2971 
in hotspots for zoonotic spillover and emerging 
infectious diseases; 
(J) preventing degradation and fragmenta-
tion of forests and other intact ecosystems, par-
ticularly in tropical countries, to minimize inter-
actions between wildlife, human, and livestock 
populations that could contribute to spillover 
events and zoonotic disease transmission, in-
cluding by providing assistance or supporting 
policies to— 
(i) conserve, protect, and restore the 
integrity of such ecosystems; and 
(ii) support the rights of Indigenous 
People and local communities and their 
ability to continue their effective steward 
ship of their intact traditional lands and 
territories; 
(K) supporting development and use of 
multi-data sourced predictive models and deci-
sionmaking tools to identify areas of highest 
probability of zoonotic spillover and to deter-
mine cost-effective monitoring and mitigation 
approaches; and 
(L) other relevant activities described in 
this section that are within the mandate of the
2972 
United States Agency for International Devel-
opment. 
(d) STAFFING REQUIREMENTS.—The Administrator 
of the United States Agency for International Develop-
ment, in collaboration with the United States Fish and 
Wildlife Service, the United States Department of Agri-
culture Animal and Plant Health Inspection Service, the 
Centers for Disease Control and Prevention, and other 
Federal entities as appropriate, is authorized to hire addi-
tional personnel— 
(1) to undertake programs aimed at reducing 
the risks of endemic and emerging infectious dis-
eases and exposure to antimicrobial resistant patho-
gens; 
(2) to provide administrative support and re-
sources to ensure effective and efficient coordination 
of funding opportunities and sharing of expertise 
from relevant United States Agency for Inter-
national Development bureaus and programs, includ-
ing emerging pandemic threats; 
(3) to award funding to on-the-ground projects; 
(4) to provide project oversight to ensure ac-
countability and transparency in all phases of the 
award process; and
2973 
(5) to undertake additional activities under this 
title. 
(e) REPORTING REQUIREMENTS.— 
(1) DEPARTMENT
OF
STATE
AND
UNITED 
STATES
AGENCY
FOR
INTERNATIONAL
DEVELOP-
MENT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, and 
annually thereafter until 2030, the Secretary of 
State and the Administrator of the United 
States Agency for International Development 
shall submit to the appropriate congressional 
committees a report— 
(i) describing— 
(I) the actions taken pursuant to 
this title and the provision of United 
States technical assistance; 
(II) the impact and effectiveness 
of international cooperation on shut-
ting down wildlife markets; 
(III) partnerships developed with 
other institutions of higher learning 
and nongovernmental organizations; 
and
2974 
(IV) the impact and effectiveness 
of international cooperation on pre-
venting the import, export, and do-
mestic commercial trade in live wild-
life for the purpose of human use as 
food or medicine, while accounting for 
the differentiated needs of vulnerable 
populations who depend upon such 
wildlife as a predominant source of 
meat or protein; 
(ii) identifying— 
(I) foreign countries that con-
tinue to enable the operation of wild-
life markets as defined by this title 
and the associated trade of wildlife 
products for human use as food or 
medicine that feeds such markets; 
(II) 
recommendations 
for 
incentivizing or enforcing compliance 
with laws and policies to close wildlife 
markets pursuant to section 6302 and 
uncontrolled, unsanitary, or illicit 
wildlife markets and end the associ-
ated commercial trade in live wildlife 
for human use as food or medicine,
2975 
which may include visa restrictions 
and other diplomatic or economic 
tools; and 
(III) summarizing additional per-
sonnel hired with funding authorized 
under this title, including the number 
hired in each bureau. 
(B) INITIAL
REPORT.—The first report 
submitted under subparagraph (A) shall in-
clude, in addition to the elements described in 
such subparagraph, a summary of existing re-
search and findings related to the risk live wild-
life markets pose to human health through the 
emergence or reemergence of pathogens and ac-
tivities to reduce the risk of zoonotic spillover. 
(C) FORM.—The report required under 
this paragraph shall be submitted in unclassi-
fied form, but may include a classified annex. 
SEC. 6306. LAW ENFORCEMENT ATTACHE DEPLOYMENT. 
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the Director of the United States Fish and 
Wildlife Service, and in consultation with the Secretary 
of State, shall require the Chief of Law Enforcement of 
the United States Fish and Wildlife Service to hire, train, 
and deploy not fewer than 50 new United States Fish and
2976 
Wildlife Service law enforcement attaches, and appro-
priate additional support staff, at 1 or more United States 
embassies, consulates, commands, or other facilities— 
(1) in 1 or more countries designated as a focus 
country or a country of concern in the most recent 
report submitted under section 201 of the Eliminate, 
Neutralize, and Disrupt Wildlife Trafficking Act of 
2016 (16 U.S.C. 7621); and 
(2) in such additional countries or regions, as 
determined by the Secretary of the Interior, that are 
known or suspected to be a source of illegal trade of 
species listed— 
(A) as a threatened species or an endan-
gered species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.); or 
(B) under appendix I of the Convention on 
International Trade in Endangered Species of 
Wild Fauna and Flora, done at Washington 
March 3, 1973 (27 UST 1087; TIAS 8249). 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$150,000,000 for each of fiscal years 2023 through 2032. 
SEC. 6307. RESERVATION OF RIGHTS. 
Nothing in this title shall restrict or otherwise pro-
hibit—
2977 
(1) legal and regulated hunting, fishing, or 
trapping activities for subsistence, sport, or recre-
ation; or 
(2) the lawful domestic and international trans-
port of legally harvested fish or wildlife trophies. 
TITLE 
LXIV—PROHIBITION 
OF 
ARMS SALES TO COUNTRIES 
COMMITTING GENOCIDE OR 
WAR CRIMES AND RELATED 
MATTERS 
SEC. 6401. PROHIBITION OF ARMS SALES TO COUNTRIES 
COMMITTING GENOCIDE OR WAR CRIMES. 
(a) IN GENERAL.—No sale, export, or transfer of de-
fense articles or defense services may occur to any country 
if the Secretary of State has credible information that the 
government of such country has committed or is commit-
ting genocide or violations of international humanitarian 
law after the date of the enactment of this Act. 
(b) EXCEPTION.—The restriction under subsection 
(a) shall not apply if the Secretary of State certifies to 
the appropriate congressional committees that— 
(1) the government has adequately punished the 
persons directly or indirectly responsible for such 
acts through a credible, transparent, and effective 
judicial process;
2978 
(2) appropriate measures have been instituted 
to ensure that such acts will not recur; and 
(3) other appropriate compensation or appro-
priate compensatory measures have been or are 
being provided to the persons harmed by such acts. 
SEC. 6402. CONSIDERATION OF HUMAN RIGHTS AND DE-
MOCRATIZATION IN ARMS EXPORTS. 
(a) IN GENERAL.—In considering the sale, export, or 
transfer of defense articles and defense services to foreign 
countries, the Secretary of State shall— 
(1) also consider the extent to which the gov-
ernment of the foreign country protects human 
rights and supports democratic institutions, includ-
ing an independent judiciary; and 
(2) ensure that the views and expertise of the 
Bureau of Democracy, Human Rights, and Labor of 
the Department of State in connection with any sale, 
export, or transfer are fully taken into account. 
(b) INSPECTOR GENERAL OVERSIGHT.—Not later 
than one year after the date of the enactment of this Act, 
and annually thereafter for four years, the Inspector Gen-
eral of the Department of State shall submit to the appro-
priate congressional committees a report on the implemen-
tation of the requirement under subsection (a) during the 
preceding year.
2979 
SEC. 6403. ENHANCEMENT OF CONGRESSIONAL OVER-
SIGHT OF HUMAN RIGHTS IN ARMS EXPORTS. 
(a) IN GENERAL.—It is the sense of Congress that 
any letter of offer to sell, or any application for a license 
to export or transfer, defense articles or defense services 
controlled for export, regardless of monetary value, should 
take into account as part of its evaluation whether the 
Secretary of State has credible information, with respect 
to a country to which the defense articles or defense serv-
ices are proposed to be sold, exported, or transferred, 
that— 
(1) the government of such country on or after 
the date of enactment of this Act has been deposed 
by a coup d’etat or decree in which the military 
played a decisive role, and a democratically elected 
government has not taken office subsequent to the 
coup or decree; or 
(2) a unit of the security forces of the govern-
ment of such country— 
(A) has violated international humani-
tarian law and has not been credibly inves-
tigated and subjected to a credible and trans-
parent judicial process addressing such allega-
tion; or 
(B) has committed a gross violation of 
human rights, and has not been credibly inves-
2980 
tigated and subjected to a credible and trans-
parent judicial process addressing such allega-
tion, including, inter alia— 
(i) torture; 
(ii) rape or sexual assault; 
(iii) ethnic cleansing of civilians; 
(iv) recruitment or use of child sol-
diers; 
(v) unjust or wrongful detention; 
(vi) the operation of, or effective con-
trol or direction over, secret detention fa-
cilities; or 
(vii) extrajudicial killings or enforced 
disappearances, whether by military, police, 
or other security forces. 
(b) INCLUSION OF INFORMATION IN HUMAN RIGHTS 
REPORT.—The Secretary of State shall also provide to the 
appropriate congressional committees the report described 
in section 502B(c) of the Foreign Assistance Act (22 
U.S.C. 2304(c)) biannually for the period of time specified 
in subsection (c) of this section regarding any country cov-
ered under subsection (a). 
(c) MODIFICATION
OF PRIOR NOTIFICATION
OF 
SHIPMENT OF ARMS.—Section 36(i) of the Arms Export 
Control Act (22 U.S.C. 2776(i)) is amended by striking
2981 
‘‘subject to the requirements of subsection (b) at the joint 
request of the Chairman and Ranking Member’’ and in-
serting ‘‘subject to the requirements of this section at the 
request of the Chairman or Ranking Member’’. 
SEC. 6404. END USE MONITORING OF MISUSE OF ARMS IN 
HUMAN RIGHTS ABUSES. 
(a) END USE MONITORING.—Section 40A(a)(2)(B) 
of the Arms Export Control Act (22 U.S.C. 2785) is 
amended— 
(1) in clause (i), by striking ‘‘; and’’ and insert-
ing a semicolon; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘and;’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) such articles and services are 
not being used to violate international hu-
manitarian law or internationally recog-
nized human rights.’’. 
(b) REPORT.—The Secretary shall report to the ap-
propriate congressional committees on the measures that 
will be taken, including any additional resources needed, 
to conduct an effective end-use monitoring program to ful-
fill the requirement of clause (iii) of section 40A(a)(2)(B)
2982 
of the Arms Export Control Act, as added by subsection 
(a)(3). 
SEC. 6405. DEFINITIONS. 
In this title: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate; and 
(B) the Committee on Foreign Affairs and 
the Committee on Appropriations of the House 
of Representatives. 
(2) The terms ‘‘defense article’’ and ‘‘defense 
service’’ have the same meanings given the terms in 
section 47 of the Arms Export Control Act (22 
U.S.C. 2794). 
TITLE LXV—BURMA ACT OF 2022 
SEC. 6501. SHORT TITLE. 
This title may be cited as the ‘‘Burma Unified 
through Rigorous Military Accountability Act of 2022’’ or 
the ‘‘BURMA Act of 2022’’. 
SEC. 6502. DEFINITIONS. 
In this title: 
(1) BURMESE MILITARY.—The term ‘‘Burmese 
military’’—
2983 
(A) means the Armed Forces of Burma, 
including the army, navy, and air force; and 
(B) includes security services under the 
control of the Armed Forces of Burma such as 
the police and border guards. 
(2) CRIMES
AGAINST
HUMANITY.—The term 
‘‘crimes against humanity’’ includes the following, 
when committed as part of a widespread or system-
atic attack directed against any civilian population, 
with knowledge of the attack: 
(A) Murder. 
(B) Forced transfer of population. 
(C) Torture. 
(D) Extermination. 
(E) Enslavement. 
(F) Rape, sexual slavery, or any other 
form of sexual violence of comparable severity. 
(G) Enforced disappearance of persons. 
(H) Persecution against any identifiable 
group or collectivity on political, racial, na-
tional, ethnic, cultural, religious, gender, or 
other grounds that are universally recognized as 
impermissible under international law.
2984 
(I) Imprisonment or other severe depriva-
tion of physical liberty in violation of funda-
mental rules of international law. 
(3) EXECUTIVE ORDER 14014.—The term ‘‘Ex-
ecutive Order 14014’’ means Executive Order 14014 
(86 Fed. Reg. 9429; relating to blocking property 
with respect to the situation in Burma). 
(4) GENOCIDE.—The term ‘‘genocide’’ means 
any offense described in section 1091(a) of title 18, 
United States Code. 
(5) TRANSITIONAL JUSTICE.—The term ‘‘tran-
sitional justice’’ means the range of judicial, non-
judicial, formal, informal, retributive, and restorative 
measures employed by countries transitioning out of 
armed conflict or repressive regimes, or employed by 
the international community through international 
justice mechanisms, to redress past or ongoing 
atrocities and to promote long-term, sustainable 
peace. 
(6) WAR CRIME.—The term ‘‘war crime’’ has 
the meaning given the term in section 2441(c) of 
title 18, United States Code.
2985 
Subtitle A—Matters Relating to the 
Conflict in Burma 
SEC. 6511. FINDINGS. 
Congress makes the following findings: 
(1) Since 1988, the United States policy of 
principled engagement has fostered positive demo-
cratic reforms in Burma, with elections in 2010, 
2015, and 2020, helping to bring about the partial 
transition to civilian rule and with the latter 2 elec-
tions resulting in resounding electoral victories for 
the National League for Democracy. 
(2) That democratic transition remained incom-
plete, with the military retaining significant power 
and independence from civilian control following the 
2015 elections, including through control of 25 per-
cent of parliamentary seats, a de facto veto over con-
stitutional reform, authority over multiple govern-
ment ministries, and the ability to operate with im-
punity and no civilian oversight. 
(3) Despite some improvements with respect for 
human rights and fundamental freedoms beginning 
in 2010, and the establishment of a quasi-civilian 
government following credible elections in 2015, 
Burma’s military leaders have, since 2016, overseen 
an increase in restrictions to freedom of expression
2986 
(including for members of the press), freedom of 
peaceful assembly, freedom of association, and free-
dom of religion or belief. 
(4) On August 25, 2017, Burmese military and 
security forces launched a genocidal military cam-
paign against Rohingya, resulting in a mass exodus 
of some 750,000 Rohingya from Burma’s Rakhine 
State into Bangladesh, where they remain. The mili-
tary has since taken no steps to improve conditions 
for Rohingya still in Rakhine State, who remain at 
high risk of genocide and other atrocities, or to cre-
ate conditions conducive to the voluntary return of 
Rohingya refugees and other internally displaced 
persons (IDPs). 
(5) The Burmese military has also engaged in 
renewed violence with other ethnic minority groups 
across the country. The military has continued to 
commit atrocities in Chin, Kachin, Kayah, and 
Shan. Fighting in northern Burma has forced more 
than 100,000 people from their homes and into 
camps for internally displaced persons. The Burmese 
military continues to heavily proscribe humanitarian 
and media access to conflict-affected populations 
across the country.
2987 
(6) With more nearly $470,000,000 in humani-
tarian assistance in response to the crisis in fiscal 
year 2021, the United States is the largest humani-
tarian donor to populations in need as a result of 
conflicts in Burma. In May 2021, the United States 
announced nearly $155,000,000 in additional hu-
manitarian assistance to meet the urgent needs of 
Rohingya refugees and host communities in Ban-
gladesh and people affected by ongoing violence in 
Burma’s Rakhine, Kachin, Shan, and Chin states. 
In September 2021, the United States provided 
nearly $180,000,000 in additional critical humani-
tarian assistance to the people of Burma, bringing 
the 
total 
fiscal 
year 
2021 
to 
more 
than 
$434,000,000. 
(7) Both government- and military-initiated in-
vestigations into human rights abuses in Burma in-
volving violence between ethnic minorities and Bur-
mese security forces have failed to yield credible re-
sults or hold perpetrators accountable. 
(8) In its report dated September 17, 2018, the 
United Nations Independent International Fact- 
Finding Mission on Myanmar concluded, on reason-
able grounds, that the factors allowing inference of 
‘‘genocidal intent’’ are present with respect to the
2988 
attacks against Rohingya in Rakhine State, and acts 
by Burmese security forces against Rohingya in 
Rakhine State and other ethnic minorities in Kachin 
and Shan States amount to ‘‘crimes against human-
ity’’ and ‘‘war crimes’’. The Independent Inter-
national Fact-Finding Mission on Myanmar estab-
lished by the United Nations Human Rights Council 
recommended that the United Nations Security 
Council ‘‘should ensure accountability for crimes 
under international law committed in Myanmar, 
preferably by referring the situation to the Inter-
national Criminal Court or alternatively by creating 
an ad hoc international criminal tribunal’’. The Mis-
sion also recommended the imposition of targeted 
economic sanctions, including an arms embargo on 
Burma. 
(9) On December 13, 2018, the United States 
House of Representatives passed House Resolution 
1091 (115th Congress), which expressed the sense of 
the House that ‘‘the atrocities committed against the 
Rohingya by the Burmese military and security 
forces since August 2017 constitute crimes against 
humanity and genocide’’ and called upon the Sec-
retary of State to review the available evidence and 
make a similar determination.
2989 
(10) In a subsequent report dated August 5, 
2019, the United Nations Independent International 
Fact-Finding Mission on Myanmar found that the 
Burmese military’s economic interests ‘‘enable its 
conduct’’ and that it benefits from and supports ex-
tractive industry businesses operating in conflict-af-
fected areas in northern Burma, including natural 
resources, particularly oil and gas, minerals and 
gems and argued that ‘‘through controlling its own 
business empire, the Tatmadaw can evade the ac-
countability and oversight that normally arise from 
civilian oversight of military budgets’’. The report 
called for the United Nations and individual govern-
ments to place targeted sanctions on all senior offi-
cials in the Burmese military as well as their eco-
nomic interests, especially Myanma Economic Hold-
ings Limited and Myanmar Economic Corporation. 
(11) Burma’s November 2020 election resulted 
in a landslide victory for the National League of De-
mocracy, with the National League for Democracy 
winning a large majority of seats in Burma’s na-
tional parliament. The elections were judged to be 
credible, and marked an important step in the coun-
try’s democratic transition.
2990 
(12) On February 1, 2021, the Burmese mili-
tary conducted a coup d’e´tat, declaring a year-long 
state of emergency and detaining State Counsellor 
Aung San Suu Kyi, President Win Myint, and doz-
ens of other government officials and elected mem-
bers of parliament, thus derailing Burma’s transi-
tion to democracy and disregarding the will of the 
people of Burma as expressed in the November 2020 
general elections, which were determined to be cred-
ible by international and national observers. 
(13) Following the coup, some ousted members 
of parliament established the Committee Rep-
resenting the Pyidaungsu Hluttaw (CRPH), which 
subsequently established the National Unity Consult-
ative Council in March of 2021. The National Unity 
Consultative Council includes representatives from a 
broad spectrum of stakeholders in Burma opposed to 
the military and the coup: elected representatives 
from the CRPH, representatives from the ethnic 
armed organizations, members of Burma’s civil dis-
obedience movement, and other anti-coup forces. 
(14) The CRPH subsequently released the Fed-
eral Democracy Charter in March 2021 and estab-
lished the National Unity Government in April 2021. 
The National Unity Government includes represent-
2991 
atives from ethnic minority groups, civil society or-
ganizations, women’s groups, leaders of the civil dis-
obedience movement, and others. 
(15) Since the coup on February 1, 2021, the 
Burmese military has— 
(A) used lethal force on peaceful protestors 
on multiple occasions, killing more than 2,000 
people, including more than 142 children; 
(B) detained more than 10,000 peaceful 
protestors, participants in the Civil Disobe-
dience Movement, labor leaders, government of-
ficials and elected members of parliament, 
members of the media, and others, according to 
the Assistance Association for Political Pris-
oners; 
(C) issued laws and directives used to fur-
ther impede fundamental freedoms, including 
freedom of expression (including for members 
of the press), freedom of peaceful assembly, and 
freedom of association; and 
(D) imposed restrictions on the internet 
and telecommunications. 
(16) According to the UNHCR, more than 
758,000 people have been internally displaced since 
the coup, while an estimated 40,000 have sought ref-
2992 
uge in neighboring countries. Nevertheless, the Bur-
mese military continues to block humanitarian as-
sistance to populations in need. According to the 
World Health Organization, the military has carried 
out more than 286 attacks on health care entities 
since the coup and killed at least 30 health workers. 
Dozens more have been arbitrarily detained, and 
hundreds have warrants out for their arrest. The 
military continued such attacks even as they inhib-
ited efforts to combat a devastating third wave of 
COVID–19. The brutality of the Burmese military 
was on full display on March 27, 2021, Armed 
Forces Day, when, after threatening on state tele-
vision to shoot protesters in the head, security forces 
killed more than 150 people. 
(17) The coup represents a continuation of a 
long pattern of violent and anti-democratic behavior 
by the military that stretches back decades, with the 
military having previously taken over Burma in 
coups d’e´tat in 1962 and 1988, and having ignored 
the results of the 1990 elections, and a long history 
of violently repressing protest movements, including 
killing and imprisoning thousands of peaceful 
protestors during pro-democracy demonstrations in 
1988 and 2007.
2993 
(18) On February 11, 2021, President Biden 
issued Executive Order 14014 in response to the 
coup d’e´tat, authorizing sanctions against the Bur-
mese military, its economic interests, and other per-
petrators of the coup. 
(19) Since the issuance of Executive Order 
14014, President Biden has taken several steps to 
impose costs on the Burmese military and its leader-
ship, including by designating or otherwise imposing 
targeted sanctions with respect to— 
(A) multiple high-ranking individuals and 
their family members, including the Com-
mander-in-Chief of the Burmese military, Min 
Aung Hlaing, Burma’s Chief of Police, Than 
Hlaing, and the Bureau of Special Operations 
commander, Lieutenant General Aung Soe, and 
over 35 other individuals; 
(B) state-owned and military controlled 
companies, including Myanma Economic Hold-
ings Public Company, Ltd., Myanmar Economic 
Corporation, Ltd., Myanmar Economic Hold-
ings Ltd., Myanmar Ruby Enterprise, Myanmar 
Imperial Jade Co., Ltd., and Myanma Gems 
Enterprise; and
2994 
(C) other corporate entities, Burmese mili-
tary units, and Burmese military entities, in-
cluding the military regime’s State Administra-
tive Council. 
(20) The United States has also implemented 
new restrictions on exports and reexports to Burma 
pursuant to Executive Order 14014; and 
(21) On April 24, 2021, the Association of 
Southeast Asian Nations (ASEAN) agreed to a five- 
point consensus which called for an ‘‘immediate ces-
sation of violence’’, ‘‘constructive dialogue among all 
parties’’, the appointment of an ASEAN special 
envoy, the provision of humanitarian assistance 
through ASEAN’s AHA Centre, and a visit by the 
ASEAN special envoy to Burma. Except for the ap-
pointment of the Special Envoy in August 2021, the 
other elements of the ASEAN consensus remain 
unimplemented due to obstruction by the Burmese 
military. 
(22) In June 2021, the National Unity Govern-
ment included ethnic minorities and women among 
its cabinet and released a policy paper outlining 
pledges to Rohingya and calling for ‘‘justice and rep-
arations’’ for the community. The statement affirms 
the Rohingya right to citizenship in Burma, a sig-
2995 
nificant break from past Burmese government poli-
cies. 
(23) On March 21, 2022, Secretary of State 
Antony Blinken announced that the United States 
had concluded that ‘‘members of the Burmese mili-
tary committed genocide and crimes against human-
ity against Rohingya’’. 
SEC. 6512. STATEMENT OF POLICY. 
It is the policy of the United States— 
(1) to support genuine democracy, peace, and 
national reconciliation in Burma; 
(2) to pursue a strategy of calibrated engage-
ment, which is essential to support the establishment 
of a peaceful, prosperous, and democratic Burma 
that includes respect for the human rights of all in-
dividuals regardless of ethnicity and religion; 
(3) to seek the restoration to power of a civilian 
government that reflects the will of the people of 
Burma; 
(4) to support constitutional reforms that en-
sure civilian governance and oversight over the mili-
tary; 
(5) to assist in the establishment of a fully 
democratic, civilian-led, inclusive, and representative 
political system that includes free, fair, credible, and
2996 
democratic elections in which all people of Burma, 
including all ethnic and religious minorities, can par-
ticipate in the political process at all levels including 
the right to vote and to run for elected office; 
(6) to support legal reforms that ensure protec-
tion for the civil and political rights of all individuals 
in Burma, including reforms to laws that criminalize 
the exercise of human rights and fundamental free-
doms, and strengthening respect for and protection 
of human rights, including freedom of religion or be-
lief; 
(7) to seek the unconditional release of all pris-
oners of conscience and political prisoners in Burma; 
(8) to strengthen Burma’s civilian governmental 
institutions, including support for greater trans-
parency and accountability once the military is no 
longer in power; 
(9) to empower and resource local communities, 
civil society organizations, and independent media; 
(10) to promote national reconciliation and the 
conclusion and credible implementation of a nation-
wide cease-fire agreement, followed by a peace proc-
ess that is inclusive of ethnic Rohingya, Shan, 
Rakhine, Kachin, Chin, Karenni, and Karen, and 
other ethnic groups and leads to the development of
2997 
a political system that effectively addresses natural 
resource governance, revenue-sharing, land rights, 
and constitutional change enabling inclusive peace; 
(11) to ensure the protection and non- 
refoulement of refugees fleeing Burma to neigh-
boring countries and prioritize efforts to create a 
conducive environment and meaningfully address 
long-standing structural challenges that undermine 
the safety and rights of Rohingya in Rakhine State 
as well as members of other ethnic and religious mi-
norities in Burma, including by promoting the cre-
ation of conditions for the dignified, safe, sustain-
able, and voluntary return of refugees in Ban-
gladesh, Thailand, and in the surrounding region 
when conditions allow; 
(12) to support an immediate end to restric-
tions that hinder the freedom of movement of mem-
bers of ethnic minorities throughout the country, in-
cluding Rohingya, and an end to any and all policies 
and 
practices 
designed 
to 
forcibly 
segregate 
Rohingya, and providing humanitarian support for 
all internally displaced persons in Burma; 
(13) to support unfettered access for humani-
tarian actors, media, and human rights mechanisms, 
including those established by the United Nations
2998 
Human Rights Council and the United Nations Gen-
eral Assembly, to all relevant areas of Burma, in-
cluding Rakhine, Chin, Kachin, Shan, and Kayin 
States, as well as Sagaing and Magway regions; 
(14) to call for accountability through inde-
pendent, credible investigations and prosecutions for 
any potential genocide, war crimes, and crimes 
against humanity, including those involving sexual 
and gender-based violence and violence against chil-
dren, perpetrated against ethnic or religious minori-
ties, including Rohingya, by members of the military 
and security forces of Burma, and other armed 
groups; 
(15) to encourage reforms toward the military, 
security, and police forces operating under civilian 
control and being held accountable in civilian courts 
for human rights abuses, corruption, and other 
abuses of power; 
(16) to promote broad-based, inclusive economic 
development and fostering healthy and resilient com-
munities; 
(17) to combat corruption and illegal economic 
activity, including that which involves the military 
and its close allies; and
2999 
(18) to promote responsible international and 
regional engagement; 
(19) to support and advance the strategy of 
calibrated engagement, impose targeted sanctions 
with respect to the Burmese military’s economic in-
terests and major sources of income for the Burmese 
military, including with respect to— 
(A) officials in Burma, including the Com-
mander in Chief of the Armed Forces of 
Burma, Min Aung Hlaing, and all individuals 
described in paragraphs (1), (2), and (3) of sec-
tion 202(a), under the authorities provided by 
title II, Executive Order 14014, and the Global 
Magnitsky Human Rights Accountability Act 
(subtitle F of title XII of Public Law 114–328; 
22 U.S.C. 2656 note); 
(B) enterprises owned or controlled by the 
Burmese military, including the Myanmar Eco-
nomic Corporation, Union of Myanmar Eco-
nomic Holding, Ltd., and all other entities de-
scribed in section 202(a)(4), under the authori-
ties provided by title II, the Burmese Freedom 
and Democracy Act of 2003 (Public Law 108– 
61; 50 U.S.C. 1701 note), the Tom Lantos 
Block Burmese JADE (Junta’s Anti-Demo-
3000 
cratic Efforts) Act of 2008 (Public Law 110– 
286; 50 U.S.C. 1701 note), other relevant stat-
utory authorities, and Executive Order 14014; 
and 
(C) state-owned economic enterprises if— 
(i) there is a substantial risk of the 
Burmese military accessing the accounts of 
such an enterprise; and 
(ii) the imposition of sanctions would 
not cause disproportionate harm to the 
people of Burma, the restoration of a civil-
ian government in Burma, or the national 
interest of the United States; and 
(20) to ensure that any sanctions imposed with 
respect to entities or individuals are carefully tar-
geted to maximize impact on the military and secu-
rity forces of Burma and its economic interests while 
minimizing impact on the people of Burma, recog-
nizing the calls from the people of Burma for the 
United States to take action against the sources of 
income for the military and security forces of 
Burma.
3001 
Subtitle B—Sanctions and Policy 
Coordination With Respect to 
Burma 
SEC. 6521. DEFINITIONS. 
In this title: 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations 
and the Committee on Banking, Housing, and 
Urban Affairs of the Senate; and 
(B) the Committee on Foreign Affairs and 
the Committee on Financial Services of the 
House of Representatives. 
(3) 
CORRESPONDENT
ACCOUNT; 
PAYABLE- 
THROUGH ACCOUNT.—The terms ‘‘correspondent ac-
count’’ and ‘‘payable-through account’’ have the 
meanings given those terms in section 5318A of title 
31, United States Code. 
(4) FOREIGN
FINANCIAL
INSTITUTION.—The 
term ‘‘foreign financial institution’’ has the meaning
3002 
of that term as determined by the Secretary of the 
Treasury by regulation. 
(5) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
(6) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
(7) PERSON.—The term ‘‘person’’ means an in-
dividual or entity. 
(8) SUPPORT.—The term ‘‘support’’, with re-
spect to the Burmese military, means to knowingly 
have materially assisted, sponsored, or provided fi-
nancial, material, or technological support for, or 
goods or services to or in support of the Burmese 
military. 
(9) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien law-
fully admitted to the United States for perma-
nent residence; 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the
3003 
United States, including a foreign branch of 
such an entity; or 
(C) any person in the United States. 
SEC. 6522. IMPOSITION OF SANCTIONS WITH RESPECT TO 
HUMAN RIGHTS ABUSES AND PERPETRATION 
OF A COUP IN BURMA. 
(a) MANDATORY SANCTIONS.—Not later than 60 
days after the enactment of this Act, the President shall 
impose the sanctions described in subsection (d) with re-
spect to any foreign person that the President deter-
mines— 
(1) knowingly operates as a senior official or in 
a significant capacity in the defense sector of the 
Burmese economy; 
(2) leading up to, during, and since the Feb-
ruary 2021 coup is responsible for or has directly 
and knowingly engaged in— 
(A) actions or policies that undermine 
democratic processes or institutions in Burma; 
(B) actions or policies that threaten the 
peace, security, or stability of Burma; 
(C) actions or policies that prohibit, limit, 
or penalize the exercise of freedom of expression 
or assembly by people in Burma, or that limit
3004 
access to print, online, or broadcast media in 
Burma; or 
(D) the arbitrary detention or torture of 
any person in Burma or other serious human 
rights abuse in Burma; 
(3) is a senior leader of— 
(A) the Burmese military or security forces 
of Burma, or any successor entity to any of 
such forces; 
(B) the State Administration Council, the 
military-appointed cabinet at the level of Dep-
uty Minister or higher, or a military-appointed 
minister of a Burmese state or region; or 
(C) an entity that has engaged in any ac-
tivity described in paragraph (2) leading up to, 
during, and after the February 2021 coup; 
(4) knowingly operates— 
(A) any entity that is a state-owned eco-
nomic enterprise under Burmese law (other 
than the entity specified in subsection (c)) that 
benefits the Burmese military, including the 
Myanma Gems Enterprise; or 
(B) any entity controlled in whole or in 
part by an entity described in subparagraph
3005 
(A), or a successor to such an entity, that bene-
fits the Burmese military; 
(5) knowingly and materially violates, attempts 
to violate, conspires to violate, or has caused or at-
tempted to cause a violation of any license, order, 
regulation, or prohibition contained in or issued pur-
suant to Executive Order 14014 or this Act; 
(6) to be a spouse or adult child of any person 
described in any of paragraphs (1) through (5); or 
(7) to be owned or controlled by, and to act for 
or on behalf of, directly or indirectly, a person that 
has engaged in the activity described, as the case 
may be, in any of paragraphs (1) through (6). 
(b) ADDITIONAL MEASURE RELATING TO FACILITA-
TION OF TRANSACTIONS.—The Secretary of the Treasury 
shall, in consultation with the Secretary of State, prohibit 
or impose strict conditions on the opening or maintaining 
in the United States of a correspondent account or pay-
able-through account by a foreign financial institution 
that the President determines has, on or after the date 
of the enactment of this Act, knowingly conducted or fa-
cilitated a significant transaction or transactions on behalf 
of a foreign person sanctioned based on subsection (a). 
(c) ADDITIONAL SANCTIONS.—Beginning on the date 
that is 180 days after the date of the enactment of this
3006 
Act, the President shall impose the sanctions described in 
subsection (d) with respect to the Myanma Oil and Gas 
Enterprise. 
(d) SANCTIONS DESCRIBED.—The sanctions that 
may be imposed with respect to a foreign person described 
in subsection (a) are the following: 
(1) PROPERTY
BLOCKING.—Notwithstanding 
the requirements of section 202 of the International 
Emergency Economic Powers Act (50 U.S.C. 1701), 
the President may exercise of all powers granted to 
the President by that Act to the extent necessary to 
block and prohibit all transactions in all property 
and interests in property of the foreign person if 
such property and interests in property are in the 
United States, come within the United States, or are 
or come within the possession or control of a United 
States person. 
(2) FOREIGN EXCHANGE.—The President may, 
pursuant to such regulations as the President may 
prescribe, prohibit any transactions in foreign ex-
change that are subject to the jurisdiction of the 
United States and in which the foreign person has 
any interest. 
(3) VISAS, ADMISSION, OR PAROLE.—
3007 
(A) IN GENERAL.—An alien who the Sec-
retary of State or the Secretary of Homeland 
Security (or a designee of one of such Secre-
taries) knows, or has reason to believe, is de-
scribed in subsection (a) is— 
(i) inadmissible to the United States; 
(ii) ineligible for a visa or other docu-
mentation to enter the United States; and 
(iii) otherwise ineligible to be admitted 
or paroled into the United States or to re-
ceive any other benefit under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(B) CURRENT VISAS REVOKED.— 
(i) IN
GENERAL.—The issuing con-
sular officer, the Secretary of State, or the 
Secretary of Homeland Security (or a des-
ignee of one of such Secretaries) shall, in 
accordance with section 221(i) of the Im-
migration and Nationality Act (8 U.S.C. 
1201(i)), revoke any visa or other entry 
documentation issued to an alien described 
in clause (i) regardless of when the visa or 
other entry documentation is issued.
3008 
(ii) EFFECT OF REVOCATION.—A rev-
ocation under subclause (i)— 
(I) shall take effect immediately; 
and 
(II) shall automatically cancel 
any other valid visa or entry docu-
mentation that is in the alien’s pos-
session. 
(e) EXCEPTIONS.— 
(1) EXCEPTION FOR INTELLIGENCE, LAW EN-
FORCEMENT, 
AND
NATIONAL
SECURITY
ACTIVI-
TIES.—Sanctions under this section shall not apply 
to any authorized intelligence, law enforcement, or 
national security activities of the United States. 
(2) EXCEPTION
TO
COMPLY
WITH
INTER-
NATIONAL
OBLIGATIONS.—Sanctions under sub-
section (d)(3) shall not apply with respect to the ad-
mission of an alien if admitting or paroling the alien 
into the United States is necessary to permit the 
United States to comply with the Agreement regard-
ing the Headquarters of the United Nations, signed 
at Lake Success June 26, 1947, and entered into 
force November 21, 1947, between the United Na-
tions and the United States, or other applicable 
international obligations.
3009 
(3) EXCEPTION RELATING TO THE PROVISION 
OF
HUMANITARIAN
ASSISTANCE.—Sanctions under 
this section may not be imposed with respect to 
transactions or the facilitation of transactions for— 
(A) the sale of agricultural commodities, 
food, medicine, or medical devices to Burma; 
(B) the provision of humanitarian assist-
ance to the people of Burma; 
(C) financial transactions relating to hu-
manitarian assistance or for humanitarian pur-
poses in Burma; or 
(D) transporting goods or services that are 
necessary to carry out operations relating to 
humanitarian assistance or humanitarian pur-
poses in Burma. 
(f) WAIVER.—The President may, on a case-by-case 
basis and for periods not to exceed 180 days each, waive 
the application of sanctions or restrictions imposed with 
respect to a foreign person under this section if the Presi-
dent certifies to the appropriate congressional committees 
not later than 15 days before such waiver is to take effect 
that the waiver is vital to the national security interests 
of the United States. 
(g) IMPLEMENTATION; PENALTIES.—
3010 
(1) IMPLEMENTATION.—The President may ex-
ercise all authorities provided to the President under 
sections 203 and 205 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702 and 
1704) to carry out this section. 
(2) PENALTIES.—The penalties provided for in 
subsections (b) and (c) of section 206 of the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1705) shall apply to a person that violates, 
attempts to violate, conspires to violate, or causes a 
violation of regulations promulgated under section 
403(b) to carry out paragraph (1)(A) to the same 
extent that such penalties apply to a person that 
commits an unlawful act described in section 206(a) 
of that Act. 
(h) REPORT.—Not later than 60 days after the date 
of the enactment of this Act and annually thereafter for 
8 years, the Secretary of the Treasury, in consultation 
with the Secretary of State and the heads of other United 
States Government agencies, as appropriate, shall submit 
to the appropriate congressional committees a report 
that— 
(1) sets forth the plan of the Department of the 
Treasury for ensuring that property blocked pursu-
3011 
ant to subsection (a) or Executive Order 14014 re-
mains blocked; 
(2) describes the primary sources of income to 
which the Burmese military has access and that the 
United States has been unable to reach using sanc-
tions authorities; 
(3) makes recommendations for how the sources 
of income described in paragraph (2) can be reduced 
or blocked; 
(4) evaluates the implications of imposing sanc-
tions on the Burmese-government owned Myanmar 
Oil and Gas Enterprise, including a determination 
with respect to the extent to which sanctions on 
Myanmar Oil and Gas Enterprise would advance the 
interests of the United States in Burma; and 
(5) assesses the impact of the sanctions im-
posed pursuant to the authorities under this Act on 
the Burmese people and the Burmese military. 
SEC. 6523. CERTIFICATION REQUIREMENT FOR REMOVAL 
OF CERTAIN PERSONS FROM THE LIST OF 
SPECIALLY DESIGNATED NATIONALS AND 
BLOCKED PERSONS. 
(a) IN GENERAL.—On or after the date of the enact-
ment of this Act, the President may not remove a person 
described in subsection (b) from the list of specially des-
3012 
ignated nationals and blocked persons maintained by the 
Office of Foreign Assets Control of the Department of the 
Treasury (commonly referred to as the ‘‘SDN list’’) until 
the President submits to the appropriate congressional 
committees a certification described in subsection (c) with 
respect to the person. 
(b) PERSONS DESCRIBED.—A person described in 
this subsection is a foreign person included in the SDN 
list for violations of part 525 of title 31, Code of Federal 
Regulations, or any other regulations imposing sanctions 
on or related to Burma. 
(c) CERTIFICATION DESCRIBED.—A certification de-
scribed in this subsection, with respect to a person de-
scribed in subsection (b), is a certification that the person 
has not knowingly assisted in, sponsored, or provided fi-
nancial, material, or technological support for, or financial 
or other services to or in support of— 
(1) terrorism or a terrorist organization; 
(2) a significant foreign narcotics trafficker (as 
defined in section 808 of the Foreign Narcotics 
Kingpin Designation Act (21 U.S.C. 1907)); 
(3) a significant transnational criminal organi-
zation under Executive Order 13581 (50 U.S.C. 
note; relating to blocking property of transnational 
criminal organizations); or
3013 
(4) any other person on the SDN list. 
(d) FORM.—A certification described in subsection 
(c) shall be submitted in unclassified form but may include 
a classified annex. 
SEC. 6524. SANCTIONS AND POLICY COORDINATION FOR 
BURMA. 
(a) IN GENERAL.—The Secretary of State may des-
ignate an official of the Department of State to serve as 
the United States Special Coordinator for Burmese De-
mocracy (in this section referred to as the ‘‘Special Coordi-
nator’’). 
(b) CENTRAL OBJECTIVE.—The Special Coordinator 
should develop a comprehensive strategy for the implemen-
tation of the full range of United States diplomatic capa-
bilities, including the provisions of this Act, to promote 
human rights and the restoration of civilian government 
in Burma. 
(c) DUTIES AND RESPONSIBILITIES.—The Special 
Coordinator should, as appropriate, assist in— 
(1) coordinating the sanctions policies of the 
United States under section 6522 with relevant bu-
reaus and offices within the Department of State 
and other relevant United States Government agen-
cies;
3014 
(2) conducting relevant research and vetting of 
entities and individuals that may be subject to sanc-
tions under section 6522 and coordinate with other 
United States Government agencies and inter-
national financial intelligence units to assist in ef-
forts to enforce anti-money laundering and anti-cor-
ruption laws and regulations; 
(3) promoting a comprehensive international ef-
fort to impose and enforce multilateral sanctions 
with respect to Burma; 
(4) coordinating with and supporting inter-
agency United States Government efforts, including 
efforts of the United States Ambassador to Burma, 
the United States Ambassador to ASEAN, and the 
United States Permanent Representative to the 
United Nations, relating to— 
(A) identifying opportunities to coordinate 
with and exert pressure on the governments of 
the People’s Republic of China and the Russian 
Federation 
to 
support 
multilateral 
action 
against the Burmese military; 
(B) working with like-minded partners to 
impose a coordinated arms embargo on the 
Burmese military and targeted sanctions on the 
economic interests of the Burmese military, in-
3015 
cluding through the introduction and adoption 
of a United Nations Security Council resolu-
tion; 
(C) engaging in direct dialogue with Bur-
mese civil society, democracy advocates, ethnic 
minority representative groups, and organiza-
tions or groups representing the protest move-
ment and the officials elected in 2020, such as 
the Committee Representing the Pyidaungsu 
Hluttaw, the National Unity Government, the 
National Unity Consultative Council, and their 
designated representatives; 
(D) encouraging the National Unity Gov-
ernment to incorporate accountability mecha-
nisms in relation to the atrocities against 
Rohingya and other ethnic groups, to take fur-
ther steps to make its leadership and member-
ship ethnically diverse, and to incorporate 
measures to enhance ethnic reconciliation and 
national unity into its policy agenda; 
(E) assisting efforts by the relevant United 
Nations 
Special 
Envoys 
and 
Special 
Rapporteurs to secure the release of all political 
prisoners in Burma, promote respect for human 
rights, and encourage dialogue; and
3016 
(F) supporting nongovernmental organiza-
tions operating in Burma and neighboring 
countries working to restore civilian democratic 
rule to Burma and to address the urgent hu-
manitarian needs of the people of Burma; and 
(5) providing timely input for reporting on the 
impacts of the implementation of section 6522 on 
the Burmese military and the people of Burma. 
(d) DEADLINE.—If the Secretary of State has not 
designated the Special Coordinator by the date that is 180 
days after the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on Foreign Affairs 
of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report detailing the rea-
sons for not doing so. 
SEC. 6525. SUPPORT FOR GREATER UNITED NATIONS AC-
TION WITH RESPECT TO BURMA. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United Nations Security Council has 
not taken adequate steps to condemn the February 
1, 2021, coup in Burma, pressure the Burmese mili-
tary to cease its violence against civilians, or secure 
the release of those unjustly detained;
3017 
(2) countries, such as the People’s Republic of 
China and the Russian Federation, that are directly 
or indirectly shielding the Burmese military from 
international scrutiny and action, should be obliged 
to endure the reputational damage of doing so by 
taking public votes on resolutions related to Burma 
that apply greater pressure on the Burmese military 
to restore Burma to its democratic path; and 
(3) The United Nations Secretariat and the 
United Nations Security Council should take con-
crete steps to address the coup and ongoing crisis in 
Burma consistent with the UN General Assembly 
resolution 75/287, ‘‘The situation in Myanmar,’’ 
which was adopted on June 18, 2021. 
(b) SUPPORT FOR GREATER ACTION.—The President 
shall direct the United States Permanent Representative 
to the United Nations to use the voice, vote, and influence 
of the United States to spur greater action by the United 
Nations and the United Nations Security Council with re-
spect to Burma by— 
(1) pushing the United Nations Security Coun-
cil to consider a resolution condemning the February 
1, 2021, coup and calling on the Burmese military 
to cease its violence against the people of Burma 
and release without preconditions the journalists,
3018 
pro-democracy activists, and political officials that it 
has unjustly detained; 
(2) pushing the United Nations Security Coun-
cil to consider a resolution that immediately imposes 
a global arms embargo against Burma to ensure 
that the Burmese military is not able to obtain 
weapons and munitions from other nations to fur-
ther harm, murder, and oppress the people of 
Burma; 
(3) pushing the United Nations and other 
United Nations authorities to cut off assistance to 
the Government of Burma while providing humani-
tarian assistance directly to the people of Burma 
through UN bodies and civil society organizations, 
particularly such organizations working with ethnic 
minorities that have been adversely affected by the 
coup and the Burmese military’s violent crackdown; 
(4) objecting to the appointment of representa-
tives to the United Nations and United Nations bod-
ies such as the Human Rights Council that are 
sanctioned by the Burmese military; 
(5) working to ensure the Burmese military is 
not recognized as the legitimate government of 
Burma in any United Nations body; and
3019 
(6) spurring the United Nations Security Coun-
cil to consider multilateral sanctions against the 
Burmese military for its atrocities against Rohingya 
and individuals of other ethnic and religious minori-
ties, its coup, and the crimes against humanity it 
has and continues to commit in the coup’s after-
math. 
SEC. 6526. SUNSET. 
(a) IN GENERAL.—The authority to impose sanctions 
and the sanctions imposed under this title shall terminate 
on the date that is 8 years after the date of the enactment 
of this Act. 
(b) CERTIFICATION FOR EARLY SUNSET OF SANC-
TIONS.—Sanctions imposed under this title may be re-
moved before the date specified in subsection (a), if the 
President submits to the appropriate congressional com-
mittees a certification that— 
(1) the Burmese military has released all polit-
ical prisoners taken into custody on or after Feb-
ruary 1, 2021, or is providing legal recourse to those 
that remain in custody; 
(2) the elected government has been reinstated 
or new free and fair elections have been held; 
(3) all legal charges against those winning elec-
tion in November 2020 are dropped; and
3020 
(4) the 2008 constitution of Burma has been 
amended or replaced to place the Burmese military 
under civilian oversight and ensure that the Bur-
mese military no longer automatically receives 25 
percent of seats in Burma’s state, regional, and na-
tional Hluttaws. 
Subtitle C—Humanitarian Assist-
ance and Civil Society Support 
With Respect to Burma 
SEC. 6531. SUPPORT TO CIVIL SOCIETY AND INDEPENDENT 
MEDIA. 
(a) AUTHORIZATION TO PROVIDE SUPPORT.—The 
Secretary of State and the Administrator of the United 
States Agency for International Development are author-
ized to provide support to civil society in Burma, Ban-
gladesh, Thailand, and the surrounding region, including 
by— 
(1) ensuring the safety of democracy activists, 
civil society leaders, independent media, participants 
in the Civil Disobedience Movement, and government 
defectors exercising their fundamental rights by— 
(A) supporting safe houses for those under 
threat of arbitrary arrest or detention; 
(B) providing access to secure channels for 
communication;
3021 
(C) assisting individuals forced to flee from 
Burma and take shelter in neighboring coun-
tries, including in ensuring protection assist-
ance and non-refoulement; and 
(D) providing funding to organizations 
that equip activists, civil society organizations, 
and independent media with consistent, long- 
term technical support on physical and digital 
security in local languages; 
(2) supporting democracy activists in their ef-
forts to promote freedom, democracy, and human 
rights in Burma, by— 
(A) providing aid and training to democ-
racy activists in Burma; 
(B) providing aid to individuals and groups 
conducting democracy programming outside of 
Burma targeted at a peaceful transition to con-
stitutional democracy inside Burma; 
(C) providing aid and assistance to inde-
pendent media outlets and journalists and 
groups working to protect internet freedom and 
maintain independent media; 
(D) expanding radio and television broad-
casting into Burma; and
3022 
(E) providing financial support to civil so-
ciety organizations and nongovernmental orga-
nizations led by members of ethnic and religious 
minority groups within Burma and its cross- 
border regions; 
(3) assisting ethnic minority groups and civil 
society in Burma to further prospects for justice, 
reconciliation, and sustainable peace; and 
(4) promoting ethnic minority inclusion and 
participation in political processes in Burma. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $50,000,000 to carry 
out the provisions of this section for each of fiscal years 
2023 through 2027. 
SEC. 6532. HUMANITARIAN ASSISTANCE AND RECONCILI-
ATION. 
(a) AUTHORIZATION
TO PROVIDE HUMANITARIAN 
ASSISTANCE.—The Secretary of State and the Adminis-
trator of the United States Agency for International De-
velopment are authorized to provide humanitarian assist-
ance and reconciliation activities for ethnic groups and 
civil society organizations in Burma, Bangladesh, Thai-
land, and the surrounding region, including— 
(1) assistance for victims of violence by the 
Burmese military, including Rohingya and individ-
3023 
uals from other ethnic minorities displaced or other-
wise affected by conflict, in Burma, Bangladesh, 
Thailand, and the surrounding region; 
(2) support for voluntary resettlement or repa-
triation of displaced individuals in Burma, upon the 
conclusion of genuine agreements developed and ne-
gotiated with the involvement and consultation of 
the displaced individuals and if resettlement or repa-
triation is safe, voluntary, and dignified; 
(3) support for the promotion of ethnic and re-
ligious tolerance, improving social cohesion, com-
bating gender-based violence, increasing the engage-
ment of women in peacebuilding, and mitigating 
human rights violations and abuses against children; 
(4) support for— 
(A) primary, secondary, and tertiary edu-
cation for displaced children living in areas of 
Burma affected by conflict; and 
(B) refugee camps in the surrounding re-
gion and opportunities to access to higher edu-
cation in Bangladesh and Thailand; 
(5) capacity-building support— 
(A) to ensure that displaced individuals are 
consulted and participate in decision-making
3024 
processes affecting the displaced individuals; 
and 
(B) for the creation of mechanisms to fa-
cilitate the participation of displaced individuals 
in such processes; and 
(6) increased humanitarian aid to Burma to ad-
dress the dire humanitarian situation that has up-
rooted 170,000 people through— 
(A) international aid partners; 
(B) the International Committee of the 
Red Cross; and 
(C) cross-border aid. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $220,500,000 to carry 
out the provisions of this section for fiscal year 2023. 
SEC. 6533. AUTHORIZATION OF ASSISTANCE FOR BURMA 
POLITICAL PRISONERS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the freedom of expression, including for 
members of the press, is an inalienable right and 
should be upheld and protected in Burma and every-
where; 
(2) the Burmese military must immediately 
cease the arbitrary arrest, detention, imprisonment,
3025 
and physical attacks of journalists, which have cre-
ated a climate of fear and self-censorship among 
local journalists; 
(3) the Government of Burma should repeal or 
amend all laws that violate the right to freedom of 
expression, peaceful assembly, or association, and 
ensure that laws such as the Telecommunications 
Law of 2013 and the Unlawful Associations Act of 
1908, and laws relating to the right to peaceful as-
sembly all comply with Burma’s human rights obli-
gations; 
(4) all prisoners of conscience and political pris-
oners in Burma should be unconditionally and im-
mediately released; 
(5) the Burmese military should immediately 
and unconditionally release Danny Fenster and 
other journalists unjustly detained for their work; 
(6) the Government of Burma must imme-
diately drop defamation charges against all individ-
uals unjustly detained, including the three Kachin 
activists, Lum Zawng, Nang Pu, and Zau Jet, who 
led a peaceful rally in Mytkyina, the capital of 
Kachin State in April 2018, and that the prosecu-
tion of Lum Zawng, Nang Pu, and Zau Jet is an 
attempt by Burmese authorities to intimidate, har-
3026 
ass, and silence community leaders and human 
rights defenders who speak out about military 
abuses and their impact on civilian populations; and 
(7) the United States Government should use 
all diplomatic tools to seek the unconditional and im-
mediate release of all prisoners of conscience and po-
litical prisoners in Burma. 
(b) POLITICAL PRISONERS ASSISTANCE.—The Sec-
retary of State is authorized to continue to provide assist-
ance to civil society organizations in Burma that work to 
secure the release of and support prisoners of conscience 
and political prisoners in Burma, including— 
(1) support for the documentation of human 
rights violations with respect to prisoners of con-
science and political prisoners; 
(2) support for advocacy in Burma to raise 
awareness of issues relating to prisoners of con-
science and political prisoners; 
(3) support for efforts to repeal or amend laws 
that are used to imprison individuals as prisoners of 
conscience or political prisoners; 
(4) support for health, including mental health, 
and post-incarceration assistance in gaining access 
to education and employment opportunities or other 
forms of reparation to enable former prisoners of
3027 
conscience and political prisoners to resume normal 
lives; and 
(5) the creation, in consultation with former po-
litical prisoners and prisoners of conscience, their 
families, and their representatives, of an inde-
pendent prisoner review mechanism in Burma— 
(A) to review the cases of individuals who 
may have been charged or deprived of their lib-
erty for peacefully exercising their human 
rights; 
(B) to review all laws used to arrest, pros-
ecute, and punish individuals as political pris-
oners and prisoners of conscience; and 
(C) to provide recommendations to the 
Government of Burma for the repeal or amend-
ment of all such laws. 
(c) TERMINATION.—The authority to provide assist-
ance under this section shall terminate on the date that 
is 8 years after the date of the enactment of this Act.
3028 
Subtitle D—Accountability for 
Human Rights Abuses 
SEC. 6541. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, 
CRIMES AGAINST HUMANITY, AND GENOCIDE 
IN BURMA. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to continue the support of ongoing mecha-
nisms and special procedures of the United Nations 
Human Rights Council, including the United Na-
tions Independent Investigative Mechanism for 
Myanmar and the Special Rapporteur on the situa-
tion of human rights in Myanmar; and 
(2) to refute the credibility and impartiality of 
efforts sponsored by the Government of Burma, such 
as the Independent Commission of Enquiry, unless 
the United States Ambassador at Large for Global 
Criminal Justice determines the efforts to be cred-
ible and impartial and notifies the appropriate con-
gressional committees in writing and in unclassified 
form regarding that determination. 
(b) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of State, after consultation with the heads of other United 
States Government agencies and representatives of human
3029 
rights organizations, as appropriate, shall submit to the 
appropriate congressional committees a report that— 
(1) evaluates the persecution of Rohingya in 
Burma by the Burmese military; 
(2) after consulting with the Atrocity Early 
Warning Task Force, or any successor entity or of-
fice, provides a detailed description of any proposed 
atrocity prevention response recommended by the 
Task Force as it relates to Burma; 
(3) summarizes any atrocity crimes committed 
against Rohingya or members of other ethnic minor-
ity groups in Burma between 2012 and the date of 
the submission of the report; 
(4) describes any potential transitional justice 
mechanisms for Burma; 
(5) provides an analysis of whether the reports 
summarized under paragraph (3) amount to war 
crimes, crimes against humanity, or genocide; 
(6) includes an assessment on which events that 
took place in the state of Rakhine in Burma, start-
ing on August 25, 2017, constitute war crimes, 
crimes against humanity, or genocide; and 
(7) includes a determination with respect to 
whether events that took place during or after the
3030 
coup of February 1, 2021, in any state in Burma 
constitute war crimes or crimes against humanity. 
(c) ELEMENTS.—The report required by subsection 
(b) shall include the following: 
(1) A description of— 
(A) credible evidence of events that may 
constitute war crimes, crimes against humanity, 
or genocide committed by the Burmese military 
against Rohingya and members of other ethnic 
minority groups, including the identities of any 
other actors involved in the events; 
(B) the role of the civilian government in 
the commission of any events described in sub-
paragraph (A); 
(C) credible evidence of events of war 
crimes, crimes against humanity, or genocide 
committed by other armed groups in Burma; 
(D) attacks on health workers, health fa-
cilities, health transport, or patients and, to the 
extent possible, the identities of any individuals 
who engaged in or organized such attacks in 
Burma; and 
(E) to the extent possible, the conventional 
and unconventional weapons used for any
3031 
events or attacks described in this paragraph 
and the sources of such weapons. 
(2) In consultation with the Administrator of 
the United States Agency for International Develop-
ment, the Attorney General, and heads of any other 
appropriate United States Government agencies, as 
appropriate, a description and assessment of the ef-
fectiveness of any efforts undertaken by the United 
States to promote accountability for war crimes, 
crimes against humanity, and genocide perpetrated 
against Rohingya by the Burmese military, the gov-
ernment of the Rakhine State, pro-government mili-
tias, or other armed groups operating in the 
Rakhine State, including efforts— 
(A) to train civilian investigators, within 
and outside of Burma and Bangladesh, to docu-
ment, investigate, develop findings of, identify, 
and locate alleged perpetrators of war crimes, 
crimes against humanity, or genocide in Burma; 
(B) to promote and prepare for a transi-
tional justice mechanism for the perpetrators of 
war crimes, crimes against humanity, and geno-
cide occurring in the Rakhine State in 2017; 
and
3032 
(C) to document, collect, preserve, and pro-
tect evidence of war crimes, crimes against hu-
manity, and genocide in Burma, including by— 
(i) 
providing 
support 
for 
ethnic 
Rohingya, Shan, Rakhine, Kachin, Chin, 
and Kayin and other ethnic minorities; 
(ii) Burmese, Bangladeshi, foreign, 
and international nongovernmental organi-
zations; 
(iii) the Independent Investigative 
Mechanism for Myanmar; and 
(iv) other entities engaged in inves-
tigative activities with respect to war 
crimes, crimes against humanity, and 
genocide in Burma. 
(3) A detailed study of the feasibility and desir-
ability of a transitional justice mechanism for 
Burma, such as an international tribunal, a hybrid 
tribunal, or other options, that includes— 
(A) a discussion of the use of universal ju-
risdiction or of legal cases brought against 
Burma by other countries at the International 
Court of Justice regarding any atrocity crimes 
perpetrated in Burma;
3033 
(B) recommendations for any transitional 
justice mechanism the United States should 
support, the reason the mechanism should be 
supported, and the type of support that should 
be offered; and 
(C) consultation regarding transitional jus-
tice 
mechanisms 
with 
representatives 
of 
Rohingya and individuals from other ethnic mi-
nority groups who have suffered human rights 
violations and abuses. 
(d) PROTECTION OF WITNESSES AND EVIDENCE.— 
The Secretary of State shall seek to ensure that the identi-
fication of witnesses and physical evidence used for the 
report required by this section are not publicly disclosed 
in a manner that might place witnesses at risk of harm 
or encourage the destruction of evidence by the military 
or government of Burma. 
(e) FORM OF REPORT; PUBLIC AVAILABILITY.— 
(1) FORM.—The report required by subsection 
(b) shall be submitted in unclassified form but may 
include a classified annex. 
(2) PUBLIC
AVAILABILITY.—The unclassified 
portion of the report required by subsection (b) shall 
be posted on a publicly available internet website.
3034 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Relations and 
the Committee on Armed Services of the Senate; and 
(2) the Committee on Foreign Affairs and the 
Committee on Armed Services of the House of Rep-
resentatives. 
SEC. 6542. AUTHORIZATION TO PROVIDE TECHNICAL AS-
SISTANCE FOR EFFORTS AGAINST HUMAN 
RIGHTS ABUSES. 
(a) IN GENERAL.—The Secretary of State is author-
ized to provide assistance to support appropriate civilian 
or international entities that— 
(1) identify suspected perpetrators of war 
crimes, crimes against humanity, and genocide; 
(2) collect, document, and protect evidence of 
crimes and preserving the chain of custody for such 
evidence; 
(3) conduct criminal investigations of such 
crimes; and 
(4) support investigations conducted by other 
countries, and by entities mandated by the United 
Nations, such as the Independent Investigative 
Mechanism for Myanmar.
3035 
(b) AUTHORIZATION
FOR TRANSITIONAL JUSTICE 
MECHANISMS.—The Secretary of State, taking into ac-
count any relevant findings in the report submitted under 
section 6542, is authorized to provide support for the es-
tablishment and operation of transitional justice mecha-
nisms, including a hybrid tribunal, to prosecute individuals 
suspected of committing war crimes, crimes against hu-
manity, or genocide in Burma. 
Subtitle E—Sanctions Exception 
Relating to Importation of Goods 
SEC. 6551. SANCTIONS EXCEPTION RELATING TO IMPORTA-
TION OF GOODS. 
(a) IN GENERAL.—The authorities and requirements 
to impose sanctions under this title shall not include the 
authority or requirement to impose sanctions on the im-
portation of goods. 
(b) GOOD DEFINED.—In this section, the term 
‘‘good’’ means any article, natural or man-made sub-
stance, material, supply, or manufactured product, includ-
ing inspection and test equipment, and excluding technical 
data.
3036 
TITLE LXVI—PROMOTING AND 
ADVANCING 
COMMUNITIES 
OF COLOR THROUGH INCLU-
SIVE LENDING ACT 
SEC. 6601. SHORT TITLE. 
This title may be cited as the ‘‘Promoting and Ad-
vancing Communities of Color Through Inclusive Lending 
Act’’. 
Subtitle A—Promoting and Advanc-
ing 
Communities 
of 
Color 
Through Inclusive Lending 
SEC. 6611. STRENGTHENING DIVERSE AND MISSION-DRIV-
EN COMMUNITY FINANCIAL INSTITUTIONS. 
(a) MINORITY LENDING INSTITUTION SET-ASIDE IN 
PROVIDING ASSISTANCE.— 
(1) IN GENERAL.—Section 108 of the Riegle 
Community Development and Regulatory Improve-
ment Act of 1994 (12 U.S.C. 4707) is amended by 
adding at the end the following: 
‘‘(i) SUPPORTING MINORITY INSTITUTIONS.—Not-
withstanding any other provision of law, in providing any 
assistance to community development financial institu-
tions, the Fund shall reserve 40 percent of such assistance 
for minority lending institutions.’’.
3037 
(2) DEFINITIONS.—Section 103 of the Riegle 
Community Development and Regulatory Improve-
ment Act of 1994 (12 U.S.C. 4702) is amended by 
adding at the end the following: 
‘‘(22) MINORITY LENDING INSTITUTION.—The 
term ‘minority lending institution’ has the meaning 
given that term under section 523(c) of division N 
of the Consolidated Appropriations Act, 2021.’’. 
(b) OFFICE
OF
MINORITY
LENDING
INSTITU-
TIONS.—Section 104 of the Riegle Community Develop-
ment and Regulatory Improvement Act of 1994 (12 
U.S.C. 4703) is amended by adding at the end the fol-
lowing: 
‘‘(l) CDFI OFFICE OF MINORITY LENDING INSTITU-
TIONS.—There is established within the Fund an Office 
of Minority Lending Institutions, which shall oversee as-
sistance provided by the Fund to minority lending institu-
tions.’’. 
(c) REPORTING ON MINORITY LENDING INSTITU-
TIONS.—Section 117 of the Riegle Community Develop-
ment and Regulatory Improvement Act of 1994 (12 
U.S.C. 4716) is amended by adding at the end the fol-
lowing: 
‘‘(g) REPORTING ON MINORITY LENDING INSTITU-
TIONS.—Each report required under subsection (a) shall
3038 
include a description of the extent to which assistance 
from the Fund are provided to minority lending institu-
tions.’’. 
(d) SUBMISSION OF DEMOGRAPHIC DATA RELATING 
TO DIVERSITY BY COMMUNITY DEVELOPMENT FINAN-
CIAL INSTITUTIONS.—Section 104 of the Riegle Commu-
nity Development and Regulatory Improvement Act of 
1994 (12 U.S.C. 4703), as amended by subsection (b), 
is further amended by adding at the end the following: 
‘‘(m) SUBMISSION OF DEMOGRAPHIC DATA RELAT-
ING TO DIVERSITY.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘executive officer’ has the 
meaning given the term in section 230.501(f) of 
title 17, Code of Federal Regulations, as in ef-
fect on the date of enactment of this subsection; 
‘‘(B) the term ‘gender identity’ means the 
gender-related identity, appearance, manner-
isms, or other gender-related characteristics of 
an individual, regardless of the individual’s des-
ignated sex at birth; 
‘‘(C) the term ‘sexual orientation’ means 
homosexuality, heterosexuality, or bisexuality; 
and
3039 
‘‘(D) the term ‘veteran’ has the meaning 
given the term in section 101 of title 38, United 
States Code. 
‘‘(2) SUBMISSION OF DISCLOSURE.—Each Fund 
applicant and recipient shall provide data regarding 
such factors as may be determined by the Fund, 
which may include the following: 
‘‘(A) Demographic data, based on vol-
untary self-identification, on the racial, ethnic, 
gender identity, and sexual orientation composi-
tion of— 
‘‘(i) the board of directors of the insti-
tution; and 
‘‘(ii) the executive officers of the insti-
tution. 
‘‘(B) The status of any member of the 
board of directors of the institution, any nomi-
nee for the board of directors of the institution, 
or any executive officer of the institution, based 
on voluntary self-identification, as a veteran. 
‘‘(C) Whether the board of directors of the 
institution, or any committee of that board of 
directors, has, as of the date on which the insti-
tution makes a disclosure under this paragraph,
3040 
adopted any policy, plan, or strategy to promote 
racial, ethnic, and gender diversity among— 
‘‘(i) the board of directors of the insti-
tution; 
‘‘(ii) nominees for the board of direc-
tors of the institution; or 
‘‘(iii) the executive officers of the in-
stitution. 
‘‘(3) REPORT TO CONGRESS.—Not later than 
24 months after the date of enactment of this sub-
section, and every other year thereafter, the Fund 
shall submit to the Committee on Banking, Housing, 
and Urban Affairs of the Senate and the Committee 
on Financial Services of the House of Representa-
tives, and make publicly available on the website of 
the Fund, a report— 
‘‘(A) on the demographic data and trends 
of the diversity information made available pur-
suant to paragraph (2), including breakdowns 
by each State (including the District of Colum-
bia and each territory of the United States) and 
Tribal government entity; and 
‘‘(B) containing any administrative or leg-
islative recommendations of the Fund to en-
hance the implementation of this title or to pro-
3041 
mote diversity and inclusion within community 
development financial institutions.’’. 
(e) OFFICE OF DIVERSE AND MISSION-DRIVEN COM-
MUNITY FINANCIAL INSTITUTIONS.— 
(1) ESTABLISHMENT.—There is established 
within the Department of the Treasury the Office of 
Diverse and Mission-Driven Community Financial 
Institutions. 
(2) LEADERSHIP.—The Office of Diverse and 
Mission-Driven Community Financial Institutions 
shall be led by a Deputy Assistant Secretary for Di-
verse and Mission-Driven Community Financial In-
stitutions, who shall be appointed by the Secretary 
of the Treasury, in consultation with the Depart-
ment of the Treasury’s Director of Office of Minor-
ity and Women Inclusion. 
(3) FUNCTIONS.—The Office of Diverse and 
Mission-Driven Community Financial Institutions, 
pursuant to the direction of the Secretary, shall seek 
to provide support for diverse and mission-driven 
community financial institutions and have the au-
thority— 
(A) to monitor and issue reports regard-
ing—
3042 
(i) community development financial 
institutions, minority depository institu-
tions, and minority lending institutions; 
and 
(ii) the role such institutions play in 
the financial system of the United States, 
including the impact they have on pro-
viding financial access to low- and mod-
erate-income communities, communities of 
color, and other underserved communities; 
(B) to serve as a resource and Federal liai-
son for current and prospective community de-
velopment financial institutions, minority depos-
itory institutions, and minority lending institu-
tions seeking to engage with the Department of 
the Treasury, the Community Development Fi-
nancial Institutions Fund (‘‘CDFI Fund’’), 
other Federal government agencies, including 
by providing contact information for other of-
fices of the Department of the Treasury or 
other Federal Government agencies, resources, 
technical assistance, or other support for enti-
ties wishing—
3043 
(i) to become certified as a community 
development 
financial 
institution, 
and 
maintain the certification; 
(ii) to obtain a banking charter, de-
posit insurance, or otherwise carry on 
banking activities in a safe, sound, and re-
sponsible manner; 
(iii) 
to 
obtain 
financial 
support 
through private sector deposits, invest-
ments, partnerships, and other means; 
(iv) 
to 
expand 
their 
operations 
through internal growth and acquisitions; 
(v) to develop and upgrade their tech-
nology, cybersecurity resilience, compliance 
systems, data reporting systems, and their 
capacity to support their communities, in-
cluding through partnerships with third- 
party companies; 
(vi) to obtain grants, awards, invest-
ments and other financial support made 
available through the CDFI Fund, the 
Board of Governors of the Federal Reserve 
System, the Central Liquidity Facility, the 
Federal Home Loan Banks, and other 
Federal programs;
3044 
(vii) to participate as a financial inter-
mediary with respect to various Federal 
and State programs and agencies, includ-
ing the State Small Business Credit Initia-
tive and programs of the Small Business 
Administration; and 
(viii) to participate in Financial Agent 
Mentor-Prote´ge´ Program of the Depart-
ment of the Treasury and other Federal 
programs designed to support private sec-
tor partnerships; 
(C) to provide resources to the public wish-
ing to learn more about minority depository in-
stitutions, community development financial in-
stitutions, and minority lending institutions, in-
cluding helping the Secretary implement the re-
quirements under section 334, publishing re-
ports issued by the Office on the website of the 
Department of the Treasury and providing 
hyperlinks to other relevant reports and mate-
rials from other Federal agencies; 
(D) to provide policy recommendations to 
other relevant Federal agencies and Congress 
on ways to further strengthen Federal support 
for community development financial institu-
3045 
tions, minority depository institutions, and mi-
nority lending institutions; 
(E) to assist the Secretary in carrying out 
the Secretary’s responsibilities under section 
308 of the Financial Institutions Reform, Re-
covery, and Enforcement Act of 1989 (12 
U.S.C. 1463 note) to preserve and promote mi-
nority depository institutions in consultation 
with the Chairman of the Board of Governors 
of the Federal Reserve System, the Comptroller 
of the Currency, the Chairman of the National 
Credit Union Administration, and the Chair-
person of the Board of Directors of the Federal 
Deposit Insurance Corporation; 
(F) to carry out other duties of the Sec-
retary of the Treasury required by this subtitle 
and the amendments made by this subtitle, and 
to perform such other duties and authorities as 
may be assigned by the Secretary. 
(f) STRENGTHENING
FEDERAL
EFFORTS
AND 
INTERAGENCY COORDINATION
TO PROMOTE DIVERSE 
AND MISSION-DRIVEN COMMUNITY FINANCIAL INSTITU-
TIONS.— 
(1) 
SENIOR
OFFICIALS
DESIGNATED.—The 
Chairman of the Board of Governors of the Federal
3046 
Reserve System, the Comptroller of the Currency, 
the Chairman of the National Credit Union Admin-
istration, the Chairperson of the Board of Directors 
of the Federal Deposit Insurance Corporation, and 
the Director of the Bureau of Consumer Financial 
Protection shall each, in consultation with their re-
spective Director of Office of Minority and Women 
Inclusion, designate a senior official to be their re-
spective agency’s officer responsible for promoting 
minority depository institutions, community develop-
ment financial institutions, and minority lending in-
stitutions, including to fulfill obligations under sec-
tion 308 of the Financial Institutions Reform, Re-
covery, and Enforcement Act of 1989 (12 U.S.C. 
1463 note) to preserve and promote minority deposi-
tory institutions. 
(2) INTERAGENCY WORKING GROUP.—The De-
partment of the Treasury shall regularly convene 
meetings, no less than once a quarter, of an inter-
agency working group to be known as the ‘‘Inter-
agency Working Group to Promote Diverse and Mis-
sion-Driven Community Financial Institutions’’, 
which shall consist of the senior officials designated 
by their respective agencies under paragraph (1), 
along with the Deputy Assistant Secretary for Di-
3047 
verse and Mission-Driven Community Financial In-
stitutions, the Director of the Community Develop-
ment Financial Institutions Fund, and such other 
government officials as the Secretary of the Treas-
ury may choose to invite, to examine and discuss the 
state of minority depository institutions, community 
development financial institutions, and minority 
lending institutions, and actions the relevant agen-
cies can take to preserve, promote, and strengthen 
these institutions. 
(3) PROMOTING FAIR HOUSING AND COLLEC-
TIVE OWNERSHIP OPPORTUNITIES.— 
(A) INITIAL REPORT.—Not later than 18 
months after the date of the enactment of this 
subsection, the Secretary of Treasury, jointly 
with the Secretary of Housing and Urban De-
velopment, shall issue a report to the covered 
agencies and the Congress examining different 
ways financial institutions, including community 
development financial institutions, can affirma-
tively further fair housing and be encouraged 
and incentivized to carry out activities that ex-
pand long-term wealth-building opportunities 
within low-income and minority communities 
that support collective ownership opportunities,
3048 
including through investments in worker co-
operatives, consumer cooperatives, community 
land trusts, not-for-profit-led shared equity 
homeownership, and limited-equity cooperatives, 
and to provide recommendations to the covered 
agencies and the Congress in the furtherance of 
these objectives. 
(B) PROGRESS UPDATES.—Beginning not 
later than three years after the date of the en-
actment of this subsection, and every five years 
thereafter, the Secretary of the Treasury and 
the Secretary of Housing and Urban Develop-
ment shall, after receiving the necessary up-
dates from the covered agencies, issue a report 
examining the progress made on implementing 
relevant recommendations, and providing any 
additional recommendations to the covered 
agencies and the Congress in furtherance of the 
objectives under subparagraph (A). 
(C) COVERED AGENCIES.—For purposes of 
this subsection, the term ‘‘covered agencies’’ 
means the Community Development Financial 
Institutions Fund, the Department of Housing 
and Urban Development. the Board of Gov-
ernors of the Federal Reserve System, the Fed-
3049 
eral Deposit Insurance Corporation, the Office 
of the Comptroller of the Currency, the Na-
tional Credit Union Administration, and the 
Federal Housing Finance Agency. 
(4) ANNUAL REPORT TO CONGRESS.—Not later 
than 1 year after the date of the enactment of this 
subsection, and annually thereafter, the Secretary of 
the Treasury, the Chairman of the Board of Gov-
ernors of the Federal Reserve System, the Comp-
troller of the Currency, the Chairman of the Na-
tional Credit Union Administration, the Chairperson 
of the Board of Directors of the Federal Deposit In-
surance Corporation, and the Director of the Bureau 
of Consumer Financial Protection shall submit a 
joint report to the Committee on Financial Services 
of the House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs of the Sen-
ate regarding the work that has been done the prior 
year to preserve, promote, and strengthen commu-
nity development financial institutions, minority de-
pository institutions, and minority lending institu-
tions, along with any policy recommendations on ac-
tions various government agencies and Congress 
should take to preserve, promote, and strengthen 
community development financial institutions, mi-
3050 
nority depository institutions, and minority lending 
institutions. 
SEC. 6612. CAPITAL INVESTMENTS, GRANTS, AND TECH-
NOLOGY SUPPORT FOR MDIS AND CDFIS. 
(a) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated to the Emergency Capital 
Investment Fund $4,000,000,000. Such funds may be 
used for administrative expenses of the Department of the 
Treasury. 
(b) CONFORMING AMENDMENTS TO ALLOW FOR AD-
DITIONAL PURCHASES OF CAPITAL.—Section 104A of the 
Riegle Community Development and Regulatory Improve-
ment Act of 1994 (12 U.S.C. 4703a) is amended— 
(1) in subsection (c), by striking paragraph (2); 
and 
(2) in subsection (e), by striking paragraph (2). 
(c) USE
OF FUNDS
FOR CDFI FINANCIAL
AND 
TECHNICAL ASSISTANCE.—Section 104A of the Riegle 
Community Development and Regulatory Improvement 
Act of 1994 (12 U.S.C. 4703a) is amended by adding at 
the end the following: 
‘‘(p) USE OF FUNDS FOR CDFI FINANCIAL AND 
TECHNICAL ASSISTANCE.—The Secretary shall transfer 
no less than $1,000,000,000 in the Emergency Capital In-
vestment Fund to the Fund for the purpose of providing
3051 
financial and technical assistance grants to community de-
velopment financial institutions certified by the Secretary. 
The Fund shall provide such grants using a formula that 
takes into account criteria such as certification status, fi-
nancial and compliance performance, portfolio and balance 
sheet strength, diversity of CDFI business model types, 
and program capacity.’’. 
(d) TECHNOLOGY GRANTS FOR MDIS AND CDFIS.— 
(1) STUDY AND REPORT ON CERTAIN TECH-
NOLOGY CHALLENGES.— 
(A) STUDY.—The Secretary of the Treas-
ury shall carry out a study on the technology 
challenges impacting minority depository insti-
tutions and community development financial 
institutions with respect to— 
(i) internal technology capabilities and 
capacity of the institutions to process loan 
applications and otherwise serve current 
and potential customers through the inter-
net, mobile phone applications, and other 
tools; 
(ii) technology capabilities and capac-
ity of the institutions, provided in partner-
ship with third party companies, to process 
loan applications and otherwise serve cur-
3052 
rent and potential customers through the 
internet, mobile phone applications, and 
other tools; 
(iii) cybersecurity; and 
(iv) challenges and solutions related to 
algorithmic bias in the deployment of tech-
nology. 
(B) REPORT.—Not later than 18 months 
after the date of the enactment of this sub-
section, the Secretary shall submit a report to 
the Committee on Financial Services of the 
House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs of the 
Senate that includes the results of the study re-
quired under subparagraph (A). 
(2) TECHNOLOGY GRANT PROGRAM.— 
(A) PROGRAM
AUTHORIZED.—The Sec-
retary shall carry out a technology grant pro-
gram to make grants to minority depository in-
stitutions and community development financial 
institutions to address technology challenges 
impacting such institutions. 
(B) APPLICATION.—To be eligible to be 
awarded a grant under this paragraph, a mi-
nority depository institution or community de-
3053 
velopment financial institution shall submit an 
application to the Secretary at such time, in 
such manner, and containing such information 
as the Secretary may require. 
(C) USE OF FUNDS.—A minority deposi-
tory institution or community development fi-
nancial institution that is awarded a grant 
under this paragraph may use the grant funds 
to— 
(i) enhance or adopt technologies 
that— 
(I) shorten loan approval proc-
esses; 
(II) improve customer experience; 
(III) provide additional services 
to customers; 
(IV) facilitate compliance with 
applicable laws, regulations, and pro-
gram requirements, including testing 
to ensure that the use of technology 
does not result in discrimination, and 
helping to satisfy data reporting re-
quirements;
3054 
(V) help ensure privacy of cus-
tomer records and cybersecurity resil-
ience; and 
(VI) reduce the unbanked and 
underbanked population; or 
(ii) carry out such other activities as 
the Secretary determines appropriate. 
(3) 
FUNDING.—The 
Secretary 
may 
use 
amounts in the Emergency Capital Investment Fund 
to implement and make grants under paragraph (2), 
but not to exceed $250,000,000 in the aggregate. 
(4) DEFINITIONS.—In this subsection, the 
terms ‘‘community development financial institu-
tion’’ and ‘‘minority depository institution’’ have the 
meaning given those terms, respectively, under sec-
tion 103 of the Riegle Community Development and 
Regulatory Improvement Act of 1994 (12 U.S.C. 
4702). 
(e) PILOT PROGRAM FOR ESTABLISHING DE NOVO 
CDFIS AND MDIS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury, in consultation with the Fund and the appro-
priate Federal banking agencies, shall establish a 
pilot program to provide competitive grants to a per-
son for the purpose of providing capital for such per-
3055 
son to establish a minority depository institution or 
a community development financial institution. 
(2) APPLICATION.—A person desiring a grant 
under this subsection shall submit to the Secretary 
an application in such form and containing such in-
formation as the Secretary determines appropriate. 
(3) DISBURSEMENT.—Before disbursing grant 
amounts to a person selected to receive a grant 
under this subsection, the Secretary shall ensure 
that such person has received approval from the ap-
propriate Federal banking agency (or such other 
Federal or State agency from whom approval is re-
quired) to establish a minority depository institution 
or a community development financial institution, as 
applicable. 
(4) 
FUNDING.—The 
Secretary 
may 
use 
amounts in the Emergency Capital Investment Fund 
to implement and make grants under paragraph (2), 
but not to exceed $100,000,000 in the aggregate. 
(5) DEFINITIONS.—In this subsection, the 
terms ‘‘appropriate Federal banking agency’’, ‘‘com-
munity development financial institution’’, ‘‘Fund’’, 
and ‘‘minority depository institution’’ have the 
meaning given those terms, respectively, under sec-
tion 103 of the Riegle Community Development and
3056 
Regulatory Improvement Act of 1994 (12 U.S.C. 
4702). 
(f) GUIDANCE FOR SUBCHAPTER S AND MUTUAL 
BANKS.—Not later than 30 days after the date of enact-
ment of this Act, the Board of Governors of the Federal 
Reserve System and the Secretary shall issue guidance re-
garding how Emergency Capital Investment Program in-
vestments (whether made before or after the date of enact-
ment of this Act) are considered for purposes of various 
prudential requirements, including debt to equity, leverage 
ratio, and double leverage ratio requirements with respect 
to subchapter S and mutual bank recipients of such invest-
ments. 
(g) COLLECTION OF DATA.—Section 111 of the Rie-
gle Community Development and Regulatory Improve-
ment Act of 1994 (12 U.S.C. 4710) is amended— 
(1) by striking ‘‘The Fund’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—The Fund’’; and 
(2) by adding at the end the following: 
‘‘(b) COLLECTION OF CERTAIN DATA BY CDFIS.— 
Notwithstanding the Equal Credit Opportunity Act (15 
U.S.C. 1691 et seq.)— 
‘‘(1) a community development financial institu-
tion may collect data described in section 701(a)(1)
3057 
of that Act (15 U.S.C. 1691(a)(1)) from borrowers 
and applicants for credit for the sole purpose and 
exclusive use to ensure that targeted populations 
and low-income residents of investment areas are 
adequately served and to report the level of service 
provided to such populations and areas to the Fund; 
and 
‘‘(2) a community development financial institu-
tion that collects the data described in paragraph 
(1) shall not be subject to adverse action related to 
that collection by the Bureau of Consumer Financial 
Protection or any other Federal agency.’’. 
SEC. 6613. SUPPORTING YOUNG ENTREPRENEURS PRO-
GRAM. 
Section 108 of the Riegle Community Development 
and Regulatory Improvement Act of 1994 (12 U.S.C. 
4707), as amended by section 331(a)(1), is further amend-
ed by adding at the end the following: 
‘‘(j) SUPPORTING YOUNG ENTREPRENEURS PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Fund shall establish a 
Supporting Young Entrepreneurs Program under 
which the Fund may provide financial awards to the 
community development financial institutions that 
the Fund determines have the best programs to help
3058 
young entrepreneurs get the start up capital needed 
to start a small business, with a focus on supporting 
young women entrepreneurs, entrepreneurs who are 
Black, Hispanic, Asian or Pacific Islander, and Na-
tive American or Native Alaskan and other histori-
cally underrepresented groups or first time business 
owners. 
‘‘(2) 
NO
MATCHING
REQUIREMENT.—The 
matching requirement under subsection (e) shall not 
apply to awards made under this subsection. 
‘‘(3) FUNDING.—In carrying out this sub-
section, the Fund may use— 
‘‘(A) amounts in the Emergency Capital 
Investment 
Fund, 
but 
not 
to 
exceed 
$100,000,000 in the aggregate; and 
‘‘(B) such other funds as may be appro-
priated by Congress to the Fund to carry out 
the Supporting Young Entrepreneurs Pro-
gram.’’. 
SEC. 6614. MAP OF MINORITY DEPOSITORY INSTITUTIONS 
AND COMMUNITY DEVELOPMENT FINANCIAL 
INSTITUTIONS. 
(a) IN GENERAL.—The Secretary of the Treasury, in 
consultation with the CDFI Fund and the Federal bank-
ing agencies, shall establish an interactive, searchable map
3059 
showing the geographic locations of the headquarters and 
branch locations of minority depository institutions, which 
shall be provided by the Federal banking agencies, and 
community development financial institutions that have 
been certified by the Secretary, including breakdowns by 
each State (including the District of Columbia and each 
territory of the United States), Tribal government entity, 
and congressional district. Such map shall also provide a 
link to the website of each such minority depository insti-
tution and community development financial institution. 
(b) DEFINITIONS.—In this section: 
(1) CDFI FUND.—The term ‘‘CDFI Fund’’ 
means the Community Development Financial Insti-
tutions Fund established under section 104(a) of the 
Riegle Community Development and Regulatory Im-
provement Act of 1994. 
(2) COMMUNITY DEVELOPMENT FINANCIAL IN-
STITUTION.—The term ‘‘community development fi-
nancial institution’’ has the meaning given in section 
103 of the Riegle Community Development and Reg-
ulatory Improvement Act of 1994. 
(3) FEDERAL
BANKING
AGENCY.—The term 
‘‘Federal banking agency’’— 
(A) has the meaning given in section 3 of 
the Federal Deposit Insurance Act; and
3060 
(B) means the National Credit Union Ad-
ministration. 
(4) MINORITY DEPOSITORY INSTITUTION.—The 
term ‘‘minority depository institution’’ has the 
meaning given in section 308(b) of the Financial In-
stitutions Reform, Recovery, and Enforcement Act 
of 1989. 
SEC. 6615. REPORT ON CERTIFIED COMMUNITY DEVELOP-
MENT FINANCIAL INSTITUTIONS. 
Section 117(a) of the Riegle Community Develop-
ment and Regulatory Improvement Act of 1994 (12 
U.S.C. 4716(a)) is amended— 
(1) by striking ‘‘The Fund’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The Fund’’; 
(2) by striking ‘‘and the Congress’’ and insert-
ing ‘‘, the Congress, and the public’’; and 
(3) by adding at the end the following: 
‘‘(2) REPORT ON CERTIFIED COMMUNITY DE-
VELOPMENT FINANCIAL INSTITUTIONS.—The annual 
report required under paragraph (1) shall include a 
report on community development financial institu-
tions (‘CDFIs’) that have been certified by the Sec-
retary of the Treasury, including a summary with
3061 
aggregate data and analysis, to the fullest extent 
practicable, regarding— 
‘‘(A) a list of the types of organizations 
that are certified as CDFIs, and the number of 
each type of organization; 
‘‘(B) the geographic location and capacity 
of different types of certified CDFIs, including 
overall impact breakdowns by each State (in-
cluding the District of Columbia and each terri-
tory of the United States) and Tribal govern-
ment entity; 
‘‘(C) the lines of business for different 
types of certified CDFIs; 
‘‘(D) human resources and staffing infor-
mation for different types of certified CDFIs, 
including— 
‘‘(E) the types of development services pro-
vided by different types of certified CDFIs; 
‘‘(F) the target markets of different types 
of certified CDFIs and the amount of products 
and services offered by CDFIs to those target 
markets, including— 
‘‘(i) the number and amount of loans 
and loan guarantees made in those target 
markets;
3062 
‘‘(ii) the number and amount of other 
investments made in those target markets; 
and 
‘‘(iii) the number and amount of de-
velopment services offered in those target 
markets; and 
‘‘(G) such other information as the Direc-
tor of the Fund may determine necessary to 
promote transparency of the impact of different 
types of CDFIs, while carrying out this report 
in a manner that seeks to minimize data report-
ing requirements from certified CDFIs when 
feasible, including utilizing information gath-
ered from other regulators under section 
104(l).’’. 
SEC. 6616. CONSULTATION AND MINIMIZATION OF DATA 
REQUESTS. 
Section 104 of the Riegle Community Development 
and Regulatory Improvement Act of 1994 (12 U.S.C. 
4703) is amended by adding at the end the following: 
‘‘(l) CONSULTATION AND MINIMIZATION OF DATA 
REQUESTS.— 
‘‘(1) IN GENERAL.—In carrying out its duties, 
the Fund shall—
3063 
‘‘(A) periodically, and no less frequent 
than once a year, consult with the applicable 
Federal regulator of certified CDFIs and appli-
cants to be a certified CDFI (‘applicants)’; 
‘‘(B) seek to gather any information nec-
essary related to Fund certification and award 
decisions on certified CDFIs and applicants 
from the applicable Federal regulator, and such 
regulators shall use reasonable efforts to pro-
vide such information to the Fund, to minimize 
duplicative data collection requests made by the 
Fund of certified CDFIs and applicants and to 
expedite certification, award, or other relevant 
processes administered by the Fund. 
‘‘(2) APPLICABLE
FEDERAL
REGULATOR
DE-
FINED.—In this subsection, the term ‘applicable 
Federal regulator’ means— 
‘‘(A) with respect to a certified CDFI or 
an applicant that is regulated by both an appro-
priate Federal banking agency and the Bureau 
of Consumer Financial Protection, the Bureau 
of Consumer Financial Protection; 
‘‘(B) with respect to a certified CDFI or 
an applicant that is not regulated by the Bu-
reau of Consumer Financial Protection, the ap-
3064 
propriate Federal banking agency for such ap-
plicant; or 
‘‘(C) the Bureau of Consumer Financial 
Protection, with respect to a certified CDFI or 
an applicant— 
‘‘(i) that is not regulated by an appro-
priate Federal banking agency; and 
‘‘(ii) that offers or provides consumer 
financial products or services (as defined in 
section 1002 of the Consumer Financial 
Protection 
Act 
of 
2010 
(12 
U.S.C. 
5481).’’. 
SEC. 6617. ACCESS TO THE DISCOUNT WINDOW OF THE 
FEDERAL RESERVE SYSTEM FOR MDIS AND 
CDFIS. 
Within 1 year after the date of enactment of this Act, 
the Board of Governors of the Federal Reserve System 
shall establish a process under which minority depository 
institutions and community development financial institu-
tions may have access to the discount window, at the sea-
sonal credit interest rate most recently published on the 
Federal Reserve Statistical Release on selected interest 
rates (daily or weekly).
3065 
SEC. 6618. STUDY ON SECURITIZATION BY CDFIS. 
(a) IN GENERAL.—The Secretary of the Treasury, in 
consultation with the Community Development Financial 
Institutions Fund and such other Federal agencies as the 
Secretary determines appropriate, shall carry out a study 
on— 
(1) the use of securitization by CDFIs; 
(2) any barriers to the use of securitization as 
a source of liquidity by CDFIs; and 
(3) any authorities available to the Government 
to support the use of securitization by CDFIs to the 
extent it helps serve underserved communities. 
(b) REPORT.—Not later than the end of the 1-year 
period beginning on the date of enactment of this Act, the 
Secretary shall issue a report to the Committee on Finan-
cial Services of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate containing— 
(1) all findings and determinations made in car-
rying out the study required under subsection (a); 
and 
(2) any legislative or administrative rec-
ommendations of the Secretary that would promote 
the responsible use of securitization to help CDFIs 
in reaching more underserved communities.
3066 
(c) CDFI DEFINED.—The term ‘‘CDFI’’ has the 
meaning given the term ‘‘community development finan-
cial institution’’ under section 103 of the Riegle Commu-
nity Development and Regulatory Improvement Act of 
1994. 
Subtitle B—Promoting New and 
Diverse Depository Institutions 
SEC. 6621. STUDY AND STRATEGIC PLAN. 
(a) IN GENERAL.—The Federal banking regulators 
shall jointly— 
(1) conduct a study about the challenges faced 
by proposed depository institutions, including pro-
posed minority depository institutions, seeking de 
novo depository institution charters; and 
(2) submit to the Committee on Financial Serv-
ices of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs of 
the Senate and publish publically, not later than 18 
months after the date of the enactment of this sec-
tion— 
(A) an analysis based on the study con-
ducted pursuant to paragraph (1); 
(B) any findings from the study conducted 
pursuant to paragraph (1); and
3067 
(C) any legislative recommendations that 
the Federal banking regulators developed based 
on the study conducted pursuant to paragraph 
(1). 
(b) STRATEGIC PLAN.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of this section, the 
Federal banking regulators shall jointly submit to 
the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate and pub-
lish publically a strategic plan based on the study 
conducted pursuant to subsection (a) and designed 
to help proposed depository institutions (including 
proposed minority depository institutions) success-
fully apply for de novo depository institution char-
ters in a manner that promotes increased availability 
of banking and financial services, safety and sound-
ness, consumer protection, community reinvestment, 
financial stability, and a level playing field. 
(2) CONTENTS OF STRATEGIC PLAN.—The stra-
tegic plan described in paragraph (1) shall— 
(A) promote the chartering of de novo de-
pository institutions, including—
3068 
(i) proposed minority depository insti-
tutions; and 
(ii) proposed depository institutions 
that could be certified as community devel-
opment financial institutions; and 
(B) describe actions the Federal banking 
regulators may take that would increase the 
number of depository institutions located in ge-
ographic areas where consumers lack access to 
a branch of a depository institution. 
(c) PUBLIC INVOLVEMENT.—When conducting the 
study and developing the strategic plan required by this 
section, the Federal banking regulators shall invite com-
ments and other feedback from the public to inform the 
study and strategic plan. 
(d) DEFINITIONS.—In this section: 
(1) DEPOSITORY INSTITUTION.—The term ‘‘de-
pository institution’’ has the meaning given in sec-
tion 3 of the Federal Deposit Insurance Act, and in-
cludes a ‘‘Federal credit union’’ and a ‘‘State credit 
union’’ as such terms are defined, respectively, 
under section 101 of the Federal Credit Union Act. 
(2) COMMUNITY DEVELOPMENT FINANCIAL IN-
STITUTION.—The term ‘‘community development fi-
nancial institution’’ has the meaning given in section
3069 
103 of the Riegle Community Development and Reg-
ulatory Improvement Act of 1994. 
(3) FEDERAL
BANKING
REGULATORS.—The 
term ‘‘Federal banking regulators’’ means the Board 
of Governors of the Federal Reserve System, the 
Comptroller of the Currency, the Federal Deposit 
Insurance Corporation, the National Credit Union 
Administration, and the Director of the Bureau of 
Consumer Financial Protection. 
(4) MINORITY DEPOSITORY INSTITUTION.—The 
term ‘‘minority depository institution’’ has the 
meaning given in section 308(b) of the Financial In-
stitutions Reform, Recovery, and Enforcement Act 
of 1989. 
Subtitle C—Ensuring Diversity in 
Community Banking 
SEC. 6631. SHORT TITLE. 
This subtitle may be cited as the ‘‘Ensuring Diversity 
in Community Banking Act’’. 
SEC. 6632. SENSE OF CONGRESS ON FUNDING THE LOAN- 
LOSS RESERVE FUND FOR SMALL DOLLAR 
LOANS. 
The sense of Congress is the following: 
(1) The Community Development Financial In-
stitutions Fund (the ‘‘CDFI Fund’’) is an agency of
3070 
the Department of the Treasury, and was estab-
lished by the Riegle Community Development and 
Regulatory Improvement Act of 1994. The mission 
of the CDFI Fund is ‘‘to expand economic oppor-
tunity for underserved people and communities by 
supporting the growth and capacity of a national 
network of community development lenders, inves-
tors, and financial service providers’’. A community 
development financial institution (a ‘‘CDFI’’) is a 
specialized financial institution serving low-income 
communities and a Community Development Entity 
(a ‘‘CDE’’) is a domestic corporation or partnership 
that is an intermediary vehicle for the provision of 
loans, investments, or financial counseling in low-in-
come communities. The CDFI Fund certifies CDFIs 
and CDEs. Becoming a certified CDFI or CDE al-
lows organizations to participate in various CDFI 
Fund programs as follows: 
(A) The Bank Enterprise Award Program, 
which provides FDIC-insured depository institu-
tions awards for a demonstrated increase in 
lending and investments in distressed commu-
nities and CDFIs. 
(B) The CDFI Program, which provides 
Financial and Technical Assistance awards to
3071 
CDFIs to reinvest in the CDFI, and to build 
the capacity of the CDFI, including financing 
product development and loan loss reserves. 
(C) The Native American CDFI Assistance 
Program, which provides CDFIs and spon-
soring entities Financial and Technical Assist-
ance awards to increase lending and grow the 
number of CDFIs owned by Native Americans 
to help build capacity of such CDFIs. 
(D) The New Market Tax Credit Program, 
which provides tax credits for making equity in-
vestments in CDEs that stimulate capital in-
vestments in low-income communities. 
(E) The Capital Magnet Fund, which pro-
vides awards to CDFIs and nonprofit affordable 
housing organizations to finance affordable 
housing solutions and related economic develop-
ment activities. 
(F) The Bond Guarantee Program, a 
source of long-term, patient capital for CDFIs 
to expand lending and investment capacity for 
community and economic development purposes. 
(2) The Department of the Treasury is author-
ized to create multi-year grant programs designed to 
encourage low-to-moderate income individuals to es-
3072 
tablish accounts at federally insured banks, and to 
improve low-to-moderate income individuals’ access 
to such accounts on reasonable terms. 
(3) Under this authority, grants to participants 
in CDFI Fund programs may be used for loan-loss 
reserves and to establish small-dollar loan programs 
by subsidizing related losses. These grants also allow 
for the providing recipients with the financial coun-
seling and education necessary to conduct trans-
actions and manage their accounts. These loans pro-
vide low-cost alternatives to payday loans and other 
nontraditional forms of financing that often impose 
excessive interest rates and fees on borrowers, and 
lead millions of Americans to fall into debt traps. 
Small-dollar loans can only be made pursuant to 
terms, conditions, and practices that are reasonable 
for the individual consumer obtaining the loan. 
(4) Program participation is restricted to eligi-
ble institutions, which are limited to organizations 
listed in section 501(c)(3) of the Internal Revenue 
Code and exempt from tax under 501(a) of such 
Code, federally insured depository institutions, com-
munity development financial institutions and State, 
local, or Tribal government entities.
3073 
(5) According to the CDFI Fund, some pro-
grams attract as much as $10 in private capital for 
every $1 invested by the CDFI Fund. The Adminis-
tration and the Congress should prioritize appropria-
tion of funds for the loan loss reserve fund and tech-
nical assistance programs administered by the Com-
munity Development Financial Institution Fund. 
SEC. 6633. DEFINITIONS. 
In this subtitle: 
(1) COMMUNITY DEVELOPMENT FINANCIAL IN-
STITUTION.—The term ‘‘community development fi-
nancial institution’’ has the meaning given under 
section 103 of the Riegle Community Development 
and Regulatory Improvement Act of 1994 (12 
U.S.C. 4702). 
(2) MINORITY DEPOSITORY INSTITUTION.—The 
term ‘‘minority depository institution’’ has the 
meaning given under section 308 of the Financial 
Institutions Reform, Recovery, and Enforcement Act 
of 1989 (12 U.S.C. 1463 note), as amended by this 
Act.
3074 
SEC. 6634. INCLUSION OF WOMEN’S BANKS IN THE DEFINI-
TION OF MINORITY DEPOSITORY INSTITU-
TION. 
Section 308(b)(1) of the Financial Institutions Re-
form, Recovery, and Enforcement Act of 1989 (12 U.S.C. 
1463 note) is amended— 
(1) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively; 
(2) by striking ‘‘means any’’ and inserting the 
following: ‘‘means— 
‘‘(A) any’’; and 
(3) in clause (iii) (as so redesignated), by strik-
ing the period at the end and inserting ‘‘; or’’; and 
(4) by inserting at the end the following new 
subparagraph: 
‘‘(B) any bank described in clause (i), (ii), 
or (iii) of section 19(b)(1)(A) of the Federal 
Reserve Act— 
‘‘(i) more than 50 percent of the out-
standing shares of which are held by 1 or 
more women; and 
‘‘(ii) the majority of the directors on 
the board of directors of which are 
women.’’.
3075 
SEC. 6635. ESTABLISHMENT OF IMPACT BANK DESIGNA-
TION. 
(a) IN GENERAL.—Each Federal banking agency 
shall establish a program under which a depository institu-
tion with total consolidated assets of less than 
$10,000,000,000 may elect to be designated as an impact 
bank if the total dollar value of the loans extended by such 
depository institution to low-income borrowers is greater 
than or equal to 50 percent of the assets of such bank. 
(b) NOTIFICATION OF ELIGIBILITY.—Based on data 
obtained through examinations of depository institutions, 
the appropriate Federal banking agency shall notify a de-
pository institution if the institution is eligible to be des-
ignated as an impact bank. 
(c) APPLICATION.—Regardless of whether or not it 
has received a notice of eligibility under subsection (b), 
a depository institution may submit an application to the 
appropriate Federal banking agency— 
(1) requesting to be designated as an impact 
bank; and 
(2) demonstrating that the depository institu-
tion meets the applicable qualifications. 
(d) LIMITATION ON ADDITIONAL DATA REQUIRE-
MENTS.—The Federal banking agencies may only impose 
additional data collection requirements on a depository in-
stitution under this section if such data is—
3076 
(1) necessary to process an application sub-
mitted by the depository institution to be designated 
an impact bank; or 
(2) with respect to a depository institution that 
is designated as an impact bank, necessary to ensure 
the depository institution’s ongoing qualifications to 
maintain such designation. 
(e) REMOVAL OF DESIGNATION.—If the appropriate 
Federal banking agency determines that a depository in-
stitution designated as an impact bank no longer meets 
the criteria for such designation, the appropriate Federal 
banking agency shall rescind the designation and notify 
the depository institution of such rescission. 
(f) 
RECONSIDERATION
OF
DESIGNATION; 
AP-
PEALS.—Under such procedures as the Federal banking 
agencies may establish, a depository institution may— 
(1) submit to the appropriate Federal banking 
agency a request to reconsider a determination that 
such depository institution no longer meets the cri-
teria for the designation; or 
(2) file an appeal of such determination. 
(g) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this Act, the Federal banking 
agencies shall jointly issue rules to carry out the require-
3077 
ments of this section, including by providing a definition 
of a low-income borrower. 
(h) REPORTS.—Each Federal banking agency shall 
submit an annual report to the Congress containing a de-
scription of actions taken to carry out this section. 
(i) FEDERAL DEPOSIT INSURANCE ACT DEFINI-
TIONS.—In this section, the terms ‘‘depository institu-
tion’’, ‘‘appropriate Federal banking agency’’, and ‘‘Fed-
eral banking agency’’ have the meanings given such terms, 
respectively, in section 3 of the Federal Deposit Insurance 
Act (12 U.S.C. 1813). 
SEC. 6636. MINORITY DEPOSITORIES ADVISORY COMMIT-
TEES. 
(a) ESTABLISHMENT.—Each covered regulator shall 
establish an advisory committee to be called the ‘‘Minority 
Depositories Advisory Committee’’. 
(b) DUTIES.—Each Minority Depositories Advisory 
Committee shall provide advice to the respective covered 
regulator on meeting the goals established by section 308 
of the Financial Institutions Reform, Recovery, and En-
forcement Act of 1989 (12 U.S.C. 1463 note) to preserve 
the present number of covered minority institutions, pre-
serve the minority character of minority-owned institu-
tions in cases involving mergers or acquisitions, provide 
technical assistance, and encourage the creation of new
3078 
covered minority institutions. The scope of the work of 
each such Minority Depositories Advisory Committee shall 
include an assessment of the current condition of covered 
minority institutions, what regulatory changes or other 
steps the respective agencies may be able to take to fulfill 
the requirements of such section 308, and other issues of 
concern to covered minority institutions. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.—Each Minority Depositories 
Advisory Committee shall consist of no more than 
10 members, who— 
(A) shall serve for one two-year term; 
(B) shall serve as a representative of a de-
pository institution or an insured credit union 
with respect to which the respective covered 
regulator is the covered regulator of such de-
pository institution or insured credit union; and 
(C) shall not receive pay by reason of their 
service on the advisory committee, but may re-
ceive travel or transportation expenses in ac-
cordance with section 5703 of title 5, United 
States Code. 
(2) DIVERSITY.—To the extent practicable, 
each covered regulator shall ensure that the mem-
bers of the Minority Depositories Advisory Com-
3079 
mittee of such agency reflect the diversity of covered 
minority institutions. 
(d) MEETINGS.— 
(1) IN GENERAL.—Each Minority Depositories 
Advisory Committee shall meet not less frequently 
than twice each year. 
(2) NOTICE AND INVITATIONS.—Each Minority 
Depositories Advisory Committee shall— 
(A) notify the Committee on Financial 
Services of the House of Representatives and 
the Committee on Banking, Housing, and 
Urban Affairs of the Senate in advance of each 
meeting of the Minority Depositories Advisory 
Committee; and 
(B) invite the attendance at each meeting 
of the Minority Depositories Advisory Com-
mittee of— 
(i) one member of the majority party 
and one member of the minority party of 
the Committee on Financial Services of the 
House of Representatives and the Com-
mittee on Banking, Housing, and Urban 
Affairs of the Senate; and 
(ii) one member of the majority party 
and one member of the minority party of
3080 
any relevant subcommittees of such com-
mittees. 
(e) NO TERMINATION OF ADVISORY COMMITTEES.— 
The termination requirements under section 14 of the 
Federal Advisory Committee Act (5 U.S.C. app.) shall not 
apply to a Minority Depositories Advisory Committee es-
tablished pursuant to this section. 
(f) DEFINITIONS.—In this section: 
(1) COVERED REGULATOR.—The term ‘‘covered 
regulator’’ means the Comptroller of the Currency, 
the Board of Governors of the Federal Reserve Sys-
tem, the Federal Deposit Insurance Corporation, 
and the National Credit Union Administration. 
(2) COVERED
MINORITY
INSTITUTION.—The 
term ‘‘covered minority institution’’ means a minor-
ity depository institution (as defined in section 
308(b) of the Financial Institutions Reform, Recov-
ery, and Enforcement Act of 1989 (12 U.S.C. 1463 
note)). 
(3) DEPOSITORY INSTITUTION.—The term ‘‘de-
pository institution’’ has the meaning given under 
section 3 of the Federal Deposit Insurance Act (12 
U.S.C. 1813). 
(4) INSURED CREDIT UNION.—The term ‘‘in-
sured credit union’’ has the meaning given in section
3081 
101 of the Federal Credit Union Act (12 U.S.C. 
1752). 
(g) TECHNICAL AMENDMENT.—Section 308(b) of the 
Financial Institutions Reform, Recovery, and Enforce-
ment Act of 1989 (12 U.S.C. 1463 note) is amended by 
adding at the end the following new paragraph: 
‘‘(3) DEPOSITORY INSTITUTION.—The term ‘de-
pository institution’ means an ‘insured depository in-
stitution’ (as defined in section 3 of the Federal De-
posit Insurance Act (12 U.S.C. 1813)) and an in-
sured credit union (as defined in section 101 of the 
Federal Credit Union Act (12 U.S.C. 1752)).’’. 
SEC. 6637. FEDERAL DEPOSITS IN MINORITY DEPOSITORY 
INSTITUTIONS. 
(a) IN GENERAL.—Section 308 of the Financial In-
stitutions Reform, Recovery, and Enforcement Act of 
1989 (12 U.S.C. 1463 note) is amended— 
(1) by adding at the end the following new sub-
section: 
‘‘(d) FEDERAL DEPOSITS.—The Secretary of the 
Treasury shall ensure that deposits made by Federal agen-
cies in minority depository institutions and impact banks 
are collateralized or insured, as determined by the Sec-
retary. Such deposits shall include reciprocal deposits as
3082 
defined in section 337.6(e)(2)(v) of title 12, Code of Fed-
eral Regulations (as in effect on March 6, 2019).’’; and 
(2) in subsection (b), as amended by section 
6(g), by adding at the end the following new para-
graph: 
‘‘(4) IMPACT BANK.—The term ‘impact bank’ 
means a depository institution designated by the ap-
propriate Federal banking agency pursuant to sec-
tion 6635 of the Ensuring Diversity in Community 
Banking Act.’’. 
(b) TECHNICAL AMENDMENTS.—Section 308 of the 
Financial Institutions Reform, Recovery, and Enforce-
ment Act of 1989 (12 U.S.C. 1463 note) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘section—’’ and inserting ‘‘section:’’; and 
(2) in the paragraph heading for paragraph (1), 
by striking ‘‘FINANCIAL’’ and inserting ‘‘DEPOSI-
TORY’’. 
SEC. 6638. MINORITY BANK DEPOSIT PROGRAM. 
(a) IN GENERAL.—Section 1204 of the Financial In-
stitutions Reform, Recovery, and Enforcement Act of 
1989 (12 U.S.C. 1811 note) is amended to read as follows: 
‘‘SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY 
INSTITUTIONS. 
‘‘(a) MINORITY BANK DEPOSIT PROGRAM.—
3083 
‘‘(1) ESTABLISHMENT.—There is established a 
program to be known as the ‘Minority Bank Deposit 
Program’ to expand the use of minority depository 
institutions. 
‘‘(2) ADMINISTRATION.—The Secretary of the 
Treasury, acting through the Fiscal Service, shall— 
‘‘(A) on application by a depository institu-
tion or credit union, certify whether such depos-
itory institution or credit union is a minority 
depository institution; 
‘‘(B) maintain and publish a list of all de-
pository institutions and credit unions that have 
been certified pursuant to subparagraph (A); 
and 
‘‘(C) periodically distribute the list de-
scribed in subparagraph (B) to— 
‘‘(i) all Federal departments and 
agencies; 
‘‘(ii) interested State and local govern-
ments; and 
‘‘(iii) interested private sector compa-
nies. 
‘‘(3) INCLUSION
OF
CERTAIN
ENTITIES
ON 
LIST.—A depository institution or credit union that, 
on the date of the enactment of this section, has a
3084 
current certification from the Secretary of the 
Treasury stating that such depository institution or 
credit union is a minority depository institution shall 
be included on the list described under paragraph 
(2)(B). 
‘‘(b) EXPANDED USE AMONG FEDERAL DEPART-
MENTS AND AGENCIES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the establishment of the program described in sub-
section (a), the head of each Federal department or 
agency shall develop and implement standards and 
procedures to prioritize, to the maximum extent pos-
sible as permitted by law and consistent with prin-
ciples of sound financial management, the use of mi-
nority depository institutions to hold the deposits of 
each such department or agency. 
‘‘(2) REPORT TO CONGRESS.—Not later than 2 
years after the establishment of the program de-
scribed in subsection (a), and annually thereafter, 
the head of each Federal department or agency shall 
submit to Congress a report on the actions taken to 
increase the use of minority depository institutions 
to hold the deposits of each such department or 
agency. 
‘‘(c) DEFINITIONS.—For purposes of this section:
3085 
‘‘(1) CREDIT UNION.—The term ‘credit union’ 
has the meaning given the term ‘insured credit 
union’ in section 101 of the Federal Credit Union 
Act (12 U.S.C. 1752). 
‘‘(2) DEPOSITORY INSTITUTION.—The term ‘de-
pository institution’ has the meaning given in section 
3 of the Federal Deposit Insurance Act (12 U.S.C. 
1813). 
‘‘(3) MINORITY
DEPOSITORY
INSTITUTION.— 
The term ‘minority depository institution’ has the 
meaning given that term under section 308 of this 
Act.’’. 
(b) CONFORMING AMENDMENTS.—The following pro-
visions are amended by striking ‘‘1204(c)(3)’’ and insert-
ing ‘‘1204(c)’’: 
(1) Section 808(b)(3) of the Community Rein-
vestment Act of 1977 (12 U.S.C. 2907(b)(3)). 
(2) Section 40(g)(1)(B) of the Federal Deposit 
Insurance Act (12 U.S.C. 1831q(g)(1)(B)). 
(3) Section 704B(h)(4) of the Equal Credit Op-
portunity Act (15 U.S.C. 1691c–2(h)(4)). 
SEC. 6639. DIVERSITY REPORT AND BEST PRACTICES. 
(a) ANNUAL REPORT.—Each covered regulator shall 
submit to Congress an annual report on diversity includ-
ing the following:
3086 
(1) Data, based on voluntary self-identification, 
on the racial, ethnic, and gender composition of the 
examiners of each covered regulator, disaggregated 
by length of time served as an examiner. 
(2) The status of any examiners of covered reg-
ulators, based on voluntary self-identification, as a 
veteran. 
(3) Whether any covered regulator, as of the 
date on which the report required under this section 
is submitted, has adopted a policy, plan, or strategy 
to promote racial, ethnic, and gender diversity 
among examiners of the covered regulator. 
(4) Whether any special training is developed 
and provided for examiners related specifically to 
working with depository institutions and credit 
unions that serve communities that are predomi-
nantly minorities, low income, or rural, and the key 
focus of such training. 
(b) BEST PRACTICES.—Each Office of Minority and 
Women Inclusion of a covered regulator shall develop, pro-
vide to the head of the covered regulator, and make pub-
licly available best practices— 
(1) for increasing the diversity of candidates 
applying for examiner positions, including through
3087 
outreach efforts to recruit diverse candidate to apply 
for entry-level examiner positions; and 
(2) for retaining and providing fair consider-
ation for promotions within the examiner staff for 
purposes of achieving diversity among examiners. 
(c) COVERED REGULATOR DEFINED.—In this sec-
tion, the term ‘‘covered regulator’’ means the Comptroller 
of the Currency, the Board of Governors of the Federal 
Reserve System, the Federal Deposit Insurance Corpora-
tion, and the National Credit Union Administration. 
SEC. 6640. INVESTMENTS IN MINORITY DEPOSITORY INSTI-
TUTIONS AND IMPACT BANKS. 
(a) CONTROL FOR CERTAIN INSTITUTIONS.—Section 
7(j)(8)(B) of the Federal Deposit Insurance Act (12 
U.S.C. 1817(j)(8)(B)) is amended to read as follows: 
‘‘(B) ‘control’ means the power, directly or indi-
rectly— 
‘‘(i) to direct the management or policies 
of an insured depository institution; or 
‘‘(ii)(I) with respect to an insured deposi-
tory institution, of a person to vote 25 per cen-
tum or more of any class of voting securities of 
such institution; or 
‘‘(II) with respect to an insured depository 
institution that is an impact bank (as des-
3088 
ignated pursuant to section 6635 of the Ensur-
ing Diversity in Community Banking Act) or a 
minority depository institution (as defined in 
section 308(b) of the Financial Institutions Re-
form, Recovery, and Enforcement Act of 1989), 
of an individual to vote 30 percent or more of 
any class of voting securities of such an impact 
bank or a minority depository institution.’’. 
(b) RULEMAKING.—The Federal banking agencies 
(as defined in section 3 of the Federal Deposit Insurance 
Act (12 U.S.C. 1813)) shall jointly issue rules for de novo 
minority depository institutions and de novo impact banks 
(as designated pursuant to section 6635) to allow 3 years 
to meet the capital requirements otherwise applicable to 
minority depository institutions and impact banks. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Federal banking agencies 
shall jointly submit to Congress a report on— 
(1) the principal causes for the low number of 
de novo minority depository institutions during the 
10-year period preceding the date of the report; 
(2) the main challenges to the creation of de 
novo minority depository institutions and de novo 
impact banks; and
3089 
(3) regulatory and legislative considerations to 
promote the establishment of de novo minority de-
pository institutions and de novo impact banks. 
SEC. 6641. REPORT ON COVERED MENTOR-PROTEGE PRO-
GRAMS. 
(a) REPORT.—Not later than 6 months after the date 
of the enactment of this Act and annually thereafter, the 
Secretary of the Treasury shall submit to Congress a re-
port on participants in a covered mentor-protege program, 
including— 
(1) an analysis of outcomes of such program; 
(2) the number of minority depository institu-
tions that are eligible to participate in such program 
but do not have large financial institution mentors; 
and 
(3) recommendations for how to match such mi-
nority depository institutions with large financial in-
stitution mentors. 
(b) DEFINITIONS.—In this section: 
(1) COVERED
MENTOR-PROTEGE
PROGRAM.— 
The term ‘‘covered mentor-protege program’’ means 
a mentor-protege program established by the Sec-
retary of the Treasury pursuant to section 45 of the 
Small Business Act (15 U.S.C. 657r).
3090 
(2) LARGE FINANCIAL INSTITUTION.—The term 
‘‘large financial institution’’ means any entity— 
(A) regulated by the Comptroller of the 
Currency, the Board of Governors of the Fed-
eral Reserve System, the Federal Deposit In-
surance Corporation, or the National Credit 
Union Administration; and 
(B) that has total consolidated assets 
greater than or equal to $50,000,000,000. 
SEC. 6642. CUSTODIAL DEPOSIT PROGRAM FOR COVERED 
MINORITY DEPOSITORY INSTITUTIONS AND 
IMPACT BANKS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of the 
Treasury shall issue rules establishing a custodial deposit 
program under which a covered bank may receive deposits 
from a qualifying account. 
(b) REQUIREMENTS.—In issuing rules under sub-
section (a), the Secretary of the Treasury shall— 
(1) consult with the Federal banking agencies; 
(2) ensure each covered bank participating in 
the program established under this section— 
(A) has appropriate policies relating to 
management of assets, including measures to
3091 
ensure the safety and soundness of each such 
covered bank; and 
(B) is compliant with applicable law; and 
(3) ensure, to the extent practicable that the 
rules do not conflict with goals described in section 
308(a) of the Financial Institutions Reform, Recov-
ery, and Enforcement Act of 1989 (12 U.S.C. 1463 
note). 
(c) LIMITATIONS.— 
(1) DEPOSITS.—With respect to the funds of an 
individual qualifying account, an entity may not de-
posit an amount greater than the insured amount in 
a single covered bank. 
(2) TOTAL
DEPOSITS.—The total amount of 
funds deposited in a covered bank under the custo-
dial deposit program described under this section 
may not exceed the lesser of— 
(A) 10 percent of the average amount of 
deposits held by such covered bank in the pre-
vious quarter; or 
(B) $100,000,000 (as adjusted for infla-
tion). 
(d) REPORT.—Each quarter, the Secretary of the 
Treasury shall submit to Congress a report on the imple-
mentation of the program established under this section
3092 
including information identifying participating covered 
banks and the total amount of deposits received by covered 
banks under the program, including breakdowns by each 
State (including the District of Columbia and each terri-
tory of the United States) and Tribal government entity. 
(e) DEFINITIONS.—In this section: 
(1) COVERED BANK.—The term ‘‘covered bank’’ 
means— 
(A) a minority depository institution that 
is well capitalized, as defined by the appropriate 
Federal banking agency; or 
(B) a depository institution designated 
pursuant to section 4935 that is well capital-
ized, as defined by the appropriate Federal 
banking agency. 
(2) INSURED
AMOUNT.—The term ‘‘insured 
amount’’ means the amount that is the greater of— 
(A) the standard maximum deposit insur-
ance amount (as defined in section 11(a)(1)(E) 
of the Federal Deposit Insurance Act (12 
U.S.C. 1821(a)(1)(E))); or 
(B) such higher amount negotiated be-
tween the Secretary of the Treasury and the 
Federal Deposit Insurance Corporation under
3093 
which the Corporation will insure all deposits of 
such higher amount. 
(3) FEDERAL BANKING AGENCIES.—The terms 
‘‘appropriate Federal banking agency’’ and ‘‘Federal 
banking agencies’’ have the meaning given those 
terms, respectively, under section 3 of the Federal 
Deposit Insurance Act. 
(4) QUALIFYING ACCOUNT.—The term ‘‘quali-
fying account’’ means any account established in the 
Department of the Treasury that— 
(A) is controlled by the Secretary; and 
(B) is expected to maintain a balance 
greater than $200,000,000 for the following 24- 
month period. 
SEC. 6643. STREAMLINED COMMUNITY DEVELOPMENT FI-
NANCIAL INSTITUTION APPLICATIONS AND 
REPORTING. 
(a) APPLICATION PROCESSES.—Not later than 12 
months after the date of the enactment of this Act and 
with respect to any person having assets under 
$3,000,000,000 that submits an application for deposit in-
surance with the Federal Deposit Insurance Corporation 
that could also become a community development financial 
institution, the Federal Deposit Insurance Corporation, in
3094 
consultation with the Administrator of the Community 
Development Financial Institutions Fund, shall— 
(1) develop systems and procedures to record 
necessary information to allow the Administrator to 
conduct preliminary analysis for such person to also 
become a community development financial institu-
tion; and 
(2) develop procedures to streamline the appli-
cation and annual certification processes and to re-
duce costs for such person to become, and maintain 
certification as, a community development financial 
institution. 
(b) IMPLEMENTATION REPORT.—Not later than 18 
months after the date of the enactment of this Act, the 
Federal Deposit Insurance Corporation shall submit to 
Congress a report describing the systems and procedures 
required under subsection (a). 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—Section 17(a)(1) of the Fed-
eral Deposit Insurance Act (12 U.S.C. 1827(a)(1)) 
is amended— 
(A) in subparagraph (E), by striking 
‘‘and’’ at the end; 
(B) by redesignating subparagraph (F) as 
subparagraph (G);
3095 
(C) by inserting after subparagraph (E) 
the following new subparagraph: 
‘‘(F) applicants for deposit insurance that 
could also become a community development fi-
nancial institution (as defined in section 103 of 
the Riegle Community Development and Regu-
latory Improvement Act of 1994), a minority 
depository institution (as defined in section 308 
of the Financial Institutions Reform, Recovery, 
and Enforcement Act of 1989), or an impact 
bank (as designated pursuant to section 6635 
of the Ensuring Diversity in Community Bank-
ing Act); and’’. 
(2) APPLICATION.—The amendment made by 
this subsection shall apply with respect to the first 
report to be submitted after the date that is 2 years 
after the date of the enactment of this Act. 
SEC. 6644. TASK FORCE ON LENDING TO SMALL BUSINESS 
CONCERNS. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the enactment of this Act, the Administrator of 
the Small Business Administration shall establish a task 
force to examine methods for improving relationships be-
tween the Small Business Administration and community 
development financial institutions, minority depository in-
3096 
stitutions, and impact banks (as designated pursuant to 
section 6635) to increase the volume of loans provided by 
such institutions to small business concerns (as defined 
under section 3 of the Small Business Act (15 U.S.C. 
632)). 
(b) REPORT
TO CONGRESS.—Not later than 18 
months after the establishment of the task force described 
in subsection (a), the Administrator of the Small Business 
Administration shall submit to Congress a report on the 
findings of such task force. 
SEC. 6645. DISCRETIONARY SURPLUS FUND. 
(a) IN GENERAL.—Subparagraph (A) of section 
7(a)(3) of the Federal Reserve Act (12 U.S.C. 
289(a)(3)(A)) is amended by reducing the dollar figure de-
scribed in such subparagraph by $1,920,000,000. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on September 30, 2022. 
Subtitle 
D—Expanding 
Oppor-
tunity for Minority Depository 
Institutions 
SEC. 6651. ESTABLISHMENT OF FINANCIAL AGENT MEN-
TOR-PROTE´ GE´ PROGRAM. 
(a) IN GENERAL.—Section 308 of the Financial In-
stitutions Reform, Recovery, and Enforcement Act of
3097 
1989 (12 U.S.C. 1463 note) is amended by adding at the 
end the following new subsection: 
‘‘(d) FINANCIAL AGENT MENTOR-PROTE´GE´ PRO-
GRAM.— 
‘‘(1) IN
GENERAL.—The Secretary of the 
Treasury shall establish a program to be known as 
the ‘Financial Agent Mentor-Prote´ge´ Program’ (in 
this subsection referred to as the ‘Program’) under 
which a financial agent designated by the Secretary 
or a large financial institution may serve as a men-
tor, under guidance or regulations prescribed by the 
Secretary, to a small financial institution to allow 
such small financial institution— 
‘‘(A) to be prepared to perform as a finan-
cial agent; or 
‘‘(B) to improve capacity to provide serv-
ices to the customers of the small financial in-
stitution. 
‘‘(2) OUTREACH.—The Secretary shall hold 
outreach events to promote the participation of fi-
nancial agents, large financial institutions, and small 
financial institutions in the Program at least once a 
year. 
‘‘(3) EXCLUSION.—The Secretary shall issue 
guidance or regulations to establish a process under
3098 
which a financial agent, large financial institution, 
or small financial institution may be excluded from 
participation in the Program. 
‘‘(4) REPORT.—The Office of Minority and 
Women Inclusion of the Department of the Treasury 
shall include in the report submitted to Congress 
under section 342(e) of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act information 
pertaining to the Program, including— 
‘‘(A) the number of financial agents, large 
financial institutions, and small financial insti-
tutions participating in such Program, includ-
ing breakdowns by each State (including the 
District of Columbia and each territory of the 
United States), Tribal government entity, and 
congressional district; and 
‘‘(B) the number of outreach events de-
scribed in paragraph (2) held during the year 
covered by such report. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) FINANCIAL
AGENT.—The term ‘fi-
nancial agent’ means any national banking as-
sociation designated by the Secretary of the 
Treasury to be employed as a financial agent of 
the Government.
3099 
‘‘(B) LARGE
FINANCIAL
INSTITUTION.— 
The term ‘large financial institution’ means any 
entity regulated by the Comptroller of the Cur-
rency, the Board of Governors of the Federal 
Reserve System, the Federal Deposit Insurance 
Corporation, or the National Credit Union Ad-
ministration that has total consolidated assets 
greater than or equal to $50,000,000,000. 
‘‘(C) SMALL
FINANCIAL
INSTITUTION.— 
The term ‘small financial institution’ means— 
‘‘(i) any entity regulated by the 
Comptroller of the Currency, the Board of 
Governors of the Federal Reserve System, 
the Federal Deposit Insurance Corpora-
tion, or the National Credit Union Admin-
istration that has total consolidated assets 
lesser than or equal to $2,000,000,000; or 
‘‘(ii) a minority depository institu-
tion.’’. 
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 90 days after 
the date of the enactment of this Act.
3100 
Subtitle E—CDFI Bond Guarantee 
Program Improvement 
SEC. 6661. SENSE OF CONGRESS. 
It is the sense of Congress that the authority to guar-
antee bonds under section 114A of the Community Devel-
opment Banking and Financial Institutions Act of 1994 
(12 U.S.C. 4713a) (commonly referred to as the ‘‘CDFI 
Bond Guarantee Program’’) provides community develop-
ment financial institutions with a sustainable source of 
long-term capital and furthers the mission of the Commu-
nity Development Financial Institutions Fund (established 
under section 104(a) of such Act (12 U.S.C. 4703(a)) to 
increase economic opportunity and promote community 
development investments for underserved populations and 
distressed communities in the United States. 
SEC. 6662. GUARANTEES FOR BONDS AND NOTES ISSUED 
FOR COMMUNITY OR ECONOMIC DEVELOP-
MENT PURPOSES. 
Section 114A of the Community Development Bank-
ing and Financial Institutions Act of 1994 (12 U.S.C. 
4713a) is amended— 
(1) in subsection (c)(2), by striking ‘‘, multi-
plied by an amount equal to the outstanding prin-
cipal balance of issued notes or bonds’’;
3101 
(2) 
in 
subsection 
(e)(2)(B), 
by 
striking 
‘‘$100,000,000’’ and inserting ‘‘$25,000,000’’; and 
(3) in subsection (k), by striking ‘‘September 
30, 2014’’ and inserting ‘‘the date that is 4 years 
after the date of enactment of the Promoting and 
Advancing Communities of Color Through Inclusive 
Lending Act’’. 
SEC. 6663. REPORT ON THE CDFI BOND GUARANTEE PRO-
GRAM. 
Not later than 1 year after the date of enactment 
of this Act, and not later than 3 years after such date 
of enactment, the Secretary of the Treasury shall issue 
a report to the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate on the effective-
ness of the CDFI bond guarantee program established 
under section 114A of the Community Development Bank-
ing and Financial Institutions Act of 1994 (12 U.S.C. 
4713a).
3102 
TITLE LXVII—HOMELAND 
SECURITY PROVISIONS 
Subtitle A—Strengthening Security 
of Our Communities 
SEC. 6701. NONPROFIT SECURITY GRANT PROGRAM IM-
PROVEMENT. 
(a) IN GENERAL.—Section 2009 of the Homeland 
Security Act of 2002 (6 U.S.C. 609a) is amended— 
(1) in subsection (a), by inserting ‘‘and 
threats’’ before the period at the end; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘this subsection (a)’’ and inserting 
‘‘this subsection’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) determined by the Secretary to be at risk 
of terrorist attacks and threats.’’; 
(3) in subsection (c)— 
(A) by redesignating paragraphs (1), (2), 
and (3) as subparagraphs (A), (B), and (E), re-
spectively, and moving such subparagraphs, as 
so redesignated, two ems to the right;
3103 
(B) in the matter preceding subparagraph 
(A), as so redesignated, by striking ‘‘The recipi-
ent’’ and inserting the following: 
‘‘(1) IN GENERAL.—The recipient’’; 
(C) in subparagraph (A), as so redesig-
nated, by striking ‘‘equipment and inspection 
and screening systems’’ and inserting ‘‘equip-
ment, inspection and screening systems, and al-
teration or remodeling of existing buildings or 
physical facilities’’; 
(D) by inserting after subparagraph (B), 
as so redesignated, the following new subpara-
graphs: 
‘‘(C) Facility security personnel costs, in-
cluding costs associated with contracted secu-
rity. 
‘‘(D) Expenses directly related to the ad-
ministration of the grant, except that such ex-
penses may not exceed five percent of the 
amount of the grant.’’; and 
(E) by adding at the end the following new 
paragraph: 
‘‘(2) RETENTION.—Each State through which a 
recipient receives a grant under this section may re-
3104 
tain up to five percent of each grant for expenses di-
rectly related to the administration of the grant.’’; 
(4) in subsection (e)— 
(A) by striking ‘‘2020 through 2024’’ and 
inserting ‘‘2022 through 2028’’; and 
(B) by adding at the end the following new 
sentence: ‘‘Each such report shall also include 
information on the number of applications sub-
mitted by eligible nonprofit organizations to 
each State, the number of applications sub-
mitted by each State to the Administrator, and 
the operations of the Nonprofit Security Grant 
Program Office, including staffing resources 
and efforts with respect to subparagraphs (A) 
through (E) of subsection (c)(1).’’; 
(5) by redesignating subsection (f) as sub-
section (j); 
(6) by inserting after subsection (e) the fol-
lowing new subsections: 
‘‘(f) ADMINISTRATION.—Not later than 120 days 
after the date of the enactment of this subsection, the Ad-
ministrator shall establish within the Federal Emergency 
Management Agency a program office for the Program (in 
this section referred to as the ‘program office’). The pro-
gram office shall be headed by a senior official of the
3105 
Agency. The Administrator shall administer the Program 
(including, where appropriate, in coordination with 
States), including relating to the following: 
‘‘(1) Outreach, engagement, education, and 
technical assistance and support to eligible nonprofit 
organizations described in subsection (b), with par-
ticular attention to such organizations in under-
served communities, prior to, during, and after the 
awarding of grants, including web-based training 
videos for eligible nonprofit organizations that pro-
vide guidance on preparing an application and the 
environmental planning and historic preservation 
process. 
‘‘(2) Establishment of mechanisms to ensure 
program office processes are conducted in accord-
ance with constitutional, statutory, regulatory, and 
other legal and agency policy requirements that pro-
tect civil rights and civil liberties and, to the max-
imum extent practicable, advance equity for mem-
bers of underserved communities. 
‘‘(3) Establishment of mechanisms for the Ad-
ministrator to provide feedback to eligible nonprofit 
organizations that do not receive grants.
3106 
‘‘(4) Establishment of mechanisms to collect 
data to measure the effectiveness of grants under 
the Program. 
‘‘(5) Establishment and enforcement of stand-
ardized baseline operational requirements for States, 
including requirements for States to eliminate or 
prevent any administrative or operational obstacles 
that may impact eligible nonprofit organizations de-
scribed in subsection (b) from receiving grants under 
the Program. 
‘‘(6) Carrying out efforts to prevent waste, 
fraud, and abuse, including through audits of grant-
ees. 
‘‘(g) GRANT GUIDELINES.—For each fiscal year, 
prior to awarding grants under this section, the Adminis-
trator— 
‘‘(1) shall publish guidelines, including a notice 
of funding opportunity or similar announcement, as 
the Administrator determines appropriate; and 
‘‘(2) may prohibit States from closing applica-
tion processes prior to the publication of such guide-
lines. 
‘‘(h) ALLOCATION REQUIREMENTS.— 
‘‘(1) IN GENERAL.—In awarding grants under 
this section, the Administrator shall ensure that—
3107 
‘‘(A) 50 percent of amounts appropriated 
pursuant to the authorization of appropriations 
under subsection (k) is provided to eligible re-
cipients located in high-risk urban areas that 
receive funding under section 2003 in the cur-
rent fiscal year or received such funding in any 
of the preceding ten fiscal years, inclusive of 
any amounts States may retain pursuant to 
paragraph (2) of subsection (c); and 
‘‘(B) 50 percent of amounts appropriated 
pursuant to the authorizations of appropria-
tions under subsection (k) is provided to eligible 
recipients located in jurisdictions not receiving 
funding under section 2003 in the current fiscal 
year or have not received such funding in any 
of the preceding ten fiscal years, inclusive of 
any amounts States may retain pursuant to 
paragraph (2) of subsection (c). 
‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), the Administrator may allocate a different per-
centage if the Administrator does not receive a suffi-
cient number of applications from eligible recipients 
to meet the allocation percentages described in ei-
ther subparagraph (A) or (B) of such paragraph. If 
the Administrator exercises the authorization under
3108 
this paragraph, the Administrator shall, not later 
than 30 days after such exercise, report to the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate regard-
ing such exercise. 
‘‘(i) PAPERWORK REDUCTION ACT.—Chapter 35 of 
title 44, United States Code (commonly known as the ‘Pa-
perwork Reduction Act’), shall not apply to any changes 
to the application materials, Program forms, or other core 
Program documentation intended to enhance participation 
by eligible nonprofit organizations in the Program.’’; 
(7) in subsection (j), as so redesignated— 
(A) in paragraph (1), by striking ‘‘$75 mil-
lion for each of fiscal years 2020 through 
2024’’ and inserting ‘‘$75,000,000 for fiscal 
year 2023 and $500,000,000 for each of fiscal 
years 2024 through 2028’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) OPERATIONS AND MAINTENANCE.—Of the 
amounts authorized to be appropriated pursuant to 
paragraph (1), not more than five percent is author-
ized— 
‘‘(A) to operate the program office; and
3109 
‘‘(B) for other costs associated with the 
management, administration, and evaluation of 
the Program.’’; and 
(8) by adding at the end the following new sub-
section: 
‘‘(k) TREATMENT.—Nonprofit organizations deter-
mined by the Secretary to be at risk of extremist attacks 
other than terrorist attacks and threats under subsection 
(a) are deemed to satisfy the conditions specified in sub-
section (b) if protecting such organizations against such 
other extremist attacks would help protect such organiza-
tions against such terrorist attacks and threats.’’. 
(b) PLAN.—Not later than 90 days after the date of 
the enactment of this Act, the Administrator of the Fed-
eral Emergency Management Agency shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a plan for the 
administration of the program office for the Nonprofit Se-
curity Grant Program established under subsection (f) of 
section 2009 of the Homeland Security Act 2002 (6 
U.S.C. 609a), as amended by subsection (a), including a 
staffing plan for such program office.
3110 
(c) CONFORMING AMENDMENT.—Section 2008 of the 
Homeland Security Act of 2002 (6 U.S.C. 609) is amend-
ed— 
(1) in subsection (c) by striking ‘‘sections 2003 
and 2004’’ and inserting ‘‘sections 2003, 2004, and 
2009’’; and 
(2) in subsection (e), by striking ‘‘section 2003 
or 2004’’ and inserting ‘‘sections 2003, 2004, or 
2009’’. 
SEC. 6702. NATIONAL COMPUTER FORENSICS INSTITUTE 
REAUTHORIZATION. 
(a) IN GENERAL.—Section 822 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 383) is amended— 
(1) in subsection (a)— 
(A) in the subsection heading, by striking 
‘‘IN GENERAL’’ and inserting ‘‘IN GENERAL; 
MISSION’’; 
(B) by striking ‘‘2022’’ and inserting 
‘‘2032’’; and 
(C) by striking the second sentence and in-
serting ‘‘The Institute’s mission shall be to edu-
cate, train, and equip State, local, territorial, 
and Tribal law enforcement officers, prosecu-
tors, judges, participants in the United States 
Secret Service’s network of cyber fraud task
3111 
forces, and other appropriate individuals re-
garding the investigation and prevention of cy-
bersecurity incidents, electronic crimes, and re-
lated cybersecurity threats, including through 
the dissemination of homeland security informa-
tion, in accordance with relevant Department 
guidance regarding privacy, civil rights, and 
civil liberties protections.’’; 
(2) by redesignating subsections (c) through (f) 
as subsections (d) through (g), respectively; 
(3) by striking subsection (b) and inserting the 
following new subsections: 
‘‘(b) CURRICULUM.—In furtherance of subsection 
(a), all education and training of the Institute shall be 
conducted in accordance with relevant Federal law and 
policy regarding privacy, civil rights, and civil liberties pro-
tections, including best practices for safeguarding data 
privacy and fair information practice principles. Education 
and training provided pursuant to subsection (a) shall re-
late to the following: 
‘‘(1) Investigating and preventing cybersecurity 
incidents, electronic crimes, and related cybersecu-
rity threats, including relating to instances involving 
illicit use of digital assets and emerging trends in cy-
bersecurity and electronic crime.
3112 
‘‘(2) Conducting forensic examinations of com-
puters, mobile devices, and other information sys-
tems. 
‘‘(3) Prosecutorial and judicial considerations 
related to cybersecurity incidents, electronic crimes, 
related cybersecurity threats, and forensic examina-
tions of computers, mobile devices, and other infor-
mation systems. 
‘‘(4) Methods to obtain, process, store, and 
admit digital evidence in court. 
‘‘(c) RESEARCH AND DEVELOPMENT.—In further-
ance of subsection (a), the Institute shall research, de-
velop, and share information relating to investigating cy-
bersecurity incidents, electronic crimes, and related cyber-
security threats that prioritize best practices for forensic 
examinations of computers, mobile devices, and other in-
formation systems. Such information may include training 
on methods to investigate ransomware and other threats 
involving the use of digital assets.’’; 
(4) in subsection (d), as so redesignated— 
(A) by striking ‘‘cyber and electronic crime 
and related threats is shared with State, local, 
tribal, and territorial law enforcement officers 
and prosecutors’’ and inserting ‘‘cybersecurity 
incidents, electronic crimes, and related cyberse-
3113 
curity threats is shared with recipients of edu-
cation and training provided pursuant to sub-
section (a)’’; and 
(B) by adding at the end the following new 
sentence: ‘‘The Institute shall prioritize pro-
viding education and training to individuals 
from 
geographically-diverse 
jurisdictions 
throughout the United States.’’; 
(5) in subsection (e), as so redesignated— 
(A) by striking ‘‘State, local, tribal, and 
territorial law enforcement officers’’ and insert-
ing ‘‘recipients of education and training pro-
vided pursuant to subsection (a)’’; and 
(B) by striking ‘‘necessary to conduct 
cyber and electronic crime and related threat 
investigations and computer and mobile device 
forensic examinations’’ and inserting ‘‘for inves-
tigating and preventing cybersecurity incidents, 
electronic crimes, related cybersecurity threats, 
and for forensic examinations of computers, 
mobile devices, and other information systems’’; 
(6) in subsection (f), as so redesignated— 
(A) by amending the heading to read as 
follows: ‘‘CYBER FRAUD TASK FORCES’’;
3114 
(B) by striking ‘‘Electronic Crime’’ and in-
serting ‘‘Cyber Fraud’’; 
(C) by striking ‘‘State, local, tribal, and 
territorial law enforcement officers’’ and insert-
ing ‘‘recipients of education and training pro-
vided pursuant to subsection (a)’’; and 
(D) by striking ‘‘at’’ and inserting ‘‘by’’; 
(7) by redesignating subsection (g), as redesig-
nated pursuant to paragraph (2), as subsection (j); 
and 
(8) by inserting after subsection (f), as so re-
designated, the following new subsections: 
‘‘(g) EXPENSES.—The Director of the United States 
Secret Service may pay for all or a part of the education, 
training, or equipment provided by the Institute, including 
relating to the travel, transportation, and subsistence ex-
penses of recipients of education and training provided 
pursuant to subsection (a). 
‘‘(h) ANNUAL REPORTS TO CONGRESS.—The Sec-
retary shall include in the annual report required pursuant 
to section 1116 of title 31, United States Code, informa-
tion regarding the activities of the Institute, including re-
lating to the following: 
‘‘(1) Activities of the Institute, including, where 
possible, an identification of jurisdictions with recipi-
3115 
ents of education and training provided pursuant to 
subsection (a) of this section during such year and 
information relating to the costs associated with 
such education and training. 
‘‘(2) Any information regarding projected fu-
ture demand for such education and training. 
‘‘(3) Impacts of the Institute’s activities on ju-
risdictions’ capability to investigate and prevent cy-
bersecurity incidents, electronic crimes, and related 
cybersecurity threats. 
‘‘(4) A description of the nomination process 
for State, local, territorial, and Tribal law enforce-
ment officers, prosecutors, judges, participants in 
the United States Secret Service’s network of cyber 
fraud task forces, and other appropriate individuals 
to receive the education and training provided pursu-
ant to subsection (a). 
‘‘(5) Any other issues determined relevant by 
the Secretary. 
‘‘(i) DEFINITIONS.—In this section— 
‘‘(1) CYBERSECURITY THREAT.—The term ‘cy-
bersecurity threat’ has the meaning given such term 
in section 102 of the Cybersecurity Act of 2015 (en-
acted as division N of the Consolidated Appropria-
3116 
tions Act, 2016 (Public Law 114–113; 6 U.S.C. 
1501)). 
‘‘(2) INCIDENT.—The term ‘incident’ has the 
meaning given such term in section 2209(a). 
‘‘(3) INFORMATION SYSTEM.—The term ‘infor-
mation system’ has the meaning given such term in 
section 102 of the Cybersecurity Act of 2015 (en-
acted as division N of the Consolidated Appropria-
tions Act, 2016 (Public Law 114–113; 6 U.S.C. 
1501(9))).’’. 
(b) GUIDANCE FROM THE PRIVACY OFFICER AND 
CIVIL RIGHTS AND CIVIL LIBERTIES OFFICER.—The Pri-
vacy Officer and the Officer for Civil Rights and Civil Lib-
erties of the Department of Homeland Security shall pro-
vide guidance, upon the request of the Director of the 
United States Secret Service, regarding the functions 
specified in subsection (b) of section 822 of the Homeland 
Security Act of 2002 (6 U.S.C. 383), as amended by sub-
section (a). 
(c) TEMPLATE
FOR
INFORMATION
COLLECTION 
FROM PARTICIPATING JURISDICTIONS.—Not later than 
180 days after the date of the enactment of this Act, the 
Director of the United States Secret Service shall develop 
and disseminate to jurisdictions that are recipients of edu-
cation and training provided by the National Computer
3117 
Forensics Institute pursuant to subsection (a) of section 
822 of the Homeland Security Act of 2002 (6 U.S.C. 
383), as amended by subsection (a), a template to permit 
each such jurisdiction to submit to the Director reports 
on the impacts on such jurisdiction of such education and 
training, including information on the number of digital 
forensics exams conducted annually. The Director shall, 
as appropriate, revise such template and disseminate to 
jurisdictions described in this subsection any such revised 
templates. 
(d) REQUIREMENTS ANALYSIS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Di-
rector of the United States Secret Service shall carry 
out a requirements analysis of approaches to expand 
capacity of the National Computer Forensics Insti-
tute to carry out the Institute’s mission as set forth 
in subsection (a) of section 822 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 383), as amended by 
subsection (a). 
(2) SUBMISSION.—Not later than 90 days after 
completing the requirements analysis under para-
graph (1), the Director of the United States Secret 
Service shall submit to Congress such analysis, to-
gether with a plan to expand the capacity of the Na-
3118 
tional Computer Forensics Institute to provide edu-
cation and training described in such subsection. 
Such analysis and plan shall consider the following: 
(A) Expanding the physical operations of 
the Institute. 
(B) Expanding the availability of virtual 
education and training to all or a subset of po-
tential recipients of education and training from 
the Institute. 
(C) Some combination of the consider-
ations set forth in subparagraphs (A) and (B). 
(e) RESEARCH AND DEVELOPMENT.—The Director 
of the United States Secret Service may coordinate with 
the Under Secretary for Science and Technology of the 
Department of Homeland Security to carry out research 
and development of systems and procedures to enhance 
the National Computer Forensics Institute’s capabilities 
and capacity to carry out the Institute’s mission as set 
forth in subsection (a) of section 822 of the Homeland 
Security Act of 2002 (6 U.S.C. 383), as amended by sub-
section (a). 
SEC. 6703. HOMELAND SECURITY CAPABILITIES PRESERVA-
TION. 
(a) PLAN.—
3119 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, acting through the Ad-
ministrator of the Federal Emergency Management 
Agency, shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a plan, informed by the survey 
information collected pursuant to subsection (b), to 
make Federal assistance available for at least three 
consecutive fiscal years to certain urban areas that 
in the current fiscal year did not receive grant fund-
ing under the Urban Area Security Initiative under 
section 2003 of the Homeland Security Act of 2002 
(6 U.S.C. 604) and require continued Federal assist-
ance for the purpose of preserving a homeland secu-
rity capability related to preventing, preparing for, 
protecting against, and responding to acts of ter-
rorism that had been developed or otherwise sup-
ported through prior grant funding under such Ini-
tiative and allow for such urban areas to transition 
to such urban areas costs of preserving such home-
land security capabilities. 
(2) ADDITIONAL REQUIREMENT.—The plan re-
quired under paragraph (1) shall also contain a pro-
3120 
hibition on an urban area that in a fiscal year is eli-
gible to receive Federal assistance described in such 
paragraph from also receiving grant funding under 
the Urban Area Security Initiative under section 
2003 of the Homeland Security Act of 2002. In such 
a case, such plan shall require such an urban area 
to promptly notify the Administrator of the Federal 
Emergency Management Agency regarding the pref-
erence of such urban area to retain either— 
(A) such eligibility for such Federal assist-
ance; or 
(B) such receipt of such grant funding. 
(b) SURVEY.—In developing the plan required under 
subsection (a), the Administrator of the Federal Emer-
gency Management Agency, shall, to ascertain the scope 
of Federal assistance required, survey urban areas that— 
(1) did not receive grant funding under the 
Urban Area Security Initiative under section 2003 
of the Homeland Security Act of 2002 in the current 
fiscal year concerning homeland security capabilities 
related to preventing, preparing for, protecting 
against, and responding to acts of terrorism that 
had been developed or otherwise supported through 
funding under such Initiative that are at risk of
3121 
being reduced or eliminated without such Federal 
assistance; 
(2) received such funding in the current fiscal 
year, but did not receive such funding in at least one 
fiscal year in the six fiscal years immediately pre-
ceding the current fiscal year; and 
(3) any other urban areas the Secretary deter-
mines appropriate. 
(c) EXEMPTION.—The Secretary of Homeland Secu-
rity may exempt the Federal Emergency Management 
Agency from the requirements of subchapter I of chapter 
35 of title 44, United States Code (commonly referred to 
as the ‘‘Paperwork Reduction Act’’), for purposes of car-
rying out subsection (b) if the Secretary determines that 
complying with such requirements would delay the devel-
opment of the plan required under subsection (a). 
(d) CONTENTS.—The plan required under subsection 
(a) shall— 
(1) establish eligibility criteria for urban areas 
to receive Federal assistance pursuant to such plan 
to provide assistance for the purpose described in 
such subsection; 
(2) identify annual funding levels for such Fed-
eral assistance in accordance with the survey re-
quired under subsection (b); and
3122 
(3) consider a range of approaches to make 
such Federal assistance available to such urban 
areas, including— 
(A) modifications to the Urban Area Secu-
rity Initiative under section 2003 of the Home-
land Security Act of 2002 in a manner that 
would not affect the availability of funding to 
urban areas under such Initiative; 
(B) the establishment of a competitive 
grant program; 
(C) the establishment of a formula grant 
program; and 
(D) a timeline for the implementation of 
any such approach and, if necessary, a legisla-
tive proposal to authorize any such approach. 
SEC. 6704. SCHOOL AND DAYCARE PROTECTION. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 714. SCHOOL SECURITY COORDINATING COUNCIL. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a coordinating council to ensure that, to the 
maximum extent practicable, activities, plans, and policies 
to enhance the security of early childhood education pro-
grams, elementary schools, high schools, and secondary
3123 
schools against acts of terrorism and other homeland secu-
rity threats are coordinated. 
‘‘(b) COMPOSITION.—The members of the council es-
tablished pursuant to subsection (a) shall include the fol-
lowing: 
‘‘(1) The Under Secretary for Strategy, Policy, 
and Plans. 
‘‘(2) The Director of the Cybersecurity and In-
frastructure Security. 
‘‘(3) The Administrator of the Federal Emer-
gency Management Agency. 
‘‘(4) The Director of the Secret Service. 
‘‘(5) The Executive Director of the Office of 
Academic Engagement. 
‘‘(6) The Assistant Secretary for Public Affairs. 
‘‘(7) Any other official of the Department the 
Secretary determines appropriate. 
‘‘(c) LEADERSHIP.—The Secretary shall designate a 
member of the council to serve as chair of the council. 
‘‘(d) RESOURCES.—The Secretary shall participate in 
Federal efforts to maintain and publicize a clearinghouse 
of resources available to early childhood education pro-
grams, elementary schools, high schools, and secondary 
schools to enhance security against acts of terrorism and 
other homeland security threats.
3124 
‘‘(e) REPORTS.—Not later than January 30, 2023, 
and annually thereafter, the Secretary shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report regard-
ing the following: 
‘‘(1) The Department’s activities, plans, and 
policies aimed at enhancing the security of early 
childhood education programs, elementary schools, 
high schools, and secondary schools against acts of 
terrorism and other homeland security threats. 
‘‘(2) With respect to the immediately preceding 
year, information on the following: 
‘‘(A) The council’s activities during such 
year. 
‘‘(B) The Department’s contributions to 
Federal efforts to maintain and publicize the 
clearinghouse of resources referred to in sub-
section (d) during such year. 
‘‘(3) Any metrics regarding the efficacy of such 
activities and contributions, and any engagement 
with stakeholders outside of the Federal Govern-
ment. 
‘‘(f) DEFINITIONS.—In this section, the terms ‘early 
childhood education program’, ‘elementary school’, ‘high
3125 
school’, and ‘secondary school’ have the meanings given 
such terms in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
713 the following new item: 
‘‘Sec. 714. School security coordinating council.’’. 
SEC. 6705. REPORTING EFFICIENTLY TO PROPER OFFI-
CIALS IN RESPONSE TO TERRORISM. 
(a) IN GENERAL.—Whenever an act of terrorism oc-
curs in the United States, the Secretary of Homeland Se-
curity, the Attorney General, the Director of the Federal 
Bureau of Investigation, and, as appropriate, the head of 
the National Counterterrorism Center, shall submit to the 
appropriate congressional committees, by not later than 
one year after the completion of the investigation con-
cerning such act by the primary Government agency con-
ducting such investigation, an unclassified report (which 
may be accompanied by a classified annex) concerning 
such act. 
(b) CONTENT OF REPORTS.—A report under this sec-
tion shall— 
(1) include a statement of the facts of the act 
of terrorism referred to in subsection (a), as known 
at the time of the report;
3126 
(2) identify any gaps in homeland or national 
security that could be addressed to prevent future 
acts of terrorism; and 
(3) include any recommendations for additional 
measures that could be taken to improve homeland 
or national security, including recommendations re-
lating to potential changes in law enforcement prac-
tices or changes in law, with particular attention to 
changes that could help prevent future acts of ter-
rorism. 
(c) EXCEPTION.— 
(1) IN GENERAL.—If the Secretary of Home-
land Security, the Attorney General, the Director of 
the Federal Bureau of Investigation, or, as appro-
priate, the head of the National Counterterrorism 
Center determines any information described in sub-
section (b) required to be reported in accordance 
with subsection (a) could jeopardize an ongoing in-
vestigation or prosecution, the Secretary, Attorney 
General, Director, or head, as the case may be— 
(A) may withhold from reporting such in-
formation; and 
(B) shall notify the appropriate congres-
sional committees of such determination.
3127 
(2) SAVING PROVISION.—Withholding of infor-
mation pursuant to a determination under para-
graph (1) shall not affect in any manner the respon-
sibility to submit a report required under subsection 
(a) containing other information described in sub-
section (b) not subject to such determination. 
(d) DEFINITIONS.—In this section: 
(1) ACT OF TERRORISM.—The term ‘‘act of ter-
rorism’’ has the meaning given such term in section 
3077 of title 18, United States Code. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) in the House of Representatives— 
(i) the Committee on Homeland Secu-
rity; 
(ii) the Committee on the Judiciary; 
and 
(iii) the Permanent Select Committee 
on Intelligence; and 
(B) in the Senate— 
(i) the Committee on Homeland Secu-
rity and Governmental Affairs; 
(ii) the Committee on the Judiciary; 
and
3128 
(iii) the Select Committee on Intel-
ligence. 
SEC. 6706. CYBERSECURITY GRANTS FOR SCHOOLS. 
(a) IN GENERAL.—Section 2220 of the Homeland 
Security Act of 2002 (6 U.S.C. 665f) is amended by add-
ing at the end the following new subsection: 
‘‘(e) GRANTS
AND COOPERATIVE AGREEMENTS.— 
The Director may award financial assistance in the form 
of grants or cooperative agreements to States, local gov-
ernments, institutions of higher education (as such term 
is defined in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001)), nonprofit organizations, and 
other non-Federal entities as determined appropriate by 
the Director for the purpose of funding cybersecurity and 
infrastructure security education and training programs 
and initiatives to— 
‘‘(1) carry out the purposes of CETAP; and 
‘‘(2) enhance CETAP to address the national 
shortfall of cybersecurity professionals.’’. 
(b) BRIEFINGS.—Paragraph (2) of subsection (c) of 
section 2220 of the Homeland Security Act of 2002 (6 
U.S.C. 665f) is amended— 
(1) by redesignating subparagraphs (C) and 
(D) as subparagraphs (D) and (E) respectively; and
3129 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) information on any grants or coopera-
tive agreements made pursuant to subsection 
(e), including how any such grants or coopera-
tive agreements are being used to enhance cy-
bersecurity education for underserved popu-
lations or communities;’’. 
Subtitle B—Enhancing DHS 
Acquisitions and Supply Chain 
SEC. 6721. HOMELAND PROCUREMENT REFORM. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RE-
LATED TO NATIONAL SECURITY INTERESTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED ITEM.—The term ‘covered item’ 
means any of the following: 
‘‘(A) Footwear provided as part of a uni-
form. 
‘‘(B) Uniforms. 
‘‘(C) Holsters and tactical pouches. 
‘‘(D) Patches, insignia, and embellish-
ments.
3130 
‘‘(E) Chemical, biological, radiological, and 
nuclear protective gear. 
‘‘(F) Body armor components intended to 
provide ballistic protection for an individual, 
consisting of 1 or more of the following: 
‘‘(i) Soft ballistic panels. 
‘‘(ii) Hard ballistic plates. 
‘‘(iii) Concealed armor carriers worn 
under a uniform. 
‘‘(iv) External armor carriers worn 
over a uniform. 
‘‘(G) Any other item of clothing or protec-
tive equipment as determined appropriate by 
the Secretary. 
‘‘(2) FRONTLINE OPERATIONAL COMPONENT.— 
The term ‘frontline operational component’ means 
any of the following organizations of the Depart-
ment: 
‘‘(A) U.S. Customs and Border Protection. 
‘‘(B) U.S. Immigration and Customs En-
forcement. 
‘‘(C) The United States Secret Service. 
‘‘(D) The Transportation Security Admin-
istration. 
‘‘(E) The Coast Guard.
3131 
‘‘(F) The Federal Protective Service. 
‘‘(G) The Federal Emergency Management 
Agency. 
‘‘(H) The Federal Law Enforcement 
Training Centers. 
‘‘(I) The Cybersecurity and Infrastructure 
Security Agency. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that any procurement of a covered item for a front-
line operational component meets the following cri-
teria: 
‘‘(A)(i) To the maximum extent possible, 
not less than one-third of funds obligated in a 
specific fiscal year for the procurement of such 
covered items shall be covered items that are 
manufactured or supplied in the United States 
by entities that qualify as small business con-
cerns, as such term is described under section 
3 of the Small Business Act (15 U.S.C. 632). 
‘‘(ii) Covered items may only be supplied 
pursuant to subparagraph (A) to the extent 
that United States entities that qualify as small 
business concerns—
3132 
‘‘(I) are unable to manufacture cov-
ered items in the United States; and 
‘‘(II) meet the criteria identified in 
subparagraph (B). 
‘‘(B) Each contractor with respect to the 
procurement of such a covered item, including 
the end-item manufacturer of such a covered 
item— 
‘‘(i) is an entity registered with the 
System for Award Management (or suc-
cessor system) administered by the General 
Services Administration; and 
‘‘(ii) is in compliance with ISO 
9001:2015 of the International Organiza-
tion for Standardization (or successor 
standard) or a standard determined appro-
priate by the Secretary to ensure the qual-
ity of products and adherence to applicable 
statutory and regulatory requirements. 
‘‘(C) Each supplier of such a covered item 
with an insignia (such as any patch, badge, or 
emblem) and each supplier of such an insignia, 
if such covered item with such insignia or such 
insignia, as the case may be, is not produced,
3133 
applied, or assembled in the United States, 
shall— 
‘‘(i) store such covered item with such 
insignia or such insignia in a locked area; 
‘‘(ii) report any pilferage or theft of 
such covered item with such insignia or 
such insignia occurring at any stage before 
delivery of such covered item with such in-
signia or such insignia; and 
‘‘(iii) destroy any such defective or 
unusable covered item with insignia or in-
signia in a manner established by the Sec-
retary, and maintain records, for three 
years after the creation of such records, of 
such destruction that include the date of 
such destruction, a description of the cov-
ered item with insignia or insignia de-
stroyed, the quantity of the covered item 
with insignia or insignia destroyed, and the 
method of destruction. 
‘‘(2) WAIVER.— 
‘‘(A) IN GENERAL.—In the case of a na-
tional emergency declared by the President 
under the National Emergencies Act (50 U.S.C. 
1601 et seq.) or a major disaster declared by
3134 
the President under section 401 of the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5170), the Secretary 
may waive a requirement in subparagraph (A), 
(B) or (C) of paragraph (1) if the Secretary de-
termines there is an insufficient supply of a 
covered item that meets the requirement. 
‘‘(B) NOTICE.—Not later than 60 days 
after the date on which the Secretary deter-
mines a waiver under subparagraph (A) is nec-
essary, the Secretary shall provide to the Com-
mittee on Homeland Security and Govern-
mental Affairs and the Committee on Appro-
priations of the Senate and the Committee on 
Homeland Security, the Committee on Over-
sight and Reform, and the Committee on Ap-
propriations of the House of Representatives 
notice of such determination, which shall in-
clude— 
‘‘(i) identification of the national 
emergency or major disaster declared by 
the President; 
‘‘(ii) identification of the covered item 
for which the Secretary intends to issue 
the waiver; and
3135 
‘‘(iii) a description of the demand for 
the covered item and corresponding lack of 
supply from contractors able to meet the 
criteria described in subparagraph (B) or 
(C) of paragraph (1). 
‘‘(c) PRICING.—The Secretary shall ensure that cov-
ered items are purchased at a fair and reasonable price, 
consistent with the procedures and guidelines specified in 
the Federal Acquisition Regulation. 
‘‘(d) REPORT.—Not later than 1 year after the date 
of enactment of this section and annually thereafter, the 
Secretary shall provide to the Committee on Homeland Se-
curity, the Committee on Oversight and Reform, and the 
Committee on Appropriations of the House of Representa-
tives, and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Appropriations 
of the Senate a briefing on instances in which vendors 
have failed to meet deadlines for delivery of covered items 
and corrective actions taken by the Department in re-
sponse to such instances. 
‘‘(e) EFFECTIVE DATE.—This section applies with 
respect to a contract entered into by the Department or 
any frontline operational component on or after the date 
that is 180 days after the date of enactment of this sec-
tion.’’.
3136 
(b) STUDY.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Sec-
retary of Homeland Security shall submit to the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Home-
land Security of the House of Representatives a 
study of the adequacy of uniform allowances pro-
vided to employees of frontline operational compo-
nents (as defined in section 836 of the Homeland 
Security Act of 2002, as added by subsection (a)). 
(2) REQUIREMENTS.—The study conducted 
under paragraph (1) shall— 
(A) be informed by a Department-wide 
survey of employees from across the Depart-
ment of Homeland Security who receive uni-
form allowances that seeks to ascertain what, if 
any, improvements could be made to the cur-
rent uniform allowances and what, if any, im-
pacts current allowances have had on employee 
morale and retention; 
(B) assess the adequacy of the most recent 
increase made to the uniform allowance for first 
year employees; and
3137 
(C) consider increasing by 50 percent, at 
minimum, the annual allowance for all other 
employees. 
(c) ADDITIONAL REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Homeland Security shall provide a report 
with recommendations on how the Department of 
Homeland Security could procure additional items 
from domestic sources and bolster the domestic sup-
ply chain for items related to national security to— 
(A) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Appropriations of the Senate; and 
(B) the Committee on Homeland Security, 
the Committee on Oversight and Reform, and 
the Committee on Appropriations of the House 
of Representatives. 
(2) CONTENTS.—The report required under 
paragraph (1) shall include the following: 
(A) A review of the compliance of the De-
partment of Homeland Security with the re-
quirements under section 604 of title VI of divi-
sion A of the American Recovery and Reinvest-
ment Act of 2009 (6 U.S.C. 453b) to buy cer-
3138 
tain items related to national security interests 
from sources in the United States. 
(B) An assessment of the capacity of the 
Department of Homeland Security to procure 
the following items from domestic sources: 
(i) Personal protective equipment and 
other items necessary to respond to a pan-
demic such as that caused by COVID–19. 
(ii) Helmets that provide ballistic pro-
tection and other head protection and com-
ponents. 
(iii) Rain gear, cold weather gear, and 
other environmental and flame resistant 
clothing. 
(d) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 
(Public Law 107–296; 116 Stat. 2135) is amended by in-
serting after the item relating to section 835 the following: 
‘‘Sec. 836. Requirements to buy certain items related to national security inter-
ests.’’. 
SEC. 6722. DHS SOFTWARE SUPPLY CHAIN RISK MANAGE-
MENT. 
(a) GUIDANCE.—The Secretary of Homeland Secu-
rity, acting through the Under Secretary, shall issue guid-
ance with respect to new and existing covered contracts.
3139 
(b) NEW
COVERED
CONTRACTS.—In developing 
guidance under subsection (a), with respect to each new 
covered contract, as a condition on the award of such a 
contract, each contractor responding to a solicitation for 
such a contract shall submit to the covered officer— 
(1) a planned bill of materials when submitting 
a bid proposal; and 
(2) the certification and notifications described 
in subsection (e). 
(c) EXISTING COVERED CONTRACTS.—In developing 
guidance under subsection (a), with respect to each exist-
ing covered contract, each contractor with an existing cov-
ered contract shall submit to the covered officer— 
(1) the bill of materials used for such contract, 
upon the request of such officer; and 
(2) the certification and notifications described 
in subsection (e). 
(d) UPDATING BILL OF MATERIALS.—With respect 
to a covered contract, in the case of a change to the infor-
mation included in a bill of materials submitted pursuant 
to subsections (b)(1) and (c)(1), each contractor shall sub-
mit to the covered officer the update to such bill of mate-
rials, in a timely manner. 
(e) CERTIFICATION AND NOTIFICATIONS.—The cer-
tification and notifications referred to in subsections
3140 
(b)(2) and (c)(2), with respect to a covered contract, are 
the following: 
(1) A certification that each item listed on the 
submitted bill of materials is free from all known 
vulnerabilities or defects affecting the security of the 
end product or service identified in— 
(A) the National Institute of Standards 
and Technology National Vulnerability Data-
base; and 
(B) any database designated by the Under 
Secretary, in coordination with the Director of 
the Cybersecurity and Infrastructure Security 
Agency, that tracks security vulnerabilities and 
defects in open source or third-party developed 
software. 
(2) A notification of each vulnerability or defect 
affecting the security of the end product or service, 
if identified, through— 
(A) the certification of such submitted bill 
of materials required under paragraph (1); or 
(B) any other manner of identification. 
(3) A notification relating to the plan to miti-
gate, repair, or resolve each security vulnerability or 
defect listed in the notification required under para-
graph (2).
3141 
(f) ENFORCEMENT.—In developing guidance under 
subsection (a), the Secretary shall instruct covered officers 
with respect to— 
(1) the processes available to such officers en-
forcing subsections (b) and (c); and 
(2) when such processes should be used. 
(g) EFFECTIVE DATE.—The guidance required under 
subsection (a) shall take effect on the date that is 180 
days after the date of the enactment of this section. 
(h) GAO REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Secretary, the 
Committee on Homeland Security of the House of Rep-
resentatives, and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report that in-
cludes— 
(1) a review of the implementation of this sec-
tion; 
(2) information relating to the engagement of 
the Department of Homeland Security with indus-
try; 
(3) an assessment of how the guidance issued 
pursuant to subsection (a) complies with Executive 
Order 14208 (86 Fed. Reg. 26633; relating to im-
proving the nation’s cybersecurity); and
3142 
(4) any recommendations relating to improving 
the supply chain with respect to covered contracts. 
(i) DEFINITIONS.—In this section: 
(1) BILL OF MATERIALS.—The term ‘‘bill of 
materials’’ means a list of the parts and components 
(whether new or reused) of an end product or serv-
ice, including, with respect to each part and compo-
nent, information relating to the origin, composition, 
integrity, and any other information as determined 
appropriate by the Under Secretary. 
(2) COVERED CONTRACT.—The term ‘‘covered 
contract’’ means a contract relating to the procure-
ment of covered information and communications 
technology or services for the Department of Home-
land Security. 
(3) COVERED INFORMATION AND COMMUNICA-
TIONS TECHNOLOGY OR SERVICES.—The term ‘‘cov-
ered information and communications technology or 
services’’ means the terms— 
(A) ‘‘information technology’’ (as such 
term is defined in section 11101(6) of title 40, 
United States Code); 
(B) ‘‘information system’’ (as such term is 
defined in section 3502(8) of title 44, United 
States Code);
3143 
(C) ‘‘telecommunications equipment’’ (as 
such term is defined in section 3(52) of the 
Communications Act of 1934 (47 U.S.C. 
153(52))); and 
(D) ‘‘telecommunications service’’ (as such 
term is defined in section 3(53) of the Commu-
nications Act of 1934 (47 U.S.C. 153(53))). 
(4) COVERED OFFICER.—The term ‘‘covered of-
ficer’’ means— 
(A) a contracting officer of the Depart-
ment; and 
(B) any other official of the Department as 
determined appropriate by the Under Secretary. 
(5) SOFTWARE.—The term ‘‘software’’ means 
computer programs and associated data that may be 
dynamically written or modified during execution. 
(6) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary for Manage-
ment of the Department of Homeland Security. 
SEC. 6723. DEPARTMENT OF HOMELAND SECURITY MEN-
TOR-PROTE´ GE´ 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:
3144 
‘‘SEC. 890C. MENTOR-PROTE´ GE´ PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a mentor-prote´ge´ program (in this section re-
ferred to as the ‘Program’) under which a mentor firm 
enters into an agreement with a prote´ge´ firm for the pur-
pose of assisting the prote´ge´ firm to compete for prime 
contracts and subcontracts of the Department. 
‘‘(b) ELIGIBILITY.—The Secretary shall establish cri-
teria for mentor firms and prote´ge´ firms to be eligible to 
participate in the Program, including a requirement that 
a firm is not included on any list maintained by the Fed-
eral 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 estab-
lish a process for submission of an application joint-
ly by a mentor firm and the prote´ge´ 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 de-
scription of each anticipated subcontract to be 
awarded to the prote´ge´ firm.
3145 
‘‘(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 in-
curred by the mentor firm for providing assist-
ance under the Program. 
‘‘(D) Attestations that Program partici-
pants will submit to the Secretary reports at 
times specified by the Secretary to assist the 
Secretary in evaluating the prote´ge´ firm’s devel-
opmental progress. 
‘‘(E) Attestations that Program partici-
pants 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 ap-
proval 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
3146 
subsection if it determines that such action is in the 
best interest of the Department. 
‘‘(d) PROGRAM DURATION.—A mentor firm and 
prote´ge´ 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 
prote´ge´ firm that enter into an agreement under sub-
section (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 prote´ge´ 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 prote´ge´ firm. 
‘‘(3) A prote´ge´ firm may receive technical, man-
agerial, 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,
3147 
the head of the Office of Small and Disadvantaged Busi-
ness Utilization shall submit to the Committee on Home-
land Security and Governmental Affairs and the Com-
mittee on Small Business and Entrepreneurship of the 
Senate and the Committee on Homeland Security and the 
Committee on Small Business of the House of Representa-
tives a report that— 
‘‘(1) identifies each agreement between a men-
tor firm and a prote´ge´ firm entered into under this 
section, including the number of prote´ge´ firm par-
ticipants 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 dis-
advantaged individuals; 
‘‘(F) small business concerns owned and 
controlled by women; 
‘‘(G) historically Black colleges and univer-
sities; and
3148 
‘‘(H) minority-serving institutions; 
‘‘(2) describes the type of assistance provided 
by mentor firms to prote´ge´ firms; 
‘‘(3) identifies contracts within the Department 
in which a mentor firm serving as the prime con-
tractor provided subcontracts to a prote´ge´ firm 
under the Program; and 
‘‘(4) assesses the degree to which there has 
been— 
‘‘(A) an increase in the technical capabili-
ties of prote´ge´ firms; and 
‘‘(B) an increase in the quantity and esti-
mated value of prime contract and subcontract 
awards to prote´ge´ firms for the period covered 
by the report. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit, diminish, impair, or other-
wise 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.
3159 
or cancel major acquisition programs (as such 
term is defined in section 837), unless the 
Under Secretary delegates such authority to a 
Component Acquisition Executive (as such term 
is defined in section 837) pursuant to para-
graph (3). 
‘‘(E) Providing additional scrutiny and 
oversight for an acquisition that is not a major 
acquisition if— 
‘‘(i) the acquisition is for a program 
that is important to the strategic and per-
formance plans of the Department; 
‘‘(ii) the acquisition is for a program 
with significant program or policy implica-
tions; and 
‘‘(iii) the Secretary determines that 
such scrutiny and oversight for the acquisi-
tion is proper and necessary. 
‘‘(F) Establishing policies for managing 
acquisitions across the Department that pro-
mote best practices (as such term is defined in 
section 837). 
‘‘(G) Establishing policies for acquisition 
that implement an approach that considers 
risks of failure to achieve cost, schedule, or per-
3160 
formance parameters that all components of the 
Department shall comply with, including out-
lining relevant authorities for program man-
agers to effectively manage acquisition pro-
grams (as such term is defined in section 837). 
‘‘(H) Ensuring that each major acquisition 
program has a Department-approved acquisi-
tion program baseline (as such term is defined 
in section 837), pursuant to the Department’s 
acquisition management policy that is traceable 
to the life-cycle cost estimate of the program, 
integrated master schedule, and operational re-
quirements. 
‘‘(I) Assisting the heads of components 
and Component Acquisition Executives in ef-
forts to comply with Federal law, the Federal 
Acquisition Regulation, and Department acqui-
sition management directives. 
‘‘(J) Ensuring that grants and financial 
assistance are provided only to individuals and 
organizations that are not suspended or 
debarred. 
‘‘(K) Distributing guidance throughout the 
Department to ensure that contractors involved 
in acquisitions, particularly contractors that ac-
3161 
cess the Department’s information systems and 
technologies, adhere to relevant Department 
policies related to physical and information se-
curity as identified by the Under Secretary. 
‘‘(L) Overseeing the Component Acquisi-
tion Executive organizational structure to en-
sure Component Acquisition Executives have 
sufficient capabilities and comply with Depart-
ment acquisition policies. 
‘‘(M) Developing and managing a profes-
sional acquisition workforce to ensure the goods 
and services acquired by the Department meet 
the needs of the mission and are at the best 
value for the expenditure of public resources. 
‘‘(3) DELEGATION
OF
CERTAIN
ACQUISITION 
DECISION
AUTHORITY.—The Under Secretary for 
Management may delegate acquisition decision au-
thority, in writing, to the relevant Component Acqui-
sition Executive for a major capital asset, service, or 
hybrid acquisition program that has a life-cycle cost 
estimate of at least $300,000,000 but not more than 
$1,000,000,000, based on fiscal year 2022 constant 
dollars, if— 
‘‘(A) the component concerned possesses 
working policies, processes, and procedures that
3162 
are consistent with Department acquisition pol-
icy; 
‘‘(B) the Component Acquisition Executive 
concerned has adequate, experienced, and dedi-
cated professional employees with program 
management training; and 
‘‘(C) each major acquisition program has a 
Department-approved acquisition program base-
line, and it is meeting agreed-upon cost, sched-
ule, and performance thresholds.’’. 
(b) OFFICE OF TEST AND EVALUATION OF THE DE-
PARTMENT OF HOMELAND SECURITY.— 
(1) IN GENERAL.—Title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 323. OFFICE OF TEST AND EVALUATION. 
‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished in the Directorate of Science and Technology of the 
Department an Office of Test and Evaluation (in this sec-
tion referred to as the ‘Office’). The Office shall— 
‘‘(1) serve as the principal advisory office for 
test and evaluation support across the Department; 
and
3163 
‘‘(2) serve as the test and evaluation liaison 
with— 
‘‘(A) Federal agencies and foreign, State, 
local, Tribal, and territorial governments; 
‘‘(B) the private sector; 
‘‘(C) institutions of higher education; and 
‘‘(D) other relevant entities. 
‘‘(b) DIRECTOR.—The Office shall be led by a Direc-
tor. The Director shall oversee the duties specified in sub-
section (a) and carry out the following responsibilities: 
‘‘(1) Serve as a member of the Department’s 
Acquisition Review Board. 
‘‘(2) Establish and update, as necessary, test 
and evaluation policies, procedures, and guidance for 
the Department. 
‘‘(3) Ensure, in coordination with the Chief Ac-
quisition Officer, the Joint Requirements Council, 
the Under Secretary for Science and Technology, 
and relevant component heads, that acquisition pro-
grams (as such term is defined in section 837)— 
‘‘(A) complete reviews of operational re-
quirements to ensure such requirements— 
‘‘(i) are informed by threats, including 
physical and cybersecurity threats; 
‘‘(ii) are operationally relevant; and
3164 
‘‘(iii) are measurable, testable, and 
achievable within the constraints of cost 
and schedule; 
‘‘(B) complete independent testing and 
evaluation of a system or service throughout de-
velopment of such system or service; 
‘‘(C) complete operational testing and eval-
uation that includes all system components and 
incorporates operators into such testing and 
evaluation to ensure that a system or service 
satisfies the mission requirements in the oper-
ational environment of such system or service 
as intended in the acquisition program baseline; 
‘‘(D) use independent verification and vali-
dation of test and evaluation implementation 
and results, as appropriate; and 
‘‘(E) document whether such programs 
meet all operational requirements. 
‘‘(4) Provide oversight of test and evaluation 
activities for major acquisition programs throughout 
the acquisition life cycle by— 
‘‘(A) approving program test and evalua-
tion master plans, plans for individual test and 
evaluation events, and other related documenta-
tion, determined appropriate by the Director;
3165 
‘‘(B) approving which independent test and 
evaluation agent or third-party tester is selected 
for each program; and 
‘‘(C) providing an independent assessment 
to the acquisition decision authority (as such 
term is defined in section 837) that assesses a 
program’s progress in meeting operational re-
quirements and operational effectiveness, suit-
ability, and resilience to inform production and 
deployment decisions. 
‘‘(5) Determine if testing of a system or service 
conducted by other Federal agencies, entities, or in-
stitutions of higher education are relevant and suffi-
cient in determining whether such system or service 
performs as intended. 
‘‘(c) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of the enactment of this section and 
annually thereafter, the Director of the Office shall 
submit to the Secretary, the Under Secretary for 
Management, component heads, and the Committee 
on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs a report relating to the test 
and evaluation activities of the major acquisition