semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D); and
(C) by inserting after subparagraph (B) the following new subparagraph:
``(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent practicable,'' after
``describe''; and
(ii) by striking ``budget plan'' and inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent practicable,'' after
``identify'';
(ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting
``resources required to''; and
(iii) by striking the semicolon at the end and inserting the following: ``, including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and'';
(D) in paragraph (5), by striking ``; and'' and inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of the year'' and inserting ``60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent practicable,'' before ``a description''; and
(II) by striking ``budget plan'' and inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent practicable,'' before ``a discussion''; and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks'' before ``to national homeland''; and
(IV) by inserting ``and'' after the semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as subparagraph
(H);
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new paragraph:
``(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review:
``(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following:
``(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in-person discussions, and the interagency process.
``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review.
``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following:
``(i) The risk model utilized to generate such risk assessment.
``(ii) Information, including data used in the risk model, utilized to generate such risk assessment.
``(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment.
``(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new subsection:
``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021.
Transit Security Grant Program Flexibility Act
H.R. 396
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transit Security Grant Program Flexibility Act''.
SEC. 2. 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. 3. 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 55 months.''.
SEC. 4. GAO REVIEW.
(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 this Act
(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. 5. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.
CBRN Intelligence and Information Sharing Act of 2021
H.R. 397
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CBRN Intelligence and Information Sharing Act of 2021''.
SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after section 210G the following new section:
``SEC. 210H. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.
``(a) In General.--The Office of Intelligence and Analysis of the Department of Homeland Security shall--
``(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, or nuclear materials against the United States, including critical infrastructure;
``(2) support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues;
``(3) support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2), including the transportation of chemical, biological, nuclear, and radiological materials, by providing relevant quantitative and nonquantitative threat information;
``(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance early detection, prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack;
``(5) share information and provide tailored analytical support on such threats to State, local, Tribal, and territorial authorities, and other Federal agencies, as well as relevant national biosecurity and biodefense stakeholders, as appropriate; and
``(6) perform other responsibilities, as assigned by the Secretary.
``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, including the Countering Weapons of Mass Destruction Office and the National Biosurveillance Integration Center, agencies within the intelligence community, including the National Counter Proliferation Center, and other Federal, State, local, Tribal, and territorial authorities, including officials from high-threat urban areas, State and major urban area fusion centers, and local public health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how such entities can provide information to the Department.
``(c) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(2) National biosecurity and biodefense stakeholders.-- The term `national biosecurity and biodefense stakeholders' means officials from Federal, State, local, Tribal, and territorial authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including infectious disease outbreaks.''.
(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 201E the following new item:
``Sec. 210H. Chemical, biological, radiological, and nuclear intelligence and information sharing.''.
(c) Report.--
(1) In general.--Not later than one year after the date of the enactment of this Act and annually thereafter for each of the following four years, the Secretary of Homeland Security shall report to the appropriate congressional committees on the following:
(A) The intelligence and information sharing activities under section 210H of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and of all relevant entities within the Department of Homeland Security to counter the threat from attacks using chemical, biological, radiological, or nuclear materials.
(B) The Department's activities in accordance with relevant intelligence strategies.
(2) Assessment of implementation.--The reports required under paragraph (1) shall include the following:
(A) An assessment of the progress of the Office of Intelligence and Analysis of the Department of Homeland Security in implementing such section 210F.
(B) A description of the methods established to carry out such assessment.
(3) Definition.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned.
SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE
DEPARTMENT TO STATE, LOCAL, TRIBAL,
TERRITORIAL, AND PRIVATE ENTITIES WITH
RESPONSIBILITIES RELATING TO HOMELAND SECURITY.
Paragraph (6) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended by striking ``and to agencies of State'' and all that follows through the period at the end and inserting ``to State, local, tribal, territorial, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism against the United States.''.
Department of Homeland Security Mentor-Protege Program Act of 2021
H.R. 408
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security Mentor-Protege Program Act of 2021''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE
PROGRAM.
(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. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department a mentor-protege program (in this section referred to as the `Program') under which a mentor firm enters into an agreement with a protege firm for the purpose of assisting the protege firm to compete for prime contracts and subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria for mentor firms and protege firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protege firm selected by the mentor firm. The application shall include each of the following:
``(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protege firm.
``(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.
``(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.
``(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protege firm's developmental progress.
``(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months.
``(e) Program Benefits.--A mentor firm and protege firm that enter into an agreement under subsection (d) may receive the following Program benefits:
``(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program.
``(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protege firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.
``(f) Reporting.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that--
``(1) identifies each agreement between a mentor firm and a protege firm entered into under this section, including the number of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled by veterans;
``(C) small business concerns owned and controlled by service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled by socially and economically disadvantaged individuals;
``(F) small business concerns owned and controlled by women;
``(G) historically Black colleges and universities; and
``(H) minority institutions of higher education;
``(2) describes the type of assistance provided by mentor firms to protege firms;
``(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of protege firms; and
``(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protege firms for the period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code, as in effect on March 1, 2018.
``(2) Mentor firm.--The term `mentor firm' means a for- profit business concern that is not a small business concern that--
``(A) has the ability to assist and commits to assisting a protege to compete for Federal prime contracts and subcontracts; and
``(B) satisfies any other requirements imposed by the Secretary.
``(3) Minority institution of higher education.--The term
`minority institution of higher education' means an institution of higher education with a student body that reflects the composition specified in section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)).
``(4) Protege firm.--The term `protege firm' means a small business concern, a historically Black college or university, or a minority institution of higher education that--
``(A) is eligible to enter into a prime contract or subcontract with the Department; and
``(B) satisfies any other requirements imposed by the Secretary.
``(5) Small business act definitions.--The terms `small business concern', `small business concern owned and controlled by veterans', `small business concern owned and controlled by service-disabled veterans', `qualified HUBZone small business concern', `and small business concern owned and controlled by women' have the meanings given such terms, respectively, under section 3 of the Small Business Act (15 U.S.C. 632). The term `small business concern owned and controlled by socially and economically disadvantaged individuals' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''.
(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 890A the following new item:
``Sec. 890B. Mentor-protege program.''.
Department of Homeland Security Morale, Recognition, Learning and
Engagement Act of 2021
H.R. 490
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2021'' or the ``DHS MORALE Act''.
SEC. 2. 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 non-supervisory 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 Department-wide 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. 3. 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 non-supervisory 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 Department-wide 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 Department-wide 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. 4. 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 3 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 emphasizes honoring employees who are at the non-supervisory 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 non-supervisory 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 3 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. 5. 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 are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department for misconduct by a non-supervisory or supervisor employee who engaged in the same or substantially similar misconduct.
(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 3(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. 6. IMPACTS OF SHUTDOWN.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the direct and indirect impacts of the lapse in appropriations between December 22, 2018, and January 25, 2019, on--
(1) Department of Homeland Security human resources operations;
(2) the Department's ability to meet hiring benchmarks; and
(3) retention, attrition, and morale of Department personnel.
Young African Leaders Initiative Act of 2021
H.R. 965
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young African Leaders Initiative Act of 2021'' or ``YALI Act of 2021''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Young African Leaders Initiative, launched in 2010, is a signature effort to invest in the next generation of African leaders;
(2) Africa is a continent of strategic importance and it is vital for the United States to support strong and enduring partnerships with the next generation of African leaders; and
(3) the United States Government should prioritize investments to build the capacity of emerging young African leaders in sub-Saharan Africa, including through efforts to enhance leadership skills, encourage entrepreneurship, strengthen public administration and the role of civil society, and connect young African leaders continentally and globally across the private, civic, and public sectors.
SEC. 3. YOUNG AFRICAN LEADERS INITIATIVE PROGRAM.
(a) In General.--There is established in the Department of State the Young African Leaders Initiative (``YALI'') program.
(b) Purpose.--The YALI program shall seek to build the capacity of young African leaders in sub-Saharan Africa in the areas of business, civic engagement, or public administration, including through efforts to--
(1) support young African leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, and public administration; and
(2) provide increased economic and technical assistance to young African leaders to promote economic growth and strengthen ties between United States and African businesses.
(c) Fellowships.--The YALI program shall award fellowships under the Mandela Washington Fellowship for Young African Leaders program to young African leaders ages 18 to 35 who have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership, and who have had a positive impact in their communities, organizations, or institutions.
(d) Regional Leadership Centers.--The YALI program shall seek to establish regional leadership centers in sub-Saharan Africa to offer training to young African leaders ages 18 to 35 who have demonstrated strong capabilities in entrepreneurship, innovation, public service and leadership, and who have had a positive impact in their communities, organizations, or institutions.
(e) Activities.--
(1) United states-based activities.--The Secretary of State, in coordination with the Administrator for the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall oversee all United States-based activities carried out under the YALI program, including the following:
(A) The participation of Mandela Washington fellows in a six-week Leadership Institute at a United States university or college in business, civic engagement, or public management, including academic sessions, site visits, professional networking opportunities, leadership training, community service, and organized cultural activities.
(B) The participation by Mandela Washington fellows in an annual Mandela Washington Fellowship Summit, to provide such Fellows the opportunity to meet with United States leaders from the private, public, and non-profit sectors.
(2) Africa-based activities.--The Secretary of State, in coordination with the Administrator for the United States Agency for International Development and the heads of other relevant Federal departments and agencies, should continue to support YALI programs in sub-Saharan Africa, including the following:
(A) Access to continued leadership training and other professional development opportunities for Mandela Washington Fellowship for Young African Leaders alumni upon their return to their home countries, including online courses, technical assistance, and access to funding.
(B) Training for young African leaders at regional leadership centers established in accordance with subsection
(d), and through online and in-person courses offered by such centers.
(C) Opportunities for networking and engagement with--
(i) other alumni of the Mandela Washington Fellowship for Young African Leaders;
(ii) alumni of programs at regional leadership centers established in accordance with subsection (d); and
(iii) United States and like-minded diplomatic missions, business leaders, and others as appropriate.
(3) Implementation.--To carry out this subsection, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies shall seek to partner with the private sector to pursue public-private partnerships, leverage private sector expertise, expand networking opportunities, and identify funding opportunities as well as fellowship and employment opportunities for participants in the YALI program.
(f) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a plan for implementing the YALI program, including the following:
(1) A description of clearly defined program goals, targets, and planned outcomes for each year and for the duration of implementation of the program.
(2) A strategy to monitor and evaluate the program and progress made toward achieving such goals, targets, and planned outcomes.
(3) A strategy to ensure the program is promoting United States foreign policy goals in Africa, including ensuring that the program is clearly branded and paired with robust public diplomacy efforts.
(g) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees and publish in a publicly accessible, internet- based form, a report on the following:
(1) The progress made toward achieving the goals, targets, and planned outcomes described in subsection (f)(1), including an overview of the program implemented in the previous year and an estimated number of beneficiaries.
(2) An assessment of how the YALI program is contributing to and promoting United States-Africa relations, particularly in areas of increased private sector investment, trade promotion, support to civil society, improved public administration, and fostering entrepreneurship and youth empowerment.
(3) Recommendations for improvements or changes to the program and implementation plan, if any, that would improve their effectiveness during subsequent years of implementation of the program.
(h) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(i) Sunset.--The requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
Cyber Diplomacy Act of 2021
H.R. 1251
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cyber Diplomacy Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. United states international cyberspace policy.
Sec. 5. Department of state responsibilities.
Sec. 6. International cyberspace executive arrangements.
Sec. 7. International strategy for cyberspace.
Sec. 8. Annual country reports on human rights practices.
Sec. 9. Gao report on cyber diplomacy.
Sec. 10. Sense of congress on cybersecurity sanctions against north korea and cybersecurity legislation in vietnam.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The stated goal of the United States International Strategy for Cyberspace, launched on May 16, 2011, is to
``work internationally to promote an open, interoperable, secure, and reliable information and communications infrastructure that supports international trade and commerce, strengthens international security, and fosters free expression and innovation . . . in which norms of responsible behavior guide states' actions, sustain partnerships, and support the rule of law in cyberspace''.
(2) In its June 24, 2013, report, the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security
(referred to in this section as ``GGE''), established by the United Nations General Assembly, concluded that ``State sovereignty and the international norms and principles that flow from it apply to States' conduct of [information and communications technology] ICT-related activities and to their jurisdiction over ICT infrastructure with their territory''.
(3) In January 2015, China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan proposed a troubling international code of conduct for information security, which could be used as a pretext for restricting political dissent, and includes
``curbing the dissemination of information that incites terrorism, separatism or extremism or that inflames hatred on ethnic, racial or religious grounds''.
(4) In its July 22, 2015, consensus report, GGE found that
``norms of responsible State behavior can reduce risks to international peace, security and stability''.
(5) On September 25, 2015, the United States and China announced a commitment that neither country's government
``will conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors''.
(6) At the Antalya Summit on November 15 and 16, 2015, the Group of 20 Leaders' communique--
(A) affirmed the applicability of international law to state behavior in cyberspace;
(B) called on states to refrain from cyber-enabled theft of intellectual property for commercial gain; and
(C) endorsed the view that all states should abide by norms of responsible behavior.
(7) The March 2016 Department of State International Cyberspace Policy Strategy noted that ``the Department of State anticipates a continued increase and expansion of our cyber-focused diplomatic efforts for the foreseeable future''.
(8) On December 1, 2016, the Commission on Enhancing National Cybersecurity, which was established within the Department of Commerce by Executive Order 13718 (81 Fed. Reg. 7441), recommended that ``the President should appoint an Ambassador for Cybersecurity to lead U.S. engagement with the international community on cybersecurity strategies, standards, and practices''.
(9) On April 11, 2017, the 2017 Group of 7 Declaration on Responsible States Behavior in Cyberspace--
(A) recognized ``the urgent necessity of increased international cooperation to promote security and stability in cyberspace'';
(B) expressed commitment to ``promoting a strategic framework for conflict prevention, cooperation and stability in cyberspace, consisting of the recognition of the applicability of existing international law to State behavior in cyberspace, the promotion of voluntary, non-binding norms of responsible State behavior during peacetime, and the development and the implementation of practical cyber confidence building measures (CBMs) between States''; and
(C) reaffirmed that ``the same rights that people have offline must also be protected online''.
(10) In testimony before the Select Committee on Intelligence of the Senate on May 11, 2017, Director of National Intelligence Daniel R. Coats identified six cyber threat actors, including--
(A) Russia, for ``efforts to influence the 2016 U.S. election'';
(B) China, for ``actively targeting the U.S. Government, its allies, and U.S. companies for cyber espionage'';
(C) Iran, for ``leverag[ing] cyber espionage, propaganda, and attacks to support its security priorities, influence events and foreign perceptions, and counter threats'';
(D) North Korea, for ``previously conduct[ing] cyber- attacks against U.S. commercial entities--specifically, Sony Pictures Entertainment in 2014'';
(E) terrorists, who ``use the Internet to organize, recruit, spread propaganda, raise funds, collect intelligence, inspire action by followers, and coordinate operations''; and
(F) criminals, who ``are also developing and using sophisticated cyber tools for a variety of purposes including theft, extortion, and facilitation of other criminal activities''.
(11) On May 11, 2017, President Donald J. Trump issued Executive Order 13800 (82 Fed. Reg. 22391), entitled
``Strengthening the Cybersecurity of Federal Networks and Infrastructure'', which--
(A) designates the Secretary of State to lead an interagency effort to develop an engagement strategy for international cooperation in cybersecurity; and
(B) notes that ``the United States is especially dependent on a globally secure and resilient internet and must work with allies and other partners toward maintaining . . . the policy of the executive branch to promote an open, interoperable, reliable, and secure internet that fosters efficiency, innovation, communication, and economic prosperity, while respecting privacy and guarding against disruption, fraud, and theft''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2) Information and communications technology; ict.--The terms ``information and communications technology'' and
``ICT'' include hardware, software, and other products or services primarily intended to fulfill or enable the function of information processing and communication by electronic means, including transmission and display, including via the Internet.
(3) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code.
SEC. 4. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--It is the policy of the United States to work internationally to promote an open, interoperable, reliable, unfettered, and secure Internet governed by the multi-stakeholder model, which--
(1) promotes human rights, democracy, and rule of law, including freedom of expression, innovation, communication, and economic prosperity; and
(2) respects privacy and guards against deception, fraud, and theft.
(b) Implementation.--In implementing the policy described in subsection (a), the President, in consultation with outside actors, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall pursue the following objectives:
(1) Clarifying the applicability of international laws and norms to the use of ICT.
(2) Reducing and limiting the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public.
(3) Cooperating with like-minded democratic countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally.
(4) Encouraging the responsible development of new, innovative technologies and ICT products that strengthen a secure Internet architecture that is accessible to all.
(5) Securing and implementing commitments on responsible country behavior in cyberspace based upon accepted norms, including the following:
(A) Countries should not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors.
(B) Countries should take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICTs in violation of international commitments.
(C) Countries should not conduct or knowingly support ICT activity that, contrary to international law, intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, and should take appropriate measures to protect their critical infrastructure from ICT threats.
(D) Countries should not conduct or knowingly support malicious international activity that, contrary to international law, harms the information systems of authorized emergency response teams (also known as ``computer emergency response teams'' or ``cybersecurity incident response teams'') of another country or authorize emergency response teams to engage in malicious international activity.
(E) Countries should respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country.
(F) Countries should not restrict cross-border data flows or require local storage or processing of data.
(G) Countries should protect the exercise of human rights and fundamental freedoms on the Internet and commit to the principle that the human rights that people have offline should also be protected online.
(6) Advancing, encouraging, and supporting the development and adoption of internationally recognized technical standards and best practices.
SEC. 5. DEPARTMENT OF STATE RESPONSIBILITIES.
(a) In General.--Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection:
``(g) Bureau of International Cyberspace Policy.--
``(1) In general.--There is established, within the Department of State, a Bureau of International Cyberspace Policy (referred to in this subsection as the `Bureau'). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy of the United States described in section 4 of the Cyber Diplomacy Act of 2021.
``(B) Duties described.--The principal duties and responsibilities of the head of the Bureau shall be--
``(i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace issues;
``(ii) to lead the Department of State's diplomatic cyberspace efforts, including efforts relating to international cybersecurity, Internet access, Internet freedom, digital economy, cybercrime, deterrence and international responses to cyber threats, and other issues that the Secretary assigns to the Bureau;
``(iii) to coordinate cyberspace policy and other relevant functions within the Department of State and with other components of the United States Government, including through the Cyberspace Policy Coordinating Committee described in paragraph (6), and by convening other coordinating meetings with appropriate officials from the Department and other components of the United States Government on a regular basis;
``(iv) to promote an open, interoperable, reliable, unfettered, and secure information and communications technology infrastructure globally;
``(v) to represent the Secretary of State in interagency efforts to develop and advance the policy described in section 4 of the Cyber Diplomacy Act of 2021;
``(vi) to act as a liaison to civil society, the private sector, academia, and other public and private entities on relevant international cyberspace issues;
``(vii) to lead United States Government efforts to establish a global deterrence framework for malicious cyber activity;
``(viii) to develop and execute adversary-specific strategies to influence adversary decisionmaking through the imposition of costs and deterrence strategies, in coordination with other relevant Executive agencies;
``(ix) to advise the Secretary and coordinate with foreign governments on external responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and other like-minded countries;
``(x) to promote the adoption of national processes and programs that enable threat detection, prevention, and response to malicious cyber activity emanating from the territory of a foreign country, including as such activity relates to the United States' European allies, as appropriate;
``(xi) to promote the building of foreign capacity relating to cyberspace policy priorities;
``(xii) to promote the maintenance of an open and interoperable Internet governed by the multistakeholder model, instead of by centralized government control;
``(xiii) to promote an international regulatory environment for technology investments and the Internet that benefits United States economic and national security interests;
``(xiv) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses;
``(xv) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based, cyber- enabled threats;
``(xvi) to lead engagement, in coordination with Executive agencies, with foreign governments on relevant international cyberspace and digital economy issues as described in the Cyber Diplomacy Act of 2021;
``(xvii) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs;
``(xviii) to promote and protect the exercise of human rights, including freedom of speech and religion, through the Internet;
``(xix) to promote international initiatives to strengthen civilian and private sector resiliency to threats in cyberspace;
``(xx) to build capacity of United States diplomatic officials to engage on cyberspace issues;
``(xxi) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices;
``(xxii) to consult, as appropriate, with other Executive agencies with related functions vested in such Executive agencies by law; and
``(xxiii) to conduct such other matters as the Secretary of State may assign.
``(3) Qualifications.--The head of the Bureau should be an individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyberspace issues; and
``(B) international diplomacy.
``(4) Organizational placement.--During the 1-year period beginning on the date of the enactment of the Cyber Diplomacy Act of 2021, the head of the Bureau shall report to the Under Secretary for Political Affairs or to an official holding a higher position in the Department of State than the Under Secretary for Political Affairs. After the conclusion of such period, the head of the Bureau may report to a different Under Secretary or to an official holding a higher position than Under Secretary if, not less than 15 days prior to any change in such reporting structure, the Secretary of State consults with and provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the following:
``(A) A notification that the Secretary has, with respect to the reporting structure of the Bureau, consulted with and solicited feedback from--
``(i) other relevant Federal entities with a role in international aspects of cyber policy; and
``(ii) the elements of the Department of State with responsibility over aspects of cyber policy, including the elements reporting to--
``(I) the Under Secretary for Political Affairs;
``(II) the Under Secretary for Civilian Security, Democracy, and Human Rights;
``(III) the Under Secretary for Economic Growth, Energy, and the Environment;
``(IV) the Under Secretary for Arms Control and International Security Affairs; and
``(V) the Under Secretary for Management.
``(B) A description of the new reporting structure for the head of the Bureau, as well as a description of the data and evidence used to justify such new structure.
``(C) A plan describing how the new reporting structure will better enable the head of the Bureau to carry out the responsibilities specified in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy.
``(5) Rule of construction.--Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).
``(6) Coordination.--
``(A) Cyberspace policy coordinating committee.--In conjunction with establishing the Bureau pursuant to this subsection, there is established a senior-level Cyberspace Policy Coordinating Committee to ensure that cyberspace issues receive broad senior level-attention and coordination across the Department of State and provide ongoing oversight of such issues. The Cyberspace Policy Coordinating Committee shall be chaired by the head of the Bureau or an official of the Department of State holding a higher position, and operate on an ongoing basis, meeting not less frequently than quarterly. Committee members shall include appropriate officials at the Assistant Secretary level or higher from--
``(i) the Under Secretariat for Political Affairs;
``(ii) the Under Secretariat for Civilian Security, Democracy, and Human Rights;
``(iii) the Under Secretariat for Economic Growth, Energy and the Environment;
``(iv) the Under Secretariat for Arms Control and International Security;
``(v) the Under Secretariat for Management; and
``(vi) other senior level Department participants, as appropriate.
``(B) Other meetings.--The head of the Bureau shall convene other coordinating meetings with appropriate officials from the Department of State and other components of the United States Government to ensure regular coordination and collaboration on crosscutting cyber policy issues.
``(b) Sense of Congress.--It is the sense of Congress that the Bureau of International Cyberspace Policy established under section 1(g) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including such individuals from traditionally under- represented groups.
``(c) United Nations.--The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 4.''.
SEC. 6. INTERNATIONAL CYBERSPACE EXECUTIVE ARRANGEMENTS.
(a) In General.--The President is encouraged to enter into executive arrangements with foreign governments that support the policy described in section 4.
(b) Transmission to Congress.--Section 112b of title 1, United States Code, is amended--
(1) in subsection (a) by striking ``International Relations'' and inserting ``Foreign Affairs'';
(2) in subsection (e)(2)(B), by adding at the end the following new clause:
``(iii) A bilateral or multilateral cyberspace agreement.'';
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following new subsection:
``(f) With respect to any bilateral or multilateral cyberspace agreement under subsection (e)(2)(B)(iii) and the information required to be transmitted to Congress under subsection (a), or with respect to any arrangement that seeks to secure commitments on responsible country behavior in cyberspace consistent with section 4(b)(5) of the Cyber Diplomacy Act of 2021, the Secretary of State shall provide an explanation of such arrangement, including--
``(1) the purpose of such arrangement;
``(2) how such arrangement is consistent with the policy described in section 4 of such Act; and
``(3) how such arrangement will be implemented.''.
(c) Status Report.--During the 5-year period immediately following the transmittal to Congress of an agreement described in clause (iii) of section 112b(e)(2)(B) of title 1, United States Code, as added by subsection (b)(2), or until such agreement has been discontinued, if discontinued within 5 years, the President shall--
(1) notify the appropriate congressional committees if another country fails to adhere to significant commitments contained in such agreement; and
(2) describe the steps that the United States has taken or plans to take to ensure that all such commitments are fulfilled.
(d) Existing Executive Arrangements.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees regarding any executive bilateral or multilateral cyberspace arrangement in effect before the date of enactment of this Act, including--
(1) the arrangement announced between the United States and Japan on April 25, 2014;
(2) the arrangement announced between the United States and the United Kingdom on January 16, 2015;
(3) the arrangement announced between the United States and China on September 25, 2015;
(4) the arrangement announced between the United States and Korea on October 16, 2015;
(5) the arrangement announced between the United States and Australia on January 19, 2016;
(6) the arrangement announced between the United States and India on June 7, 2016;
(7) the arrangement announced between the United States and Argentina on April 27, 2017;
(8) the arrangement announced between the United States and Kenya on June 22, 2017;
(9) the arrangement announced between the United States and Israel on June 26, 2017;
(10) the arrangement announced between the United States and France on February 9, 2018;
(11) the arrangement announced between the United States and Brazil on May 14, 2018; and
(12) any other similar bilateral or multilateral arrangement announced before such date of enactment.
SEC. 7. INTERNATIONAL STRATEGY FOR CYBERSPACE.
(a) Strategy Required.--Not later than one year after the date of the enactment of this Act, the President, acting through the Secretary of State, and in coordination with the heads of other relevant Federal departments and agencies, shall develop a strategy relating to United States engagement with foreign governments on international norms with respect to responsible state behavior in cyberspace.
(b) Elements.--The strategy required under subsection (a) shall include the following:
(1) A review of actions and activities undertaken to support the policy described in section 4.
(2) A plan of action to guide the diplomacy of the Department of State with regard to foreign countries, including--
(A) conducting bilateral and multilateral activities to--
(i) develop norms of responsible country behavior in cyberspace consistent with the objectives specified in section 4(b)(5); and
(ii) share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and
(B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms in cyberspace.
(3) A review of alternative concepts with regard to international norms in cyberspace offered by foreign countries.
(4) A detailed description of new and evolving threats in cyberspace from foreign adversaries, state-sponsored actors, and private actors to--
(A) United States national security;
(B) Federal and private sector cyberspace infrastructure of the United States;
(C) intellectual property in the United States; and
(D) the privacy and security of citizens of the United States.
(5) A review of policy tools available to the President to deter and de-escalate tensions with foreign countries, state- sponsored actors, and private actors regarding threats in cyberspace, the degree to which such tools have been used, and whether such tools have been effective deterrents.
(6) A review of resources required to conduct activities to build responsible norms of international cyber behavior.
(7) A plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department of State with regard to inclusion of cyber issues in mutual defense agreements.
(c) Form of Strategy.--
(1) Public availability.--The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register.
(2) Classified annex.--The strategy required under subsection (a) may include a classified annex, consistent with United States national security interests, if the Secretary of State determines that such annex is appropriate.
(d) Briefing.--Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary of State shall brief the appropriate congressional committees on the strategy, including any material contained in a classified annex.
(e) Updates.--The strategy required under subsection (a) shall be updated--
(1) not later than 90 days after any material change to United States policy described in such strategy; and
(2) not later than one year after the inauguration of each new President.
SEC. 8. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
The Foreign Assistance Act of 1961 is amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection:
``(h)(1) The report required under subsection (d) shall include an assessment of freedom of expression with respect to electronic information in each foreign country, which information shall include the following:
``(A) An assessment of the extent to which government authorities in the country inappropriately attempt to filter, censor, or otherwise block or remove nonviolent expression of political or religious opinion or belief through the Internet, including electronic mail, and a description of the means by which such authorities attempt to inappropriately block or remove such expression.
``(B) An assessment of the extent to which government authorities in the country have persecuted or otherwise punished, arbitrarily and without due process, an individual or group for the nonviolent expression of political, religious, or ideological opinion or belief through the Internet, including electronic mail.
``(C) An assessment of the extent to which government authorities in the country have sought, inappropriately and with malicious intent, to collect, request, obtain, or disclose without due process personally identifiable information of a person in connection with that person's nonviolent expression of political, religious, or ideological opinion or belief, including expression that would be protected by the International Covenant on Civil and Political Rights, adopted at New York December 16, 1966, and entered into force March 23, 1976, as interpreted by the United States.
``(D) An assessment of the extent to which wire communications and electronic communications are monitored without due process and in contravention to United States policy with respect to the principles of privacy, human rights, democracy, and rule of law.
``(2) In compiling data and making assessments under paragraph (1), United States diplomatic personnel should consult with relevant entities, including human rights organizations, the private sector, the governments of like- minded countries, technology and Internet companies, and other appropriate nongovernmental organizations or entities.
``(3) In this subsection--
``(A) the term `electronic communication' has the meaning given the term in section 2510 of title 18, United States Code;
``(B) the term `Internet' has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3));
``(C) the term `personally identifiable information' means data in a form that identifies a particular person; and
``(D) the term `wire communication' has the meaning given the term in section 2510 of title 18, United States Code.''; and
(2) in section 502B (22 U.S.C. 2304)--
(A) by redesignating the second subsection (i) (relating to child marriage) as subjection (j); and
(B) by adding at the end the following new subsection:
``(k)(1) The report required under subsection (b) shall include an assessment of freedom of expression with respect to electronic information in each foreign country, which information shall include the following:
``(A) An assessment of the extent to which government authorities in the country inappropriately attempt to filter, censor, or otherwise block or remove nonviolent expression of political or religious opinion or belief through the Internet, including electronic mail, and a description of the means by which such authorities attempt to inappropriately block or remove such expression.
``(B) An assessment of the extent to which government authorities in the country have persecuted or otherwise punished, arbitrarily and without due process, an individual or group for the nonviolent expression of political, religious, or ideological opinion or belief through the Internet, including electronic mail.
``(C) An assessment of the extent to which government authorities in the country have sought, inappropriately and with malicious intent, to collect, request, obtain, or disclose without due process personally identifiable information of a person in connection with that person's nonviolent expression of political, religious, or ideological opinion or belief, including expression that would be protected by the International Covenant on Civil and Political Rights, adopted at New York December 16, 1966, and entered into force March 23, 1976, as interpreted by the United States.
``(D) An assessment of the extent to which wire communications and electronic communications are monitored without due process and in contravention to United States policy with respect to the principles of privacy, human rights, democracy, and rule of law.
``(2) In compiling data and making assessments under paragraph (1), United States diplomatic personnel should consult with relevant entities, including human rights organizations, the private sector, the governments of like- minded countries, technology and Internet companies, and other appropriate nongovernmental organizations or entities.
``(3) In this subsection--
``(A) the term `electronic communication' has the meaning given the term in section 2510 of title 18, United States Code;
``(B) the term `Internet' has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3));
``(C) the term `personally identifiable information' means data in a form that identifies a particular person; and
``(D) the term `wire communication' has the meaning given the term in section 2510 of title 18, United States Code.''.
SEC. 9. GAO REPORT ON CYBER DIPLOMACY.
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes--
(1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests in cyberspace, including the policy described in section 4;
(2) an assessment of the Department of State's organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests in cyberspace, including a review of--
(A) the establishment of a Bureau in the Department of State to lead the Department's international cyber mission;
(B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of the Bureau;
(C) how the establishment of the Bureau has impacted or is likely to impact the structure and organization of the Department; and
(D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and
(3) any other matters determined relevant by the Comptroller General.
SEC. 10. SENSE OF CONGRESS ON CYBERSECURITY SANCTIONS AGAINST
NORTH KOREA AND CYBERSECURITY LEGISLATION IN
VIETNAM.
It is the sense of Congress that--
(1) the President should designate all entities that knowingly engage in significant activities undermining cybersecurity through the use of computer networks or systems against foreign persons, governments, or other entities on behalf of the Government of North Korea, consistent with section 209(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9229(b));
(2) the cybersecurity law approved by the National Assembly of Vietnam on June 12, 2018--
(A) may not be consistent with international trade standards; and
(B) may endanger the privacy of citizens of Vietnam; and
(3) the Government of Vietnam should work with the United States and other countries to ensure that such law meets all relevant international standards.
Housing Financial Literacy Act of 2021
H.R. 1395
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Financial Literacy Act of 2021''.
SEC. 2. DISCOUNT ON MORTGAGE INSURANCE PREMIUM PAYMENTS FOR
FIRST-TIME HOMEBUYERS WHO COMPLETE FINANCIAL
LITERACY HOUSING COUNSELING PROGRAMS.
The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended--
(1) by inserting before the comma the following: ``and such program is completed before the mortgagor has signed an application for a mortgage to be insured under this title or a sales agreement''; and
(2) by striking ``not exceed 2.75 percent of the amount of the original insured principal obligation of the mortgage'' and inserting ``be 25 basis points lower than the premium payment amount established by the Secretary under the first sentence of this subparagraph''.
Fair Debt Collection Practices for Servicemembers Act
H.R. 1491
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Debt Collection Practices for Servicemembers Act''.
SEC. 2. ENHANCED PROTECTION AGAINST DEBT COLLECTOR HARASSMENT
OF SERVICEMEMBERS.
(a) Communication in Connection With Debt Collection.-- Section 805 of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered member' means--
``(A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or
``(ii) a person, with respect to an individual described in clause (i), described in subparagraph (A), (D), (E), or (I) of section 1072(2) of title 10, United States Code.
``(2) Prohibitions.--A debt collector may not, in connection with the collection of any debt of a covered member--
``(A) threaten to have the covered member reduced in rank;
``(B) threaten to have the covered member's security clearance revoked; or
``(C) threaten to have the covered member prosecuted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).''.
(b) Unfair Practices.--Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following:
``(9) The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security clearance; or
``(C) prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).''.
SEC. 3. GAO STUDY.
The Comptroller General of the United States shall conduct a study and submit a report to Congress on the impact of this Act on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection Practices Act, as added by this Act);
(2) military readiness; and
(3) national security, including the extent to which covered members with security clearances would be impacted by uncollected debt.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Promoting Transparent Standards for Corporate Insiders Act
H.R. 1528
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Transparent Standards for Corporate Insiders Act''.
SEC. 2. SEC STUDY.
(a) Study.--
(1) In general.--The Securities and Exchange Commission shall carry out a study of whether Rule 10b5-1 (17 CFR 240.10b5-1) should be amended to--
(A) limit the ability of issuers and issuer insiders to adopt a plan described under paragraph (c)(1)(i)(A)(3) of Rule 10b5-1 (``trading plan'') to a time when the issuer or issuer insider is permitted to buy or sell securities during issuer-adopted trading windows;
(B) limit the ability of issuers and issuer insiders to adopt multiple trading plans;
(C) establish a mandatory delay between the adoption of a trading plan and the execution of the first trade pursuant to such a plan and, if so and depending on the Commission's findings with respect to subparagraph (A)--
(i) whether any such delay should be the same for trading plans adopted during an issuer-adopted trading window as opposed to outside of such a window; and
(ii) whether any exceptions to such a delay are appropriate;
(D) limit the frequency that issuers and issuer insiders may modify or cancel trading plans;
(E) require issuers and issuer insiders to file with the Commission trading plan adoptions, amendments, terminations and transactions; or
(F) require boards of issuers that have adopted a trading plan to--
(i) adopt policies covering trading plan practices;
(ii) periodically monitor trading plan transactions; and
(iii) ensure that issuer policies discuss trading plan use in the context of guidelines or requirements on equity hedging, holding, and ownership.
(2) Additional considerations.--In carrying out the study required under paragraph (1), the Commission shall consider--
(A) how any such amendments may clarify and enhance existing prohibitions against insider trading;
(B) the impact any such amendments may have on the ability of issuers to attract persons to become an issuer insider;
(C) the impact any such amendments may have on capital formation;
(D) the impact any such amendments may have on an issuer's willingness to operate as a public company; and
(E) any other consideration that the Commission considers necessary and appropriate for the protection of investors.
(b) Report.--Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Commission shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing all findings and determinations made in carrying out the study required under section (a).
(c) Rulemaking.--After the completion of the study required under subsection (a), the Commission shall, subject to public notice and comment, revise Rule 10b5-1 consistent with the results of such study.
Improving FHA Support for Small-Dollar Mortgages Act of 2021
H.R. 1532
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving FHA Support for Small-Dollar Mortgages Act of 2021''.
SEC. 2. REVIEW OF FHA SMALL-DOLLAR MORTGAGE PRACTICES.
(a) Congressional Findings.--The Congress finds that--
(1) affordable homeownership opportunities are being hindered due to the lack of financing available for home purchases under $70,000;
(2) according to the Urban Institute, small-dollar mortgage loan applications in 2017 were denied by lenders at double the rate of denial for large mortgage loans, and this difference in denial rates cannot be fully explained by differences in the applicants' credit profiles;
(3) according to data compiled by Attom Data solutions, small-dollar mortgage originations have decreased 38 percent since 2009, while there has been a 65-percent increase in origination of mortgages for more than $150,000;
(4) the FHA's mission is to serve creditworthy borrowers who are underserved and, according to the Urban Institute, the FHA serves 24 percent of the overall market, but only 19 percent of the small-dollar mortgage market; and
(5) the causes behind these variations are not fully understood, but merit study that could assist in furthering the Department of Housing and Urban Development's mission, including meeting the housing needs of borrowers the program is designed to serve and reducing barriers to homeownership, while protecting the solvency of the Mutual Mortgage Insurance Fund.
(b) Review.--The Secretary of Housing and Urban Development shall conduct a review of its FHA single-family mortgage insurance policies, practices, and products to identify any barriers or impediments to supporting, facilitating, and making available mortgage insurance for mortgages having an original principal obligation of $70,000 or less. Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the findings of such review and the actions that the Secretary will take, without adversely affecting the solvency of the Mutual Mortgage Insurance Fund, to remove such barriers and impediments to providing mortgage insurance for such mortgages.
National Senior Investor Initiative Act of 2021
H.R. 1565
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Senior Investor Initiative Act of 2021'' or the ``Senior Security Act of 2021''.
SEC. 2. SENIOR INVESTOR TASKFORCE.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following:
``(k) Senior Investor Taskforce.--
``(1) Establishment.--There is established within the Commission the Senior Investor Taskforce (in this subsection referred to as the `Taskforce').
``(2) Director of the taskforce.--The head of the Taskforce shall be the Director, who shall--
``(A) report directly to the Chairman; and
``(B) be appointed by the Chairman, in consultation with the Commission, from among individuals--
``(i) currently employed by the Commission or from outside of the Commission; and
``(ii) having experience in advocating for the interests of senior investors.
``(3) Staffing.--The Chairman shall ensure that--
``(A) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and
``(B) such staff shall include individuals from the Division of Enforcement, Office of Compliance Inspections and Examinations, and Office of Investor Education and Advocacy.
``(4) No compensation for members of taskforce.--All members of the Taskforce appointed under paragraph (2) or (3) shall serve without compensation in addition to that received for their services as officers or employees of the United States.
``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described under paragraph
(3)(B) and any other divisions, offices, or taskforces of the Commission.
``(6) Functions of the taskforce.--The Taskforce shall--
``(A) identify challenges that senior investors encounter, including problems associated with financial exploitation and cognitive decline;
``(B) identify areas in which senior investors would benefit from changes in the regulations of the Commission or the rules of self-regulatory organizations;
``(C) coordinate, as appropriate, with other offices within the Commission, other taskforces that may be established within the Commission, self-regulatory organizations, and the Elder Justice Coordinating Council; and
``(D) consult, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and other Federal agencies.
``(7) Report.--The Taskforce, in coordination, as appropriate, with the Office of the Investor Advocate and self-regulatory organizations, and in consultation, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and Federal agencies, shall issue a report every 2 years to the Committee on Banking, Housing, and Urban Affairs and the Special Committee on Aging of the Senate and the Committee on Financial Services of the House of Representatives, the first of which shall not be issued until after the report described in section 3 of the National Senior Investor Initiative Act of 2021 has been issued and considered by the Taskforce, containing--
``(A) appropriate statistical information and full and substantive analysis;
``(B) a summary of recent trends and innovations that have impacted the investment landscape for senior investors;
``(C) a summary of regulatory initiatives that have concentrated on senior investors and industry practices related to senior investors;
``(D) key observations, best practices, and areas needing improvement, involving senior investors identified during examinations, enforcement actions, and investor education outreach;
``(E) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services;
``(F) an analysis with regard to existing policies and procedures of brokers, dealers, investment advisers, and other market participants related to senior investors and senior investor-related topics and whether these policies and procedures need to be further developed or refined;
``(G) recommendations for such changes to the regulations, guidance, and orders of the Commission and self-regulatory organizations and such legislative actions as may be appropriate to resolve problems encountered by senior investors; and
``(H) any other information, as determined appropriate by the Director of the Taskforce.
``(8) Request for reports.--The Taskforce shall make any report issued under paragraph (7) available to a Member of Congress who requests such a report.
``(9) Sunset.--The Taskforce shall terminate after the end of the 10-year period beginning on the date of the enactment of this subsection.
``(10) Senior investor defined.--For purposes of this subsection, the term `senior investor' means an investor over the age of 65.
``(11) Use of existing funds.--The Commission shall use existing funds to carry out this subsection.''.
SEC. 3. GAO STUDY.
(a) In General.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Senior Investor Taskforce the results of a study of financial exploitation of senior citizens.
(b) Contents.--The study required under subsection (a) shall include information with respect to--
(1) economic costs of the financial exploitation of senior citizens--
(A) associated with losses by victims that were incurred as a result of the financial exploitation of senior citizens;
(B) incurred by State and Federal agencies, law enforcement and investigatory agencies, public benefit programs, public health programs, and other public programs as a result of the financial exploitation of senior citizens;
(C) incurred by the private sector as a result of the financial exploitation of senior citizens; and
(D) any other relevant costs that--
(i) result from the financial exploitation of senior citizens; and
(ii) the Comptroller General determines are necessary and appropriate to include in order to provide Congress and the public with a full and accurate understanding of the economic costs resulting from the financial exploitation of senior citizens in the United States;
(2) frequency of senior financial exploitation and correlated or contributing factors--
(A) information about percentage of senior citizens financially exploited each year; and
(B) information about factors contributing to increased risk of exploitation, including such factors as race, social isolation, income, net worth, religion, region, occupation, education, home-ownership, illness, and loss of spouse; and
(3) policy responses and reporting of senior financial exploitation--
(A) the degree to which financial exploitation of senior citizens unreported to authorities;
(B) the reasons that financial exploitation may be unreported to authorities;
(C) to the extent that suspected elder financial exploitation is currently being reported--
(i) information regarding which Federal, State, and local agencies are receiving reports, including adult protective services, law enforcement, industry, regulators, and professional licensing boards;
(ii) information regarding what information is being collected by such agencies; and
(iii) information regarding the actions that are taken by such agencies upon receipt of the report and any limits on the agencies' ability to prevent exploitation, such as jurisdictional limits, a lack of expertise, resource challenges, or limiting criteria with regard to the types of victims they are permitted to serve;
(D) an analysis of gaps that may exist in empowering Federal, State, and local agencies to prevent senior exploitation or respond effectively to suspected senior financial exploitation; and
(E) an analysis of the legal hurdles that prevent Federal, State, and local agencies from effectively partnering with each other and private professionals to effectively respond to senior financial exploitation.
(c) Senior Citizen Defined.--For purposes of this section, the term ``senior citizen'' means an individual over the age of 65.
Eliminate Barriers to Innovation Act of 2021
H.R. 1602
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminate Barriers to Innovation Act of 2021''.
SEC. 2. WORKING GROUP TO SUPPORT INNOVATION WITH RESPECT TO
DIGITAL ASSETS.
(a) Establishment.--Not later than 90 days after the date of the enactment of this section, the Securities and Exchange Commission and the Commodity Futures Trading Commission shall jointly establish a working group (to be known as the ``SEC and CFTC Working Group on Digital Assets'') to carry out the report required under subsection (c)(1).
(b) Membership.--
(1) In general.--The Working Group shall be composed of members appointed in accordance with paragraph (2).
(2) Appointment of members.--
(A) Representatives of commissions.--The Securities and Exchange Commission and the Commodity Futures Trading Commission shall each appoint an equal number of employees of each such Commission to serve as members of the Working Group.
(B) Representatives of nongovernmental stakeholders.--
(i) Appointment.--The Securities and Exchange Commission and the Commodity Futures Trading Commission shall each appoint an equal number of nongovernmental representatives to serve as members of the Working Group, except that such number of members may not be greater than or equal to the number of members appointed under subparagraph (A).
(ii) Required members.--The members of the Working Group appointed under clause (i) shall include at least one representative from each of the following:
(I) Financial technology companies that provide products or services involving digital assets.
(II) Financial firms under the jurisdiction of the Securities and Exchange Commission or the Commodity Futures Trading Commission.
(III) Institutions or organizations engaged in academic research or advocacy relating to digital asset use.
(IV) Small businesses engaged in financial technology.
(V) Investor protection organizations.
(VI) Institutions and organizations that support investment in historically-underserved businesses.
(C) No compensation for members of the working group.--
(i) Federal employee members.--All members of the Working Group appointed under subparagraph (A) shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(ii) Non-federal members.--All members of the Working Group appointed under subparagraph (B) shall serve without compensation.
(c) Report.--
(1) In general.--Not later than 1 year after the date of the enactment of this section, the Working Group shall submit to the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the relevant committees a report that contains--
(A) an analysis of--
(i) the legal and regulatory framework and related developments in the United States relating to digital assets, including--
(I) the impact that lack of clarity in such framework has on primary and secondary markets in digital assets; and
(II) how the domestic legal and regulatory regimes relating to digital assets impact the competitive position of the United States; and
(ii) developments in other countries related to digital assets and identification of how these developments impact the competitive position of the United States; and
(B) recommendations--
(i) for the creation, maintenance, and improvement of primary and secondary markets in digital assets, including for improving the fairness, orderliness, integrity, efficiency, transparency, availability, and efficacy of such markets;
(ii) for standards concerning custody, private key management, cybersecurity, and business continuity relating to digital asset intermediaries; and
(iii) for best practices to--
(I) reduce fraud and manipulation of digital assets in cash, leveraged, and derivatives markets;
(II) improve investor protections for participants in such markets; and
(III) assist in compliance with anti-money laundering and countering the financing of terrorism obligations under the Bank Secrecy Act.
(2) Report limited to sec and cftc authorities.--The analysis and recommendations provided under subparagraphs (A) and (B) of paragraph (1) may only relate to the laws, regulations, and related matters that are under the primary jurisdiction of the Securities and Exchange Commission or the Commodity Futures Trading Commission.
(d) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Working Group.
(e) Termination.--
(1) In general.--The Working Group shall terminate on the date that is 1 year after the date of the enactment of this section, except that the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission may, jointly, extend the Working Group for a longer period, not to exceed one year.
(2) Second report in the case of extension.--In the case of an extension of the Working Group under paragraph (1), the Working Group shall, not later than the last day of such extension, submit to the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the relevant committees a report that contains an update to the analysis and recommendations required under subparagraphs (A) and (B) of subsection (c)(1).
(f) 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) chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.); and
(C) subchapter II of chapter 53 of title 31, United States Code.
(2) Historically-underserved businesses.--The term
``historically-underserved businesses'' means women-owned businesses, minority-owned businesses, and rural businesses.
(3) Relevant committees.--The term ``relevant committees'' means--
(A) the Committee on Financial Services of the House of Representatives;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on Agriculture of the House of Representatives; and
(D) the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(4) Working group.--The term ``Working Group'' means the working group established under subsection (a).
Training in High-demand Roles to Improve Veteran Employment Act
H.R. 2523
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training in High-demand Roles to Improve Veteran Employment Act'' or the ``THRIVE Act''.
SEC. 2. IMPROVEMENTS TO COVID-19 VETERAN RAPID RETRAINING
ASSISTANCE PROGRAM.
(a) In General.--Section 8006 of the American Rescue Plan Act of 2021 (Public Law 117-2) is amended--
(1) by striking paragraph (3) of subsection (c) and inserting the following new paragraph (3):
``(3) Determination of high-demand occupations.--
``(A) Initial implementation.--In carrying out this section, the Secretary shall use the list of high-demand occupations prepared in conjunction with the Secretary of Labor.
``(B) Modifications.--The Secretary of Veterans Affairs may add and remove occupations from the list under subparagraph
(A) as the Secretary determines appropriate.'';
(2) in subsection (d)(3)--
(A) in the matter preceding subparagraph (A), by inserting
``(other than such a program pursued solely through distance learning on a half-time basis or less)'' after ``a covered program of education under the retraining assistance program under this section''; and
(B) in subparagraph (C), by striking ``less than a half- time basis'' and inserting ``a half-time basis or less'';
(3) by redesignating subsections (f), (g), and (h) as subsections (k), (l), and (m), respectively;
(4) by inserting after subsection (e) the following new subsections:
``(f) Employee Assistance.--The Secretary of Veterans Affairs, in consultation with the Secretary of Labor, shall contact each veteran who pursues a covered program of education under this section--
``(1) not later than 30 days after the date on which the veteran begins the program of education to notify the veteran of the availability of employment placement services upon completion of the program; and
``(2) not later than 14 days after the date on which the veteran completes, or terminates participation in, such program to facilitate the provision of employment placement services to such veteran.
``(g) Nonprofit Organization.--
``(1) In general.--The Secretary of Veterans Affairs shall seek to enter into a memorandum of understanding with one or more qualified nonprofit organizations for the purpose of facilitating the employment of veterans who participate in the retraining assistance program under this section.
``(2) Qualified nonprofit organization.--For purposes of this subsection, a qualified nonprofit organization is a nonprofit organization that--
``(A) is an association of businesses; and
``(B) has at least two years of experience providing job placement services for veterans.
``(h) Follow up Outreach.--The Secretary of Veterans Affairs, in coordination with the Secretary of Labor, shall contact each veteran who completes a covered program of education under the retraining assistance program under this section 30, 60, 90, and 180 days after the veteran completes such program of education to ask the veteran about the experience of the veteran in the retraining assistance program and the veteran's employment status.
``(i) Quarterly Reports.--Not later than the date that is one year after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Labor shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing the following information about veterans who participate in the retraining assistance program under this section:
``(1) The percentage of such veterans who found employment before the end of the second calendar quarter after exiting the program.
``(2) The percentage of such veterans who found employment before the end of the fourth calendar quarter after exiting the program.
``(3) The median earnings of all such veterans for the second quarter after exiting the program.
``(4) The percentage of such veterans who attain a recognized postsecondary credential during the 12-month period after exiting the program.
``(j) Comptroller General Report.--Not later than 180 days after the termination of the retraining assistance program under subsection (l), the Comptroller General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the outcomes and effectiveness of the program.'';
(5) in subsection (l), as so redesignated, by striking ``No retraining assistance may be paid under this section after the date that is 21 months after the date of the enactment of this Act'' and inserting ``No retraining assistance may be paid under this section for a covered program of education that begins on or after December 11, 2022'';
(6) in subsection (m), as so redesignated, by striking the period at the end and inserting the following: ``, which shall be carried out as if such section were authorized for the payment of readjustment and rehabilitation benefits to or on behalf of veterans under chapters 30, 31, and 41 of title 38, United States Code. Not more than $386,000,000 may be obligated or expended to carry out this section.''; and
(7) by adding at the end the following new subsection:
``(n) Definitions.--In this section:
``(1) The term `covered public health emergency' means the declaration--
``(A) of a public health emergency, based on an outbreak of COVID-19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
``(B) of a domestic emergency, based on an outbreak of COVID-19 by the President, the Secretary of Homeland Security, or State, or local authority.
``(2) The term `veteran' means--
``(A) a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable; or
``(B) a member of a reserve component of the Armed Forces who performs active service for a period of 30 days or longer by reason of the covered public health emergency.
``(3) The term `active service' has the meaning given such term in section 101 of title 10, United States Code.''.
(b) Effective Date.--The amendments made by subsection (a) shall apply as if included in the enactment of the American Rescue Plan Act of 2021 (Public Law 117-2).
SEC. 3. INFORMATION PROVIDED BY DEPARTMENT OF VETERANS
AFFAIRS ABOUT POSTSECONDARY EDUCATIONAL
INSTITUTIONS.
(a) Additional Information To Be Provided.--Subsection (c) of section 3698 of title 38, United States Code, is amended--
(1) in paragraph (1)(C)--
(A) in clause (xi), by striking ``and'' at the end;
(B) in clause (xii), by striking the period and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(xiii) whether the institution is listed on the College Navigator website as affiliated with a religion and, if so, which religious denomination;
``(xiv) whether the Secretary of Education or other head of a department or agency of the Federal Government has determined that the institution is a minority serving institution and, if so, which one or more types of minority serving institutions; and
``(xv) whether the institution is gender specific.''; and
(2) in paragraph (2), by adding at the end the following new sentence: ``To the extent practicable, the Secretary shall ensure that such information is provided in a searchable format.''.
(b) Definition.--Subsection (f) of such section is amended by adding at the end the following new paragraphs:
``(3) The term `College Navigator website' has the meaning given that term in section 132 of the Higher Education Act
(20 U.S.C. 1015a).
``(4) The term `minority serving institution' means any of the following:
``(A) A part B institution, as such term is defined in section 322(2) of the Higher Education Act (20 U.S.C. 1061(2)).
``(B) A Hispanic-serving institution, as such term is defined in section 502(a)(5) of such Act (20 U.S.C. 1101a(5)).
``(C) A Tribal College or University, as such term is defined in section 316(b)(3) of such Act (20 U.S.C. 1059c(b)(3)).
``(D) A predominantly Black institution, as such term is defined in section 318(b)(6) of such Act (20 U.S.C. 1059e(b)(6)).
``(E) A Native American-serving, nontribal institution, as such term is defined in section 319(b)(2) of such Act (20 U.S.C. 1059f(b)(6)).
``(F) An Alaska Native-serving institution or Native Hawaiian-serving institution, as such terms are defined in section 317(b) of such Act (20 U.S.C. 1059d(b)).
``(G) An Asian American and Native American Pacific Islander-serving institution, as such term is defined in section 320(b) of such Act (20 U.S.C. 1059g(b)).''.
(c) Application.--The amendments made by this section shall apply with respect to the information provided under section 3698 of title 38, United States Code, beginning on the date that is two years after the date of the enactment of this Act.
SEC. 4. DELAY OF EFFECTIVE DATE FOR LIMITATION ON COLOCATION
AND ADMINISTRATION OF STATE APPROVING AGENCIES.
Section 1024 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315) is amended to read as follows:
``SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF
STATE APPROVING AGENCIES.
``(a) In General.--Section 3671 of title 38, United States Code, is amended by adding at the end the following new subsection:
`` `(c) The Secretary may not recognize a State department or agency as the State approving agency for a State for purposes of this chapter if such department or agency is administered at, or colocated with, a university or university system that offers courses or programs of education that are subject to approval under this chapter by the State approving agency for that State.'.
``(b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act.''.
SEC. 5. CLARIFICATION OF APPLICABILITY OF TREATMENT OF
CERTAIN FOR-PROFIT EDUCATIONAL INSTITUTIONS.
(a) Clarification.--Section 1022(c) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by inserting ``, or the conversion of a for-profit educational institution to a public educational institution,'' after
``nonprofit educational institution''.
(b) Effective Date.--The amendment made by subsection (a) shall apply as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).
SEC. 6. CLARIFICATIONS REGARDING REQUIREMENTS FOR EDUCATIONAL
INSTITUTIONS PARTICIPATING IN THE EDUCATIONAL
ASSISTANCE PROGRAMS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
Subsection (f) of section 3679 of title 38, United States Code, as added by section 1018 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), is amended--
(1) in paragraph (1)(E), by inserting ``, to the maximum extent practicable,'' after ``including'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services,'' after ``educational institution'';
(B) in paragraph (A)(ii), by striking ``1-month'' and inserting ``one-month''; and
(C) by striking subparagraph (B) and inserting the following new subparagraph (B):
``(B) Provides a commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance.'';
(3) in paragraph (4)(A), by striking clause (ii) and inserting the following new clauses:
``(ii) Suspending the approval of the courses and programs of education offered by the educational institution by disapproving new enrollments of eligible veterans and eligible persons in each course or program of education offered by that educational institution.
``(iii) Revoking the approval of the courses and programs of education offered by the educational institution by disapproving all enrollments of eligible veterans and eligible persons in each course or program of education offered by that educational institution''; and
(4) in paragraph (5)(A), by striking ``1-academic-year period'' and inserting ``one-academic-year period''.
SEC. 7. TECHNICAL CORRECTIONS.
(a) Title 38.--Title 38, United States Code, is amended as follows:
(1) The second section 1164, as added by section 5501 the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), is redesignated as section 1166 and transferred so as to appear after section 1165 (and the table of sections at the beginning of chapter 11 of such title is conformed accordingly).
(2) Subsection (l) of section 3313, as added by section 1010 of such Act (as effective on August 1, 2021), is amended to read as follows:
``(l) Verification of Enrollment.--
``(1) In general.--The Secretary shall require--
``(A) each educational institution to submit to the Secretary verification of each individual who is enrolled in a course or program of education at the educational institution and is receiving educational assistance under this chapter--
``(i) not later than such time as the Secretary determines reasonable after the date on which the individual is enrolled; and
``(ii) not later than such time as the Secretary determines reasonable after the last date on which a student is able to withdraw from the course or program of education without penalty; and
``(B) each individual who is enrolled in a course or program of education and is receiving educational assistance under this chapter to submit to the Secretary verification of such enrollment for each month during which the individual is so enrolled and receiving such educational assistance.
``(2) Form of verification.--Verification under this subsection shall be in an electronic form prescribed by the Secretary.
``(3) Failure to submit verification.--If an individual fails to submit the verification required under paragraph
(1)(B) for two consecutive months, the Secretary may not make a monthly housing stipend payment to the individual under this section until the individual submits such verification.''.
(3) Section 3673A, as added by section 1013 of such Act, is amended--
(A) in subsection (a), by striking ``searchable''; and
(B) in subsection (c), by inserting ``searchable'' before
``database''.
(4) The subsection (f) of section 3679, as added by section 1017 of such Act, is redesignated as paragraph (3) of subsection (a) of such section 3679 and is transferred so as to appear after paragraph (2) of such subsection.
(5) Section 3696(g)(4)(A)(iii)(III), as amended by section 1020 of such Act, is amended by striking ``paragraph (3)(B) of this subsection'' and inserting ``paragraph (3)''.
(b) Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended as follows:
(1) In section 1013(a)(1), by inserting ``of title 38'' after ``of chapter 36''.
(2) In section 2205(c)--
(A) in the heading, by striking ``Effective Date'' and inserting ``Applicability''; and
(B) by striking ``the date that is two years after the date of the enactment of this Act'' and inserting ``the date of the enactment of this Act and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act.''
(3) In section 4101(b), by striking ``subchapter'' and inserting ``chapter''.
(4) In section 5501--
(A) in subsection (a)(1), by striking ``of such title'' and inserting ``of title 38, United States Code''; and
(B) in subsection (b), by striking ``section 1164'' each place it appears and inserting ``section 1166''.
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Supporting People of Belarus and Their Democratic Aspirations and
Condemning Election Rigging and Subsequent Violent Crackdowns on
Peaceful Protesters
H. Res. 124
Whereas the Republic of Belarus held a presidential election on August 9, 2020, that was neither free nor fair;
Whereas the presidential election took place without appropriate observation from local independent groups and international delegations;
Whereas since the presidential election, Belarusians have demonstrated their strong desire and commitment to a democratic future by organizing peaceful protests in Minsk and across the country;
Whereas Belarusian civil society, led by Sviatlana Tsikhanouskaya, has called for the resignation of Alyaksandr Lukashenka, the peaceful transition of power, the organization of new, free, and fair elections and the release of all political prisoners;
Whereas Belarusian opposition leaders have faced intimidation, harassment, and detention, including direct threats leading to the forced exile of Sviatlana Tsikhanouskaya in Lithuania as well as the kidnapping and imprisonment of Maria Kalesnikava and other opposition leaders;
Whereas in the months since the election, Belarusian authorities have arbitrarily detained and brutally assaulted tens of thousands of peaceful protesters, journalists, and opposition figures, of which hundreds remain in detention;
Whereas human rights groups have documented hundreds of horrific accounts of torture, including sexual violence and rape, along with other instances ill-treatment and excessive force used against detainees arrested for peaceful protest;
Whereas on August 13 and 14, 2020, relatives of detainees held in the infamous ``Akrestsina'' detention facility in Minsk recorded the sounds of ``incessant beatings which were clearly audible in the street, and numerous voices screaming out in agony with some begging for mercy'';
Whereas thousands of Belarusians have fled to neighboring countries seeking political asylum;
Whereas independent journalists and the free media have faced intimidation, violence, mass arrests and prosecution, with many foreign journalists being stripped of their accreditation;
Whereas Katsyaryna Andreyeva and Darya Chultsovatwo, two journalists who work for Belsat, an independent Polish-based satellite television station aimed at Belarus, have each been sentenced to two years in prison simply for reporting live from a rally in Minsk in November 2020;
Whereas Ihar Losik, a popular Belarusian blogger on Telegram, went on a hunger strike for 6 weeks to protest the politically-motivated charges that he helped organize riots after the fraudulent presidential election;
Whereas member states of the Organization for Security and Co-operation in Europe (OSCE), of which the United States and Belarus are members, invoked paragraph 12 of the 1991 Moscow Document of the Conference on the Human Dimension of the OSCE
(Moscow Mechanism) to establish a mission of experts to review allegations of human rights violations;
Whereas the OSCE Rapporteur's Report under the Moscow Mechanism on Alleged Human Rights Violations related to the presidential elections of August 9, 2020, in Belarus, published November 5, 2020, concluded that there was
``overwhelming evidence that the presidential elections of 9 August 2020 [had] been falsified and that massive and systematic human rights violations [had] been committed by the Belarusian security forces in response to peaceful demonstrations and protests'';
Whereas women have played a leading role in peaceful demonstrations across the country, protesting the police brutality and mass detentions by wearing red and white, carrying flowers, and forming ``solidarity chains'';
Whereas the information technology (IT) industry in Belarus has played a prominent role in the democratic movement by demanding an end to violent oppression, as well as creating safe platforms for demonstrators to communicate and track people who have been detained or went missing during mass detentions;
Whereas Belarusian authorities have continually disrupted internet channels in an attempt to limit communication among demonstrators and targeted lead technology companies and their employees advocating for democracy;
Whereas Belarusian state-owned television channels have encouraged violence against peaceful demonstrators;
Whereas a recent survey of IT specialists found that 15 percent of IT specialists working in Belarus have already relocated to neighboring countries, and over 40 percent of IT specialists no longer want to work in Belarus, resulting in a devastating loss of talent for Belarus, possibly permanently damaging the Belarusian technology industry along with the Belarusian economy;
Whereas hundreds of former law enforcement officers in Belarus who have defected in defiance of illegal orders to commit human rights violations and cover up crimes against civilians and those who have assisted law enforcement officers in defecting have faced harassment, financial penalties, arrest, detention, and other punitive measures;
Whereas several peaceful demonstrators have died as a result of police violence, including 31-year-old Roman Bondrenko who was violently beaten by plainclothes police officers and, as a result, suffered head injuries that resulted in his death;
Whereas Belarusian universities continue to expel students and dismiss educators and researchers for participating in peaceful protests;
Whereas child protective services have threatened multiple civic activists with termination of parental rights for bringing minor children to peaceful protests;
Whereas factory workers at state-owned enterprises have been continuously harassed for trying to organize independent trade unions and have been forced to sign political letters opposing sanctions by the European Union under threat of termination of their employment;
Whereas a transatlantic community of legislators has emerged in support of uplifting the democratic aspirations of the Belarusian people;
Whereas international advocacy, including by co-host Latvia, succeeded in preventing the illegitimate Government of Belarus from hosting the 2021 Ice Hockey World Championship;
Whereas the United States, the European Union, the United Kingdom, and Canada have enacted sanctions and other punitive measures against dozens of individuals and entities found responsible for the perpetration of violence against peaceful demonstrators, opposition members, and journalists, among others;
Whereas Alyaksandr Lukashenka continues to undermine the sovereignty and independence of Belarus through efforts to integrate Belarus into a so-called ``Union States'' under the control of Russia;
Whereas the House of Representatives passed the Belarus Democracy, Human Rights, and Sovereignty Act of 2020 with unanimous consent, sending a clear message of overwhelming, bipartisan support for the democratic movement in Belarus;
Whereas the Belarus Democracy, Human Rights, and Sovereignty Act of 2020 was signed into law via the fiscal year 2021 omnibus spending bill, expanding the President's authority to impose sanctions related to Belarus, including on Russian individuals who have undermined Belarus' sovereignty, as well as authorizing increased assistance to counter internet censorship and surveillance technology, support women advocating for freedom and human rights, and support political refugees fleeing the crackdown in Belarus, among other things; and
Whereas the Belarusian opposition, led by Sviatlana Tsikhanouskaya, organized a Day of Solidary on February 7, 2020, where countries, cities, and political and elected leaders, as well as everyday citizens around the world demonstrated their support for the six months of historic peaceful protests since the fraudulent presidential election that took place on August 9, 2020: Now, therefore, be it
Resolved, That the House of Representatives--
(1) finds that the August 9, 2020, presidential election in Belarus was neither free nor fair and, therefore, does not recognize the government-announced results or Alyaksandr Lukashenka as the legitimate President of Belarus;
(2) calls for new free and fair elections under Organization for Security and Co-operation in Europe observation;
(3) affirms that the people of Belarus have the right to determine the future of Belarus without unwelcome intervention from the Russian Federation or any outside actors in violation of Belarusian independence and sovereignty;
(4) condemns the human rights violations committed by Belarusian authorities, including against peaceful demonstrators, civil society activists, opposition leaders, students, educators, employees at state-owned enterprises, medical personnel, and journalists, and calls for such authorities to halt any further acts of violence against civilians;
(5) calls for the immediate release of all political prisoners and those unlawfully detained in connection with the peaceful demonstrations including independent journalists and family members of United States citizens;
(6) recognizes the sacrifices and bravery of the Belarusian people and the incredible organization by Belarusian women to peacefully demand a free and fair democratic process while enduring the state-sponsored violence that followed the August 9, 2020, election;
(7) calls on Alyaksandr Lukashenka and Belarusian authorities to engage in an open and constructive dialogue with the opposition members and other stakeholders to bring about a peaceful transition of power;
(8) calls for the protection of civil society actors and members of the opposition against arbitrary arrest and violence while conducting peaceful discussions relating to the peaceful transition of power in Belarus;
(9) recognizes the Coordination Council established by Sviatlana Tsikhanouskaya as a legitimate institution to participate in a dialogue on a peaceful transition of power;
(10) urges continued cooperation among the United States and its transatlantic allies and partners to explore avenues in support of the democratic movement in Belarus;
(11) calls for further targeted sanctions coordinated between the United States, the European Union, the United Kingdom, Canada, and other allies and partners against Belarusian authorities who committed human rights violations and engaged in activities that resulted in the falsification of the August 9, 2020, election results;
(12) encourages when considering, in coordination with transatlantic partners, the sanctioning of Belarusian state- owned companies that have directly violated the rights of their workers as a result of their participation in or in connection to the ongoing democratic movement in Belarus that the Administration take into consideration the potential implications of making these companies more vulnerable to takeovers by Russian or Chinese state-owned companies;
(13) calls on the transatlantic community to review and consider reassessing any financial assistance that supports the Lukashenka regime, including participation in state debt issuances or procurement contracts;
(14) supports increasing funds available for foreign assistance to Belarusian civil society groups as well as legal assistance for activists and independent journalists, among others, as called for in the Belarus Democracy, Human Rights, and Sovereignty Act of 2020;
(15) urges the President to provide the United States Agency for Global Media with a surge capacity (as such term is defined in section 316 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6216)) for programs and activities in Belarus, including to protect the brave independent journalists reporting from within Belarus as called for in the Belarus Democracy, Human Rights, and Sovereignty Act of 2020;
(16) calls for an international investigation into the human rights abuses committed during and after the August 9, 2020, presidential election; and
(17) continues to support the aspirations of the people of Belarus for democracy, human rights, and the rule of law, and reaffirms that the fulfillment of such aspirations is critical to ensuring the continued strength of Belarusian sovereignty and territorial integrity.
The SPEAKER pro tempore (Ms. Craig). Pursuant to section 6 of House Resolution 330, the ordering of the yeas and nays on postponed motions to suspend the rules with respect to such measures is vacated to the end that all such motions are considered as withdrawn.
The question is on the motion offered by the gentleman from Maryland
(Mr. Hoyer) that the House suspend the rules and pass the bills and the resolution.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.
Mr. ROY. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 355, nays 69, not voting 5, as follows:
YEAS--355
Adams Aderholt Aguilar Allred Amodei Auchincloss Axne Bacon Baird Balderson Barr Barragan Bass Beatty Bentz Bera Bergman Beyer Bice (OK) Bilirakis Bishop (GA) Blumenauer Blunt Rochester Bonamici Bost Bourdeaux Bowman Boyle, Brendan F. Brady Brown Brownley Buchanan Bucshon Burgess Bustos Butterfield Calvert Carbajal Cardenas Carl Carson Cartwright Case Casten Castor (FL) Castro (TX) Cawthorn Chabot Cheney Chu Cicilline Clark (MA) Clarke (NY) Cleaver Clyburn Cohen Cole Comer Connolly Cooper Correa Costa Courtney Craig Crawford Crenshaw Crist Crow Cuellar Curtis Davids (KS) Davis, Danny K. Davis, Rodney Dean DeFazio DeGette DeLauro DelBene Delgado Demings DeSaulnier DesJarlais
Deutch Diaz-Balart Dingell Doggett Doyle, Michael F. Dunn Emmer Escobar Eshoo Espaillat Evans Feenstra Ferguson Fischbach Fitzgerald Fitzpatrick Fleischmann Fletcher Fortenberry Foster Foxx Frankel, Lois Gallagher Gallego Garamendi Garbarino Garcia (CA) Garcia (IL) Garcia (TX) Gimenez Golden Gomez Gonzales, Tony Gonzalez (OH) Gonzalez, Vicente Gottheimer Graves (LA) Graves (MO) Green, Al (TX) Grijalva Grothman Guthrie Hagedorn Harder (CA) Harshbarger Hartzler Hayes Herrera Beutler Higgins (LA) Higgins (NY) Hill Himes Hollingsworth Horsford Houlahan Hoyer Hudson Huffman Issa Jackson Lee Jacobs (CA) Jacobs (NY) Jayapal Jeffries Johnson (GA) Johnson (OH) Johnson (SD) Johnson (TX) Jones Joyce (OH) Joyce (PA) Kahele Kaptur Katko Keating Keller Kelly (IL) Kelly (PA) Khanna Kildee Kilmer Kim (CA) Kim (NJ) Kind Kinzinger Kirkpatrick Krishnamoorthi Kuster Kustoff LaHood LaMalfa Lamb Langevin Larsen (WA) Larson (CT) Latta LaTurner Lawrence Lawson (FL) Lee (CA) Lee (NV) Leger Fernandez Lesko Letlow Levin (CA) Levin (MI) Lieu Lofgren Long Lowenthal Lucas Luetkemeyer Luria Mace Malinowski Malliotakis Maloney, Carolyn B. Maloney, Sean Manning Matsui McBath McCarthy McCaul McClain McCollum McEachin McGovern McHenry McKinley McNerney Meeks Meijer Meng Meuser Mfume Miller (WV) Miller-Meeks Moolenaar Moore (UT) Moore (WI) Morelle Moulton Mrvan Mullin Murphy (FL) Murphy (NC) Nadler Napolitano Neal Neguse Nehls Newhouse Newman Norcross Nunes O'Halleran Obernolte Ocasio-Cortez Owens Palazzo Pallone Panetta Pappas Pascrell Payne Pence Perlmutter Peters Pfluger Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Reed Reschenthaler Rice (NY) Rice (SC) Rodgers (WA) Rogers (AL) Rogers (KY) Ross Roybal-Allard Ruiz Ruppersberger Rush Rutherford Ryan Salazar Sanchez Sarbanes Scalise Scanlon Schakowsky Schiff Schneider Schrader Schrier Schweikert Scott (VA) Scott, David Sewell Sherman Sherrill Simpson Sires Slotkin Smith (MO) Smith (NJ) Smith (WA) Smucker Soto Spanberger Spartz Speier Stanton Stauber Steel Stefanik Steil Stevens Stewart Stivers Strickland Suozzi Swalwell Takano Taylor Tenney Thompson (CA) Thompson (MS) Thompson (PA) Timmons Titus Tlaib Tonko Torres (CA) Torres (NY) Trahan Trone Turner Underwood Upton Valadao Van Drew Van Duyne Vargas Veasey Vela Velazquez Wagner Walberg Walorski Waltz Wasserman Schultz Waters Watson Coleman Welch Wenstrup Westerman Wexton Wild Williams (GA) Wilson (FL) Wilson (SC) Wittman Womack Yarmuth Young Zeldin
NAYS--69
Allen Armstrong Arrington Babin Banks Biggs Bishop (NC) Boebert Brooks Budd Burchett Bush Cammack Carter (GA) Carter (TX) Cline Cloud Davidson Donalds Duncan Estes Fallon Franklin, C. Scott Fulcher Gaetz Gohmert Good (VA) Gooden (TX) Gosar Granger Green (TN) Greene (GA) Griffith Guest Harris Hern Herrell Hice (GA) Hinson Huizenga Jackson Johnson (LA) Jordan Kelly (MS) Lamborn Loudermilk Mann Massie Mast McClintock Miller (IL) Mooney Moore (AL) Norman Omar Palmer Perry Posey Rose Rosendale Rouzer Roy Scott, Austin Sessions Steube Tiffany Weber (TX) Webster (FL) Williams (TX)
NOT VOTING--5
Buck Clyde Gibbs Lynch Smith (NE)
{time} 1808
Mr. BURGESS changed his vote from ``nay'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended, the bills were passed, and the resolution was agreed to.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. Without objection, a motion to reconsider is laid on the table.
Mr. BIGGS. Madam Speaker, I object.
The SPEAKER pro tempore. Objection is heard.
members recorded pursuant to house resolution 8, 117th congress
Allred (Wexton) Barragan (Beyer) Cardenas (Gallego) Costa (Correa) Crenshaw (Fallon) Donalds (Cammack) Grijalva (Garcia (IL)) Kirkpatrick (Stanton) Langevin (Lynch) Lawson (FL) (Evans) Leger Fernandez (Jacobs (CA)) Lieu (Beyer) Lowenthal (Beyer) Meng (Clark (MA)) Mfume (Connolly) Moulton (Perlmutter) Napolitano (Correa) Omar (Bush) Palazzo (Fleischmann) Payne (Pallone) Porter (Wexton) Rush (Underwood) Sewell (DelBene) Stefanik (Katko) Trahan (Lynch) Watson Coleman (Pallone) Welch (McGovern) Wilson (FL) (Hayes) Wilson (SC) (Timmons)
____________________
SOURCE: Congressional Record Vol. 167, No. 68
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