Amendment SA 4277, National Coronavirus Commission Act of 2021 — Congressional Record, Senate
Summary
Congressional Record, Senate, November 4, 2021, pages S7808 and S7809, under the heading Text of Amendments. Mr. Menendez, for himself, Ms. Collins, Mr. Brown, and Mr. Kaine, submitted amendment SA 4277 to the fiscal year 2022 military activities bill. The amendment would add a title that may be cited as the National Coronavirus Commission Act of 2021 and establish in the legislative branch the Commission on the Coronavirus Pandemic in the United States. The Commission would be comprised of 10 members, six would constitute a quorum, and it would be able to issue subpoenas. It would examine the facts and causes of the COVID-19 pandemic, which may include investigating the origins of COVID-19, and report to the President and Congress.
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Cite this document
“Amendment SA 4277, National Coronavirus Commission Act of 2021 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-04-crec-2021-11-04-pt1-pgs7808-028598669b/
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S7808 CONGRESSIONAL RECORD — SENATE November 4, 2021
SA 4550. Mr. THUNE submitted an amend- health threats and early warning, detection, (V) the preparedness and response of spe-
ment intended to be proposed by him to the and prevention and response measures; cific types of institutions that experienced
bill H.R. 4350, supra; which was ordered to lie (E) communication and coordination re- high rates of COVID–19 infection or that are
on the table. lated to public health threats and early critical to national security, which may in-
f warning, detection, and prevention and re- clude—
sponse measures among the Federal national (i) hospitals;
TEXT OF AMENDMENTS security agencies, Federal public health (ii) skilled nursing facilities and nursing
agencies, other relevant Federal agencies, facilities;
SA 4277. Mr. MENENDEZ (for him- and State, Tribal, local, and territorial gov- (iii) assisted living facilities;
self, Ms. COLLINS, Mr. BROWN, and Mr. ernments; (iv) prisons, jails, and immigration deten-
KAINE) submitted an amendment in- (F) Federal funding and support for, en- tion centers;
tended to be proposed to amendment gagement with, and management of, inter- (v) elementary and secondary schools and
SA 3867 submitted by Mr. REED and in- national prevention, preparedness, and re- institutions of higher education;
tended to be proposed to the bill H.R. sponse efforts; (vi) food production, processing, and dis-
4350, to authorize appropriations for (G) Federal guidance, assistance, and re- tribution facilities;
quirements for State, Tribal, local, and terri- (vii) other congregate settings and con-
fiscal year 2022 for military activities torial governments; fined or high-density workplaces; and
of the Department of Defense, for mili- (H) Federal acquisition and financing ef- (viii) other critical infrastructure facili-
tary construction, and for defense ac- forts and supply chain management, includ- ties;
tivities of the Department of Energy, ing use of the authorities provided under the (W) Federal economic relief programs, in-
to prescribe military personnel Defense Production Act of 1950 (50 U.S.C. 4501 cluding—
strengths for such fiscal year, and for et seq.), related to personal protective equip- (i) loan, grant, and other financial assist-
other purposes; which was ordered to ment, testing supplies, ventilators and other ance;
medical equipment or supplies, diagnostics, (ii) unemployment insurance;
lie on the table; as follows: therapeutics, vaccines, or other relevant (iii) tax and loan deferment;
At the appropriate place, insert the fol- items for domestic and international use; (iv) direct payments;
lowing: (I) management, allocation, and distribu- (v) rental and mortgage assistance, evic-
TITLE ll—COMMISSION ON THE CORONAVIRUS tion of relevant resources (including re- tion moratoria, and foreclosure relief; and
PANDEMIC IN THE UNITED STATES sources and assets for domestic use held by
SEC. l01. SHORT TITLE. (vi) fiscal relief to States, Tribes, local-
United States agencies that provide foreign ities, and territories;
This title may be cited as the ‘‘National aid) between the Federal Government and (X) health and economic impacts on under-
Coronavirus Commission Act of 2021’’. State, Tribal, local, and territorial govern- served communities, rural populations, ra-
SEC. l02. DEFINITIONS. ments, hospitals and health care organiza- cial and ethnic minority populations, older
In this title: tions, and private sector entities, including adults, and all other populations with rel-
(1) COVID–19.—The term ‘‘COVID–19’’ personal protective equipment, testing sup- evant health or economic disparities, which
means the 2019 novel coronavirus disease. plies, ventilators and other medical equip-
may include—
(2) RELEVANT COMMITTEES OF CONGRESS.— ment or supplies, diagnostics, therapeutics,
(i) immigrant populations;
The term ‘‘relevant committees of Con- vaccines, or other relevant items;
(ii) lesbian, gay, bisexual, transgender, and
gress’’— (J) management, allocation, and distribu-
queer individuals;
(A) means all committees for which infor- tion of personal protective equipment, test-
(iii) people with disabilities;
mation in the report or plan being provided ing supplies, ventilators and other medical
(iv) people who live on or near Indian res-
might be relevant; and equipment or supplies, diagnostics, thera-
ervations or in Alaska Native villages;
(B) includes, at a minimum— peutics, vaccines, or other relevant items as
(v) residents of territories of the United
(i) the Committee on Health, Education, aid to foreign countries;
States; and
Labor, and Pensions, the Committee on Fi- (K) domestic and global supply chain
vulnerabilities with respect to personal pro- (vi) veterans;
nance, the Committee on Foreign Relations, (Y) the division of authority and respon-
the Committee on Banking, Housing, and tective equipment, testing supplies, ventila-
tors and other medical equipment or sup- sibilities between the Federal Government
Urban Affairs, the Committee on Homeland and State, Tribal, local, and territorial gov-
Security and Government Affairs, the Com- plies, diagnostics, therapeutics, vaccines, or
other relevant items; ernments;
mittee on Appropriations, and the Select (Z) any other aspect of Federal, State,
Committee on Intelligence of the Senate; (L) the operation of government-main-
tained stockpiles; Tribal, local, and territorial government pre-
and paredness and response; and
(ii) the Committee on Energy and Com- (M) scams and profiteering;
(N) misinformation and disinformation; (AA) other areas as determined relevant
merce, the Committee on Ways and Means, and appropriate by the Commission (by
the Committee on Foreign Affairs, the Com- (O) the readiness of Federal, State, Tribal,
local, and territorial public health depart- agreement of the chair and vice chair of the
mittee on Oversight and Reform, the Com- Commission); and
ments and agencies and relevant regional en-
mittee on Homeland Security, the Com- (3) investigate and report to the President
tities;
mittee on Appropriations, and the Perma- and Congress on its findings, conclusions,
(P) testing and contact tracing operations;
nent Select Committee on Intelligence of the and recommendations to improve the ability
(Q) emergency management;
House of Representatives. of the Federal Government, State, Tribal,
(R) military engagement, including the
SEC. l03. ESTABLISHMENT OF COMMISSION. local, and territorial governments, and the
National Guard Bureau;
There is established in the legislative (S) Federal, State, Tribal, local, and terri- private sector to—
branch the Commission on the Coronavirus torial orders and guidance to reduce disease (A) prevent, detect, respond to, and prepare
Pandemic in the United States (referred to transmission, including travel restrictions, for future epidemics and pandemics, whether
in this title as the ‘‘Commission’’). stay-at-home orders, in-person school and in- naturally occurring or caused by State or
SEC. l04. PURPOSES. stitution of higher education closures or non-State actors, and other public health
The purposes of the Commission are to— modifications, workplace protections or clo- emergencies;
(1) examine and report on the facts and the sures, or business closures or modifications; (B) protect the health security of the
causes relating to the COVID–19 pandemic in (T) Federal, State, Tribal, local, and terri- United States; and
the United States, which may include inves- torial guidance, public health education, and (C) reestablish the role of the United
tigating and reporting on— resource provision related to masking, social States as a global leader in epidemic and
(A) the origins of COVID–19; and distancing, hygiene, therapeutics, testing, pandemic preparedness and response.
(B) the spread of COVID–19 internationally quarantining, vaccination, or other relevant SEC. l05. COMPOSITION OF THE COMMISSION.
and within the United States; topics; (a) MEMBERS.—The Commission shall be
(2) make a full and nonpartisan accounting (U) scientific and technological prepared- comprised of 10 members, of whom—
of the United States’ preparedness for, and ness and response, which may include— (1) 1 member shall be appointed by the
response to, the COVID–19 pandemic, to in- (i) the Federal role in executing, sup- President, who shall serve as the chair of the
clude investigating and reporting on— porting, and coordinating domestic and glob- Commission;
(A) medical intelligence; al research on diagnostics, therapeutics, and (2) 1 member shall—
(B) international public health surveil- vaccines; (A) be appointed by the leader of the Sen-
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lance; (ii) the efficacy and scientific integrity of ate who represents the major political party
(C) domestic public health surveillance; the Federal authorization and approval proc- that the President does not represent, in
(D) communication and coordination be- esses for vaccines, therapeutics, and consultation with the leader of the House of
tween the Federal Government and foreign diagnostics; and Representatives from the same political
governments, the private sector, nongovern- (iii) the use of technology to detect and party; and
mental organizations, and international pub- prevent contagion, including privacy con- (B) serve as the vice chair of the Commis-
lic health organizations related to public cerns; sion;
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7809
(3) 2 members shall be appointed by the (2) ADDITIONAL MEETINGS.—After the initial (A) hold such hearings, sit and act at such
senior member of the Senate leadership of meeting of the Commission, the Commission times and places, take such testimony, re-
the Democratic Party; shall meet upon the call of the chair or a ma- ceive such evidence, and administer such
(4) 2 members shall be appointed by the jority of the members of the Commission. oaths as the Commission or such designated
senior member of the Senate leadership of (3) QUORUM.—Six members of the Commis- subcommittee or designated member may
the Republican Party; sion shall constitute a quorum. If required determine advisable; and
(5) 2 members shall be appointed by the for public health reasons, Commission mem- (B) subject to paragraph (2)(A), require, by
senior member of the leadership of the House bers may attend meetings virtually and vir- subpoena or otherwise, the attendance and
of Representatives of the Republican Party; tual attendance shall count towards consti- testimony of such witnesses and the produc-
and tuting a quorum. tion of such written, recorded, and electronic
(6) 2 members shall be appointed by the SEC. l06. FUNCTIONS OF THE COMMISSION. materials as the Commission or such des-
senior member of the leadership of the House The functions of the Commission are to— ignated subcommittee or designated member
of Representatives of the Democratic Party. (1) conduct an investigation that— may determine advisable, including cor-
(b) QUALIFICATIONS.— (A) addresses the purposes described in sec- respondence, memoranda, diplomatic cables,
(1) POLITICAL PARTY AFFILIATION.—Not tion 4; papers, documents, reports, books, notes,
more than 5 members of the Commission (B) investigates relevant facts and cir- records, text messages, emails, voicemails,
shall be from the same political party. cumstances relating to the COVID–19 pan- and communications, including communica-
(2) NONGOVERNMENTAL APPOINTEES.—An in- demic in the United States, including pre- tions sent from or received on both official
dividual appointed to the Commission shall paredness for, and the response to, the and personal accounts and devices.
not— COVID–19 pandemic by the Federal Govern- (2) SUBPOENAS.—
(A) be an officer or employee of the Fed- ment and, as appropriate, State, Tribal, ter- (A) ISSUANCE.—
eral Government or any State, Tribal, local, ritorial, and local governments, including (i) IN GENERAL.—A subpoena may be issued
or territorial government, except in the case any relevant legislation, Executive order, under this subsection only—
of a State employee who works at a public regulation, plan, policy, practice, or proce- (I) by the agreement of the chair and the
institution of higher education or State- dure; vice chair; or
funded research institution; or (C) includes relevant facts and cir- (II) by the affirmative vote of a majority of
(B) have held a position in any agency, of- cumstances relating to— the members of the Commission.
fice, or other establishment in the executive, (i) domestic and international public (ii) SIGNATURE.—Subject to clause (i), sub-
legislative, or judicial branch of the Federal health agencies; poenas issued under this subsection may be
Government, the functions and duties of (ii) health care agencies; issued under the signature of the chair or
which included planning, coordinating, or (iii) financial, labor and housing agencies; any member designated by a majority of the
implementing any aspect of the Federal Gov- (iv) education agencies; Commission, and may be served by any per-
ernment response to the public health emer- (v) intelligence agencies; son designated by the chair or by a member
gency declared by the Secretary of Health (vi) defense and national security agencies; designated by a majority of the Commission.
and Human Services under section 319 of the (vii) diplomacy and development agencies; (B) ENFORCEMENT.—
Public Health Service Act (42 U.S.C. 247d) on (viii) White House offices and councils; (i) IN GENERAL.—In the case of contumacy
January 31, 2020, with respect to COVID–19, (ix) health care organizations; or failure to obey a subpoena issued under
including a position that required the indi- (x) private sector entities; this subsection, the United States district
vidual holding the position to attend meet- (xi) scientific research agencies; court for the judicial district in which the
ings relating to that response. (xii) immigration and border control agen- subpoenaed person resides, is served, or may
(3) ETHICS AND CONFLICTS REPORT.—The cies; be found, or where the subpoena is return-
Commission shall hire an ethics counsel, and (xiii) international trade organizations; able, may issue an order requiring such per-
not later than 30 days after the initial meet- (xiv) Congress; son to appear at any designated place to tes-
ing of the Commission, the ethics counsel (xv) State, Tribal, local, and territorial tify or to produce documentary or other evi-
shall submit a detailed plan for identifying government agencies; dence. Any failure to obey the order of the
and resolving potential and actual conflicts (xvi) the role of congressional and State court may be punished by the court as a con-
of interest by any member of the Commis- government oversight and resource alloca- tempt of that court.
sion, including of an ethical, financial, or tion; and (ii) ADDITIONAL ENFORCEMENT.—In the case
personal nature, or that could lead a reason- (xvii) other areas of the public and private of any failure of any witness to comply with
able person to conclude a conflict may exist, sectors determined relevant by the Commis- any subpoena or to testify when summoned
to the relevant committees of Congress. sion for its inquiry; under authority of this section, the Commis-
(4) OTHER QUALIFICATIONS.— (D) coordinates with and reviews the find- sion may, by majority vote, certify a state-
(A) GOVERNORS, PUBLIC HEALTH EXPERTS, ings, conclusions, and recommendations of ment of fact constituting such failure to the
AND ECONOMIC POLICY EXPERTS.—In appoint- other relevant international, executive appropriate United States attorney, who
ing members to the Commission, the ap- branch, congressional, State, or independent may bring the matter before the grand jury
pointing individuals described in subsection commission investigations into the COVID– for its action, under the same statutory au-
(a) of the same political party shall coordi- 19 pandemic, to the extent determined appro- thority and procedures as if the United
nate to ensure that the members appointed priate by Commission members; and States attorney had received a certification
by each political party include— (E) may include a comparative analysis of under sections 102 through 104 of the Revised
(i) at least 1 former governor of a State; relevant domestic or international best prac- Statutes of the United States (2 U.S.C. 192
(ii) at least 1 public health expert; and tices; through 194).
(iii) at least 1 economic policy expert. (2) identify, review, and evaluate the les- (b) CONTRACTING.—The Commission may,
(B) SENSE OF CONGRESS.—It is the sense of sons learned from the COVID–19 pandemic to such extent and in such amounts as are
Congress that individuals appointed to the regarding the structure, coordination, man-
provided in appropriation Acts, enter into
Commission should be prominent United agement policies, and procedures of the Fed-
contracts to enable the Commission to dis-
States citizens, with national recognition eral Government, State, Tribal, local, and
and significant depth of experience in such territorial governments, and nongovern- charge its duties under this title.
professions as governmental service, public mental entities relative to detecting, pre- (c) INFORMATION FROM FEDERAL AGEN-
health, global health, infectious diseases, venting, and responding to— CIES.—
pandemic preparedness and response, human- (A) epidemics and pandemics, whether nat- (1) IN GENERAL.—The Commission is au-
itarian response and relief, scientific re- urally occurring or caused by State or non- thorized to secure directly from any execu-
search, public administration, intelligence State actors; and tive department, bureau, agency, board,
gathering, commerce, national security, and (B) other public health emergencies; and commission, office, independent establish-
foreign affairs. (3) submit to the President and Congress ment, or instrumentality of the Government,
(5) TIMELINE FOR APPOINTMENT.—All mem- such reports as are required by this title con- information, suggestions, estimates, and sta-
bers of the Commission shall be appointed taining such findings, conclusions, and legis- tistics for the purposes of this title. Notwith-
not later than 60 days after the date of en- lative, regulatory, and policy recommenda- standing any other law or any assertion of
actment of this Act. tions as the Commission shall determine, in- privilege, each department, bureau, agency,
(6) VACANCIES.—Any vacancy in the Com- cluding proposing organization, coordina- board, commission, office, independent es-
mission shall not affect its powers, but shall tion, planning, management arrangements, tablishment, or instrumentality shall fur-
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be filled in the same manner in which the procedures, rules, and regulations. nish, without redaction, such records, infor-
original appointment was made. SEC. l07. POWERS OF THE COMMISSION. mation, suggestions, estimates, and statis-
(c) MEETINGS.— (a) IN GENERAL.— tics directly to the Commission, upon re-
(1) INITIAL MEETING.—The Commission (1) HEARINGS AND EVIDENCE.—The Commis- quest made by the chair, the chair of any
shall meet and begin the operations of the sion or, on the authority of the Commission, subcommittee created by a majority of the
Commission within 45 days after the appoint- any subcommittee or member thereof, may, Commission, or any member designated by a
ment of all Commission members. for the purpose of carrying out this title— majority of the Commission.
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S7810 CONGRESSIONAL RECORD — SENATE November 4, 2021
(2) RECEIPT, HANDLING, STORAGE, AND DIS- the equivalent of that payable for a position produce a comprehensive, fact-based, evi-
SEMINATION.—Information shall only be re- at level V of the Executive Schedule under dentiary, nonpartisan, and actionable final
ceived, handled, stored, and disseminated by section 5316 of such title. report.
members of the Commission and its staff (2) NONPARTISAN STAFF.—The staff director (c) ACCESSIBILITY.—The final report shall—
consistent with all applicable statutes, regu- shall be responsible for the day-to-day au- (1) simultaneously be made publicly avail-
lations, and Executive orders. thority over the activities of the personnel able on an internet website;
(d) ASSISTANCE FROM FEDERAL AGENCIES.— of the Commission, and the staff director and (2) be written in plain language, to the ex-
(1) GENERAL SERVICES ADMINISTRATION.— any other personnel of the Commission shall tent deemed practicable by the Commission;
The Administrator of General Services shall be hired without regard to political affili- and
provide to the Commission on a reimburs- ation. (3) be made available in accessible formats
able basis administrative support and other (3) PERSONNEL AS FEDERAL EMPLOYEES.— and multiple languages, to the extent deter-
services for the performance of the Commis- (A) IN GENERAL.—The staff director and mined practicable by the Commission.
sion’s functions. any personnel of the Commission who are (d) ALTERNATIVE MEDIUMS.—The Commis-
(2) OTHER DEPARTMENTS AND AGENCIES.—In employees shall be employees under section sion may use alternative mediums to com-
addition to the assistance prescribed in para- 2105 of title 5, United States Code, for pur- municate key findings from the final report
graph (1), departments and agencies of the poses of chapters 63, 81, 83, 84, 85, 87, 89, and to as many people of the United States as
United States may provide to the Commis- 90 of that title. possible.
sion such services, funds, facilities, staff, and (B) MEMBERS OF COMMISSION.—Subpara- (e) EXTENSIONS.—The submission and pub-
other support services as the departments graph (A) shall not be construed to apply to lication of the final report, as described in
and agencies may determine advisable and as members of the Commission. subsection (b), may be delayed by 90 days
may be authorized by law. (b) DETAILEES.—Any Federal Government upon the agreement of a majority of the
(e) GIFTS.—The Commission may accept, employee may be detailed to the Commission members of the Commission. The Commis-
use, and dispose of gifts or donations of serv- without reimbursement from the Commis- sion may make not more than 3 90-day ex-
ices or property. sion, and such detailee shall retain the tensions. The Commission shall notify the
(f) POSTAL SERVICES.—The Commission rights, status, and privileges of his or her President, Congress, and the public of each
may use the United States mails in the same regular employment without interruption. such extension.
manner and under the same conditions as de- (c) CONSULTANT SERVICES.—The Commis- (f) TERMINATION.—
partments and agencies of the United States. sion is authorized to procure the services of (1) IN GENERAL.—The Commission, and all
SEC. l08. NONAPPLICABILITY OF THE FEDERAL experts and consultants in accordance with the authorities of this title, shall terminate
ADVISORY COMMISSION ACT. section 3109 of title 5, United States Code, 120 days after the date on which the final re-
(a) IN GENERAL.—The Federal Advisory but at rates not to exceed the daily rate paid port is submitted under subsection (b).
Committee Act (5 U.S.C. App.) shall not a person occupying a position at level IV of (2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
apply to the Commission. the Executive Schedule under section 5315 of MINATION.—The Commission may use the 120-
(b) PUBLIC MEETINGS AND RELEASE OF PUB- title 5, United States Code. day period referred to in paragraph (1) for
LIC VERSIONS OF REPORTS.—The Commission SEC. l11. COMPENSATION AND TRAVEL EX-
the purpose of concluding its activities, in-
shall— PENSES. cluding providing testimony to committees
(1) hold public hearings and meetings to (a) COMPENSATION.—Each member of the of Congress concerning its reports and dis-
the extent appropriate; and Commission may be compensated at not to seminating the final report.
(2) release public versions of the reports re- (g) GOVERNMENT ACCOUNTABILITY OFFICE
exceed the daily equivalent of the annual
quired under subsections (a) and (b) of sec- REPORT.—
rate of basic pay in effect for a position at
tion 13. (1) MONITORING.—The Comptroller General
level IV of the Executive Schedule under sec-
(c) PUBLIC HEARINGS.—Any public hearings of the United States shall monitor the imple-
tion 5315 of title 5, United States Code, for
of the Commission shall be conducted in a mentation of any Commission recommenda-
each day during which that member is en-
manner consistent with the protection of in- tions included in the final report.
gaged in the actual performance of the du-
formation provided to or developed for or by (2) REPORTS.—
ties of the Commission.
the Commission as required by any applica- (A) IN GENERAL.—One year after the final
(b) TRAVEL EXPENSES.—While away from
ble statute, regulation, or Executive order. Commission report is submitted under sub-
their homes or regular places of business in
SEC. l09. RECORD RETENTION.
section (b), and each year thereafter for the
the performance of services for the Commis-
following 3 years, the Comptroller General
(a) COMMISSION RECORDS.—The Commission sion, members of the Commission shall be al-
shall submit to Congress a report regarding
shall— lowed travel expenses, including per diem in
the status of the Commission recommenda-
(1) preserve the records and documents of lieu of subsistence, in the same manner as
tions that—
the Commission; and persons employed intermittently in the Gov-
(i) identifies each recommendation as open
(2) make such records and documents ernment service are allowed expenses under
or closed; and
available to the National Archives not later section 5703 of title 5, United States Code.
(ii) provides a description of actions taken
than 120 days following the submission of the SEC. l12. SECURITY CLEARANCES FOR COMMIS-
in response to each recommendation.
Commission’s final report. SION MEMBERS AND STAFF.
(B) SCOPE OF REPORTS.—Each report re-
(b) FUTURE ACCESS.—Following the termi- The appropriate Federal agencies or de- quired under subparagraph (A) shall not pro-
nation of the Commission, the Secretary of partments shall cooperate with the Commis- vide a critical assessment of the merit or
the Senate shall be responsible for facili- sion in expeditiously providing to the Com- value of any Commission recommendation
tating access to the publicly available mission members and staff appropriate secu- included in the final Commission report.
records and documents of the Commission, rity clearances to the extent possible pursu- SEC. l14. FUNDING.
as if they were Senate records, for research- ant to existing procedures and requirements,
(a) AUTHORIZATION OF APPROPRIATIONS.—
ers, interested parties, and the general pub- except that no person shall be provided with
There are authorized to be appropriated to
lic. access to classified information under this
(c) OFFICIAL ELECTRONIC ACCOUNTS FOR carry out this title $50,000,000.
title without the appropriate security clear- (b) DURATION OF AVAILABILITY.—Amounts
COMMISSION BUSINESS.—When conducting ances. made available to the Commission under
any Commission business on electronic ac- SEC. l13. REPORTS OF THE COMMISSION; TERMI- subsection (a) shall remain available until
counts, members and staff of the Commis- NATION.
the termination of the Commission.
sion shall use official Commission electronic (a) INTERIM REPORTS.—The Commission
accounts.
---
may submit to the President and Congress SA 4278. Mr. MENENDEZ (for himself
SEC. l10. STAFF OF THE COMMISSION. interim reports containing such findings, and Mrs. BLACKBURN) submitted an
(a) IN GENERAL.— conclusions, and recommendations for cor- amendment intended to be proposed to
(1) APPOINTMENT AND COMPENSATION.—The rective measures as have been agreed to by a
chair, in consultation with the vice chair majority of Commission members.
amendment SA 3867 submitted by Mr.
and in accordance with rules agreed upon by (b) FINAL REPORT.— REED and intended to be proposed to
the Commission, may appoint and fix the (1) IN GENERAL.—Not later than 18 months the bill H.R. 4350, to authorize appro-
compensation of a staff director and such after the date of appointment of all members priations for fiscal year 2022 for mili-
other personnel as may be necessary to en- of the Commission, the Commission shall tary activities of the Department of
able the Commission to carry out its func- submit to the President and the relevant Defense, for military construction, and
tions, without regard to the provisions of committees of Congress a final report con- for defense activities of the Depart-
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title 5, United States Code, governing ap- taining such findings, conclusions, and rec-
ment of Energy, to prescribe military
pointments in the competitive service, and ommendations for corrective measures and
without regard to the provisions of chapter reforms as have been agreed to by a majority personnel strengths for such fiscal
51 and subchapter III of chapter 53 of such of the members of the Commission. year, and for other purposes; which was
title relating to classification and General (2) SENSE OF CONGRESS.—It is the sense of ordered to lie on the table; as follows:
Schedule pay rates, except that no rate of Congress that the members of the Commis- At the appropriate place in title X, insert
pay fixed under this subsection may exceed sion should make the utmost effort to the following:
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7811
SEC. llll. NATIONAL MANUFACTURING EX- (f) DATABASE CONTENT.— pectation of protection from disclosure as
TENSION PARTNERSHIP SUPPLY (1) IN GENERAL.—The Database may include provided by the provisions of section
CHAIN DATABASE.
the following: ølll¿(h) of the National Defense Author-
(a) DEFINITIONS.—In this section: (A) Basic company information. ization Act for Fiscal Year 2022.’’; or
(1) CENTER.—The term ‘‘Center’’ has the (B) An overview of capabilities, accredita- (B) in the case of oral information, a writ-
meaning given such term in section 25(a) of tions, and products. ten statement similar to the statement de-
the National Institute of Standards and (C) Proprietary information. scribed in subparagraph (A) submitted with-
Technology Act (15 U.S.C. 278k(a)). (D) Such other items as the Director con- in a reasonable period following the oral
(2) DATABASE.—The term ‘‘Database’’ siders necessary. communication.
means the National Manufacturing Exten- (2) STANDARD CLASSIFICATION SYSTEM.—The (i) RULES OF CONSTRUCTION.—
sion Partnership Supply Chain Database es- Database shall use the North American In- (1) PRIVATE ENTITIES.—Nothing in this sec-
tablished under subsection (b). dustry Classification System (NAICS) Codes tion shall be construed to require any pri-
(3) DIRECTOR.—The term ‘‘Director’’ means as follows: vate entity to share data with the Director
the Director of the National Institute of (A) Sector 31-33 – Manufacturing. specifically for to the Database.
Standards and Technology. (B) Sector 54 – Professional, Scientific, and (2) PROHIBITION ON NEW REGULATORY AU-
(4) INSTITUTE.—The term ‘‘Institute’’ Technical Services. THORITY.—Nothing in this section shall be
means the National Institute of Standards (C) Sector 48-49 – Transportation and construed to grant the Director, or the head
and Technology. Warehousing. of any other Federal agency, with any au-
(b) ESTABLISHMENT OF DATABASE.— (3) LEVELS.—The Database shall be multi- thority to promulgate regulations or set
(1) IN GENERAL.—Subject to the avail- leveled as follows: standards on manufacturers, based on data
ability of appropriations, the Director shall (A) Level 1 shall have basic company infor- within the Database, that was not in effect
establish a database to assist the United mation and shall be available to the public. on the day before the date of enactment of
States in minimizing disruptions in the sup- (B) Level 2 shall have a deeper, nonpropri- this section.
ply chain by providing a resource for manu- etary overview into capabilities, products, (j) AUTHORIZATION OF APPROPRIATIONS.—
facturers in the United States to gain infor- and accreditations and shall be available to There are authorized to be appropriated—
mation on product availability on a real all companies that contribute to the Data- (1) $31,000,000 for fiscal year 2022 to develop
time basis. base and agree to terms of mutual disclo- and launch the Database; and
(2) DESIGNATION.—The database established (2) $26,000,000 for each of fiscal years 2023
sure.
under paragraph (1) shall be known as the through 2026 to maintain, update, and sup-
(C) Level 3 shall hold proprietary informa-
‘‘National Manufacturing Extension Partner- port Federal coordination of the State sup-
tion.
ship Supply Chain Database’’. ply chain databases maintained by the Cen-
(c) CONSIDERATIONS.—In establishing the (4) MATTERS RELATING TO DISCLOSURE AND
ACCESS.— ters.
Database, the Director shall consider the ---
findings and recommendations from the (A) FOIA EXEMPTION.—The Database, and
any information contained therein that is SA 4279. Mr. MENENDEZ submitted
study required under section 9413 of the Wil- an amendment intended to be proposed
liam M. (Mac) Thornberry National Defense not publicly released by the Institute, shall
Authorization Act for Fiscal Year 2021 (Pub- be exempt from public disclosure under sec- to amendment SA 3867 submitted by
lic Law 116–283), including measures to se- tion 552(b)(3) of title 5, United States Code. Mr. REED and intended to be proposed
cure and protect the Database from adver- (B) LIMITATION ON ACCESS TO CONTENT.—Ac- to the bill H.R. 4350, to authorize ap-
sarial attacks and vulnerabilities. cess to a contributing company’s nonpublic propriations for fiscal year 2022 for
(d) CONNECTIONS WITH HOLLINGS MANUFAC- content in the Database shall be limited to military activities of the Department
TURING EXTENSION PARTNERSHIPS CENTERS.— the contributing company, the Institute, and of Defense, for military construction,
(1) IN GENERAL.—The Director shall create staff from a Center who sign such nondisclo- and for defense activities of the De-
the infrastructure for the Database through sure agreement as the Director considers ap-
partment of Energy, to prescribe mili-
the Hollings Manufacturing Extension Part- propriate.
nership, established under section 25 of the (C) AGGREGATED INFORMATION.—The Direc- tary personnel strengths for such fiscal
National Institute of Standards and Tech- tor may make aggregated, de-identified in- year, and for other purposes; which was
nology Act (15 U.S.C. 278k), by connecting in- formation available to contributing compa- ordered to lie on the table; as follows:
formation from the Centers through the nies, Centers, or the public, as the Director At the appropriate place, insert the fol-
Database. considers appropriate, in support of the pur- lowing:
(2) NATIONAL VIEW.—The Director shall en- poses of this section. TITLE lllll—VIEQUES RECOVERY AND REDE-
sure that connections under paragraph (1)— (g) COORDINATION WITH NATIONAL TECH- VELOPMENT
NOLOGY AND INDUSTRIAL BASE.—The Director, SEC. lll01. SHORT TITLE.
(A) provide a national overview of the net-
works of supply chains of the United States; acting through the Hollings Manufacturing This title may be cited as the ‘‘Vieques Re-
and Extension Partnership program, may work covery and Redevelopment Act’’.
(B) support understanding of whether there with the National Defense Technology and SEC. lll02. FINDINGS.
is a need for some manufacturers to retool in Industrial Base Council established by sec- The Congress finds the following:
some critical areas to meet the urgent need tion 2502(a) of title 10, United States Code, as (1) Vieques is an island municipality of
for key products, such as defense supplies, the Director considers appropriate, to in- Puerto Rico, measuring approximately 21
food, and medical devices, including personal clude in the Database information regarding miles long by 4 miles wide, and located ap-
protective equipment. the defense manufacturing supply chain. proximately 8 miles east of the main island
(3) INDIVIDUAL HOLLINGS MANUFACTURING (h) PROTECTIONS.— of Puerto Rico.
EXTENSION PARTNERSHIP CENTER DATA- (1) IN GENERAL.—Supply chain information (2) Prior to Hurricane Maria, residents of
BASES.— that is voluntarily and lawfully submitted Vieques were served by an urgent medical
(A) IN GENERAL.—The Director shall ensure by a private entity and accompanied by an care facility, the Susana Centeno Family
that— express statement described in paragraph Health Center, and residents had to travel
(i) each Center is connected to the Data- (2)— off-island to obtain medical services, includ-
base; and (A) shall be exempt from disclosure under ing most types of emergency care because
(ii) each supply chain database maintained section 552(b)(3) of title 5, United States the facility did not have the basic use of x-
by a Center is interoperable with the Data- Code; ray machines, CT machines, EKG machines,
base. (B) shall not be made available pursuant to ultrasounds, or PET scans.
(B) RULE OF CONSTRUCTION.—Nothing in any Federal, State, local, or Tribal authority (3) The predominant means of transporting
this section shall be construed to require a pursuant to any Federal, State, local, or passengers and goods between Vieques and
State or territory of the United States to es- Tribal law requiring public disclosure of in- the main island of Puerto Rico is by ferry
tablish a new supply chain database through formation or records; and boat service, and over the years, the effi-
the Hollings Manufacturing Extension Part- (C) shall not, without the written consent ciency of this service has frequently been
nership program. of the person or entity submitting such in- disrupted, unreliable, and difficult for cancer
(e) MAINTENANCE OF NATIONAL SUPPLY formation, be used directly by the Director, patients to endure to receive treatment.
CHAIN DATABASE.—The Director, acting or any other Federal, State, or local author- Each trip to Ceiba, Puerto Rico, for the can-
through the Hollings Manufacturing Exten- ity in any civil enforcement action brought cer patient is an additional out-of-pocket ex-
sion Partnership program or a designee of by a Federal, State, or local authority. pense ranging from $120 to $200.
the program— (2) EXPRESS STATEMENT.—The express (4) The United States Military maintained
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(1) shall maintain the Database as an inte- statement described in this paragraph, with a presence on the eastern and western por-
gration of State-level databases from the respect to information or records, is— tions of Vieques for close to 60 years, and
Center of each State or territory of the (A) in the case of written information or used parts of the island as a training range
United States; and records, a written marking on the informa- during those years, dropping over 80 million
(2) may populate the Database with infor- tion or records substantially similar to the tons of ordnance and other weaponry avail-
mation from past, current, or potential cli- following: ‘‘This information is voluntarily able to the United States military since
ents of Centers. submitted to the Federal Government in ex- World War II.
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S7812 CONGRESSIONAL RECORD — SENATE November 4, 2021
(5) The unintended, unknown, and unavoid- not later than 120 days after the date of the provide the following as compensation to the
able consequences of these exercises were to enactment of this Act against the United Municipality of Vieques:
expose Americans living on the islands to States Government for personal injury, in- (A) STAFF.—The Special Master shall pro-
the residue of that weaponry which includes cluding illness or death arising from use by vide medical staff, and other resources nec-
heavy metals and many other chemicals now the United States Government of the island essary to build and operate a level three
known to harm human health. of Vieques for military readiness; and trauma center (in this section, referred to as
(6) According to Government and inde- (3) the claimant submits to the Special ‘‘medical facility’’) with a cancer center and
pendent documentation, the island of Master written medical documentation that renal dialysis unit and its equipment. The
Vieques has high levels of heavy metals and indicates the claimant contracted a chronic, medical facility shall be able to treat life-
has been exposed to chemical weapons and life-threatening, or physical disease or ill- threatening, chronic, heavy metal, and phys-
toxic chemicals. Since the military activity ness limited to cancer, hypertension, cir- ical and mental diseases. The medical facil-
in Vieques, island residents have suffered rhosis, kidney disease, diabetes, or a heavy ity shall be able to provide basic x-ray, EKG,
from the health impacts from long-term ex- metal poisoning during or after the United
internal medicine expertise, medical coordi-
posure to environmental contamination as a States Government used the island of
nation personnel and case managers,
result of 62 years of military operations, and Vieques, Puerto Rico, for military readiness.
(b) AMOUNTS OF AWARD.— ultrasound, and resources necessary to
have experienced higher rates of certain dis-
eases among residents, including cancer, cir- (1) IN GENERAL.—A claimant who meets the screen claimants described in subsection (a)
rhosis, hypertension, diabetes, heavy metal requirements of subsection (a) shall be who are receiving treatment for the diseases
diseases, along with many unnamed and awarded compensation as follows: or illnesses described in paragraph (3) of that
uncategorized illnesses. These toxic residues (A) $50,000 for 1 disease described in sub- subsection for cancer and the other pre-
have caused the American residents of section (a)(3). vailing health problems.
Vieques to develop illnesses due to ongoing (B) $80,000 for 2 diseases described in sub- (B) OPERATIONS.—The Special Master shall
exposure. section (a)(3). fund the operations of the medical facility to
(7) In 2017, Vieques was hit by Hurricane (C) $110,000 for 3 or more diseases described provide medical care for pediatric and adult
Maria, an unusually destructive storm that in subsection (a)(3). patients who reside on the island of Vieques,
devastated Puerto Rico and intensified the (2) INCREASE IN AWARD.—In the case that an allowing the patients to be referred for ter-
existing humanitarian crisis on the island by individual receiving an award under para- tiary and quaternary health care facilities
destroying existing medical facilities. graph (1) of this subsection contracts an- when necessary, and providing the transpor-
(8) The medical systems in place prior to other disease under subsection (a)(3) and tation and medical costs when traveling off
Hurricane Maria were unable to properly files a new claim with the Special Master for the island of Vieques.
handle the health crisis that existed due to an additional award not later than 10 years (C) ADMINISTRATIVE EXPERTISE.—The Spe-
the toxic residue left on the island by the after the date of the enactment of this Act, cial Master shall ensure that the Adminis-
military’s activities. the Special Master may award the individual trator of FEMA provides all administrative
(9) After Maria, the medical facility was an amount that is equal to the difference be- and technical expertise and oversight in the
closed due to damage and continues to be un- tween— bidding and construction of the facility but
able to perform even the few basic services (A) the amount that the individual would the design and abilities of the hospital shall
that it did provide. Vieques needs a medical have been eligible to receive had the disease be determined by the Special Master consid-
facility that can treat and address the crit- been contracted before the individual filed ering the medical and research needs of the
ical and urgent need to get life-saving med- an initial claim under subsection (a); and residents of the island of Vieques. All costs
ical services to its residents. Due to legal re- (B) the amount received by the individual shall be part of the municipality’s compensa-
strictions, the Federal Emergency Manage- pursuant to paragraph (1). tion.
ment Agency (in this title referred to as (3) DECEASED CLAIMANTS.—In the case of an (D) INTERIM SERVICES.—Before the medical
‘‘FEMA’’) is unable to provide a hospital individual who dies before making a claim facility on the island of Vieques is oper-
where its capabilities exceed the abilities of under this section or a claimant who dies be- ational, the Special Master shall provide to
the facility that existed prior to Maria; fore receiving an award under this section, claimants described in subsection (a) who
therefore Vieques needs assistance to build a any immediate heir to the individual or are receiving treatment for the diseases or
facility to manage the vast health needs of claimant, as determined by the laws of Puer- illnesses described in paragraph (3) of that
its residents. to Rico, shall be eligible for one of the fol- subsection—
(10) Every American has benefitted from lowing awards: (i) urgent health care air transport to hos-
the sacrifices of those Americans who have (A) Compensation in accordance with para- pitals on the mainland of Puerto Rico from
lived and are living on Vieques and it is our graph (1), divided among any such heir. the island of Vieques;
intent to acknowledge that sacrifice and to (B) Compensation based on the age of the (ii) medical coordination personnel and
treat those Americans with the same respect deceased as follows: case managers;
and appreciation that other Americans (i) In the case of an individual or claimant (iii) telemedicine communication abilities;
enjoy. who dies before attaining 20 years of age, and
(11) In 2012, the residents of Vieques were $110,000, divided among any such heir. (iv) any other services that are necessary
denied the ability to address their needs in (ii) In the case of an individual or claimant to alleviate the health crisis on the island of
Court due to sovereign immunity, Sánchez v. who dies before attaining 40 years of age, Vieques.
United States, No. 3:09–cv–01260–DRD $80,000, divided among any such heir. (E) SCREENING.—The Special Master shall
(D.P.R.). However, the United States Court (iii) In the case of an individual or claim- make available, at no cost to the patient,
of Appeals for the First Circuit referred the ant who dies before attaining 60 years of age,
medical screening for cancer, cirrhosis, dia-
issue to Congress and urged it to address the $50,000, divided among any such heir.
betes, and heavy metal contamination on the
humanitarian crisis. This bill attempts to (c) APPOINTMENT OF SPECIAL MASTER.—
(1) IN GENERAL.—The Attorney General island of Vieques.
satisfy that request such that Americans liv- (F) ACADEMIC PARTNER.—The Special Mas-
ing on Vieques have a remedy for the suf- shall appoint a Special Master not later than
90 days after the date of the enactment of ter shall appoint an academic partner, with
fering they have endured. appropriate experience and an established re-
SEC. lll03. SETTLEMENT OF CLAIMS AGAINST
this Act to consider claims by individuals
and the municipality. lationship with the Municipality of Vieques,
THE UNITED STATES FOR CERTAIN that shall—
RESIDENTS OF THE ISLAND OF (2) QUALIFICATIONS.—The Attorney General
VIEQUES, PUERTO RICO. shall consider the following in choosing the (i) lead a research and outreach endeavor
(a) IN GENERAL.—An individual claimant Special Master: on behalf of the Municipality of Vieques;
who has resided on the island of Vieques, (A) The individual’s experience in the proc- (ii) select the appropriate scientific exper-
Puerto Rico, for not less than 5 years and essing of victims’ claims in relation to for- tise and administer defined studies, con-
files a claim for compensation under this eign or domestic governments. ducting testing and evaluation of the soils,
section with the Special Master, appointed (B) The individual’s balance of experience seas, plant and animal food sources, and the
pursuant to subsection (c), shall be awarded in representing the interests of the United health of residents; and
monetary compensation as described in sub- States and individual claimants. (iii) determine and implement the most ef-
section (b) if— (C) The individual’s experience in matters ficient and effective way to reduce the envi-
(1) the Special Master determines that the of national security. ronmental toxins to a level sufficient to re-
claimant is or was a resident, the child of a (D) The individual’s demonstrated abilities turn the soils, seas, food sources, and health
resident, or an immediate heir (as deter- in investigation and fact findings in complex circumstances to a level that reduces the
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mined by the laws of Puerto Rico) of a de- factual matters. diseases on the island of Vieques to the aver-
ceased claimant on the island of Vieques, (E) Any experience the individual has had age in the United States.
Puerto Rico, during or after the United advising the United States Government. (G) DUTIES.—The Special Master shall pro-
States Government used the island of (d) AWARD AMOUNTS RELATED TO CLAIMS BY vide amounts necessary for the academic
Vieques, Puerto Rico, for military readiness; THE MUNICIPALITY OF VIEQUES.— partner and medical coordinator to carry out
(2) the claimant previously filed a lawsuit (1) AWARD.—The Special Master, in ex- the duties described in subparagraphs (A)
or an administrative claim, or files a claim change for its administrative claims, shall through (D).
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7813
(H) PROCUREMENT.—The Special Master tended to be proposed to amendment (2) COLLABORATION.—In conducting activi-
shall provide amounts necessary to com- SA 3867 submitted by Mr. REED and in- ties under this subsection, the Tiger Team
pensate the Municipality of Vieques for— tended to be proposed to the bill H.R. Leader shall identify appropriate external
(i) contractual procurement obligations stakeholders with whom the Tiger Team
4350, to authorize appropriations for shall work to carry out such activities. Such
and additional expenses incurred by the mu-
nicipality as a result of the enactment of fiscal year 2022 for military activities stakeholders shall include the following:
this section and settlement of its claim; and of the Department of Defense, for mili- (A) The Secretary of Veterans Affairs.
(ii) any other damages and costs to be in- tary construction, and for defense ac- (B) The Archivist of the United States.
curred by the municipality, if the Special tivities of the Department of Energy, (C) Representatives of veterans service or-
Master determines that it is necessary to to prescribe military personnel ganizations.
carry out the purpose of this section. strengths for such fiscal year, and for (D) Such other stakeholders as the Tiger
(I) POWER SOURCE.—The Special Master other purposes; which was ordered to Team Leader considers appropriate.
shall determine the best source of producing (3) INITIAL REPORT.—Not later than 210
lie on the table; as follows: days after the date of the enactment of this
independent power on the island of Vieques
At the end of part II of subtitle B of title Act, the Secretary of Defense shall submit to
that is hurricane resilient and can effec-
V, add the following: Congress the following:
tively sustain the needs of the island and
SEC. 520B. TIGER TEAM FOR OUTREACH TO (A) A plan setting forth the following:
shall authorize such construction as an FORMER MEMBERS.
award to the Municipality of Vieques. (i) A description of the manner in which
(a) SENSE OF CONGRESS.—It is the sense of the Secretary, working through the Tiger
(2) SOURCE.—
Congress that— Team and in collaboration with external
(A) IN GENERAL.—Except as provided in
(1) the mission of the Department of De- stakeholders described in paragraph (2), shall
subparagraph (B), amounts awarded under
fense is to provide the military forces needed identify individuals who meet the criteria in
this title shall be made from amounts appro-
to deter war and to protect the security of section 527(b) of the National Defense Au-
priated under section 1304 of title 31, United
the United States; thorization Act for Fiscal Year 2020 for re-
States Code, commonly known as the ‘‘Judg-
(2) expanding outreach to veterans im- view of discharge characterization.
ment Fund’’, as if claims were adjudicated
pacted by Don’t Ask, Don’t Tell or a similar (ii) A description of the manner in which
by a United States District Court under sec-
policy prior to the enactment of Don’t Ask, the Secretary, working through the Tiger
tion 1346(b) of title 28, United States Code.
Don’t Tell is important to closing a period of Team and in collaboration with the external
(B) LIMITATION.—Total amounts awarded
history harmful to the creed of integrity, re- stakeholders, shall improve outreach to indi-
under this title shall not exceed
spect, and honor of the military; viduals who meet the criteria in section
$1,000,000,000.
(3) the Department is responsible for pro- 527(b) of the National Defense Authorization
(3) D ETERMINATION AND PAYMENT OF
viding for the review of a veteran’s military Act for Fiscal Year 2020 for review of dis-
CLAIMS.—
record before the appropriate discharge re- charge characterization, including through—
(A) ESTABLISHMENT OF FILING PROCE-
view board or, when more than 15 years has (I) obtaining contact information on such
DURES.—The Attorney General shall estab-
passed, board of correction for military or individuals; and
lish procedures whereby individuals and the
naval records; and (II) contacting such individuals on the
municipality may submit claims for pay-
(4) the Secretary of Defense should, wher- process established pursuant to section 527 of
ments under this section to the Special Mas-
ever possible, coordinate and conduct out- the National Defense Authorization Act for
ter.
reach to impacted veterans through the vet- Fiscal Year 2020 for the review of discharge
(B) DETERMINATION OF CLAIMS.—The Spe-
erans community and networks, including characterizations.
cial Master shall, in accordance with this
through the Department of Veterans Affairs (B) A description of the manner in which
subsection, determine whether each claim
and veterans service organizations, to ensure the work described in clauses (i) and (ii) of
meets the requirements of this section.
that veterans understand the review proc- subparagraph (A) will be carried out, includ-
Claims filed by residents of the island of
esses that are available to them for upgrad- ing an allocation of the work among the
Vieques that have been disposed of by a
ing military records. Tiger Team and the external stakeholders.
court under chapter 171 of title 28, United (b) ESTABLISHMENT OF TIGER TEAM.— (C) A schedule for the implementation,
States Code, shall be treated as if such (1) IN GENERAL.—Not later than 60 days carrying out, and completion of the plan re-
claims are currently filed. after the date of the enactment of this Act, quired under subparagraph (A).
(e) ACTION ON CLAIMS.—The Special Master the Secretary of Defense shall establish a (D) A description of the additional funding,
shall make a determination on any claim team (commonly known as a ‘‘tiger team’’ personnel, or other resources of the Depart-
filed under the procedures established under and referred to in this section as the ‘‘Tiger ment required to carry out the plan required
this section not later than 150 days after the Team’’) responsible for conducting outreach under subparagraph (A), including any modi-
date on which the claim is filed. to build awareness among former members of fication of applicable statutory or adminis-
(f) PAYMENT IN FULL SETTLEMENT OF the Armed Forces of the process established trative authorities.
CLAIMS BY INDIVIDUALS AND THE MUNICI- pursuant to section 527 of the National De- (4) IMPLEMENTATION OF PLAN.—
PALITY OF VIEQUES AGAINST THE UNITED (A) IN GENERAL.—The Secretary shall im-
fense Authorization Act for Fiscal Year 2020
STATES.—The acceptance by an individual or (Public Law 116–92; 10 U.S.C. 1552 note) for plement and carry out the plan submitted
the Municipality of Vieques of a payment of the review of discharge characterizations by under subparagraph (A) of paragraph (3) in
an award under this section shall— appropriate discharge boards. The Tiger accordance with the schedule submitted
(1) be final and conclusive; Team shall consist of appropriate personnel under subparagraph (C) of that paragraph.
(2) be deemed to be in full satisfaction of of the Department of Defense assigned to the (B) UPDATES.—Not less frequently than
all claims under chapter 171 of title 28, Tiger Team by the Secretary for purposes of once every 90 days after the submittal of the
United States Code; and this section. report under paragraph (3), the Tiger Team
(3) constitute a complete release by the in- (2) TIGER TEAM LEADER.—One of the persons shall submit to Congress an update on the
dividual or municipality of such claim assigned to the Tiger Team under paragraph carrying out of the plan submitted under
against the United States and against any (1) shall be a senior-level officer or employee subparagraph (A) of that paragraph.
employee of the United States acting in the of the Department who shall serve as the (5) FINAL REPORT.—Not later than 3 years
scope of employment who is involved in the lead official of the Tiger Team (in this sec- after the date of the enactment of this Act,
matter giving rise to the claim. tion referred to as the ‘‘Tiger Team Leader’’) the Tiger Team shall submit to the Commit-
(g) CERTIFICATION OF TREATMENT OF PAY- and who shall be accountable for the activi- tees on Armed Services of the Senate and the
MENTS UNDER OTHER LAWS.—Amounts paid House of Representatives a final report on
ties of the Tiger Team under this section,
to an individual under this section— (3) REPORT ON COMPOSITION.—Not later than the activities of the Tiger Team under this
(1) shall be treated for purposes of the laws 90 days after the date of the enactment of subsection. The report shall set forth the fol-
of the United States as damages for human this Act, the Secretary shall submit to Con- lowing:
suffering; and gress a report setting forth the names of the (A) The number of individuals discharged
(2) may not be included as income or re- personnel of the Department assigned to the under Don’t Ask, Don’t Tell or a similar pol-
sources for purposes of determining eligi- Tiger Team pursuant to this subsection, in- icy prior to the enactment of Don’t Ask,
bility to receive benefits described in section cluding the positions to which assigned. The Don’t Tell.
3803(c)(2)(C) of title 31, United States Code, report shall specify the name of the indi- (B) The number of individuals described in
or the amount of such benefits. vidual assigned as Tiger Team Leader. subparagraph (A) who availed themselves of
(h) LIMITATION ON CLAIMS.—A claim to (c) DUTIES.— a review of discharge characterization
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which this section applies shall be barred un- (1) IN GENERAL.—The Tiger Team shall con- (whether through discharge review or correc-
less the claim is filed within 15 years after duct outreach to build awareness among vet- tion of military records) through a process
the date of the enactment of this Act. erans of the process established pursuant to established prior to the enactment of this
--- section 527 of the National Defense Author- Act.
SA 4280. Mr. SCHATZ (for himself, ization Act for Fiscal Year 2020 for the re- (C) The number of individuals contacted
Ms. ERNST, Mr. YOUNG, and Mrs. GILLI- view of discharge characterizations by appro- through outreach conducted pursuant to this
BRAND) submitted an amendment in- priate discharge boards. section.
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S7814 CONGRESSIONAL RECORD — SENATE November 4, 2021
(D) The number of individuals described in tion with the chief of the personnel division of the Anomaly Surveillance and Resolution
subparagraph (A) who availed themselves of for the military department concerned— Office, the Secretary shall terminate the Un-
a review of discharge characterization (A) review the facts and circumstances sur- identified Aerial Phenomenon Task Force or
through the process established pursuant to rounding the estimated 100,000 members of subordinate it to the Office.
section 527 of the National Defense Author- the Armed Forces discharged from the (b) FACILITATION OF REPORTING AND DATA
ization Act for Fiscal Year 2020. Armed Forces between World War II and Sep- SHARING.—The Director and the Secretary
(E) The number of individuals described in tember 2011 because of the sexual orientation shall each, in coordination with each other,
subparagraph (D) whose review of discharge of the member, including any use of ambig- require that—
characterization resulted in a change of uous or misleading separation codes and (1) each element of the intelligence com-
characterization to honorable discharge. characterizations intended to disguise the munity and the Department, with any data
(F) The total number of individuals de- discriminatory basis of such members’ dis- that may be relevant to the investigation of
scribed in subparagraph (A), including indi- charge; and unidentified aerial phenomena, make such
viduals also covered by subparagraph (E), (B) receive oral testimony of individuals data available immediately to the Office;
whose review of discharge characterization who personally experienced discrimination and
since September 20, 2011 (the date of repeal of and discharge because of the actual or per- (2) military and civilian personnel em-
Don’t Ask, Don’t Tell), resulted in a change ceived sexual orientation of the individual so ployed by or under contract to the Depart-
of characterization to honorable discharge. that such testimony may serve as an official ment or an element of the intelligence com-
(6) TERMINATION.—On the date that is 60 record of these discriminatory policies and munity shall have access to procedures by
days after the date on which the final report their impact on American lives. which they shall report incidents or informa-
required by paragraph (5) is submitted, the (2) DEADLINE FOR COMPLETION.—Each Sec- tion, including adverse physiological effects,
Secretary shall terminate the Tiger Team. retary of a military department shall ensure involving or associated with unidentified
(d) ADDITIONAL REPORTS.— that the oral historians concerned complete aerial phenomena directly to the Office.
(1) REVIEW.—The Secretary of Defense the actions required by paragraph (1) by not (c) DUTIES.—The duties of the Office estab-
shall conduct a review of the consistency and later than two years after the date of the en- lished under subsection (a) shall include the
uniformity of the reviews conducted pursu- actment of this Act. following:
ant to section 527 of the National Defense (3) USES OF INFORMATION.—Information ob- (1) Developing procedures to synchronize
Authorization Act for Fiscal Year 2020. tained through actions under paragraph (1) and standardize the collection, reporting,
(2) REPORTS.—Not later than 270 days after shall be available to members described in and analysis of incidents, including adverse
the date of the enactment of this Act, and physiological effects, regarding unidentified
that paragraph for pursuit by such members
each year thereafter for a four-year period, aerial phenomena across the Department and
of a remedy under section 527 of the National
the Secretary shall submit to Congress a re- intelligence community.
Defense Authorization Act for Fiscal Year
port on the reviews under paragraph (1). (2) Developing processes and procedures to
2020 in accordance with regulations pre-
Such reports shall include any comments or ensure that such incidents from each compo-
scribed for such purpose by the Secretary of
recommendations for continued actions. nent of the Department and each element of
(e) RELIEF FOR IMPACTED FORMER MEM- the military department concerned.
(g) DON’T ASK, DON’T TELL DEFINED.—In the intelligence community are reported and
BERS.— incorporated in a centralized repository.
this section, the term ‘‘Don’t Ask, Don’t
(1) REVIEW OF DISCHARGE.— (3) Establishing procedures to require the
Tell’’ means section 654 of title 10, United
(A) IN GENERAL.—The Secretary of Defense timely and consistent reporting of such inci-
States Code, as in effect before such section
shall review and update existing guidance to dents.
was repealed pursuant to the Don’t Ask,
ensure that the appropriate discharge board (4) Evaluating links between unidentified
Don’t Tell Repeal Act of 2010 (Public Law
for the military departments concerned shall aerial phenomena and adversarial foreign
111–321).
review a discharge characterization of the --- governments, other foreign governments, or
covered member as required under section SA 4281. Mrs. GILLIBRAND sub- nonstate actors.
527 of the National Defense Authorization (5) Evaluating the threat that such inci-
mitted an amendment intended to be
Act for Fiscal Year 2020 at the request of a dents present to the United States.
covered member, or their representative, proposed to amendment SA 3867 sub-
(6) Coordinating with other departments
notwithstanding any requirements to pro- mitted by Mr. REED and intended to be
and agencies of the Federal Government, as
vide documentation necessary to initiate a proposed to the bill H.R. 4350, to au- appropriate, including the Federal Aviation
review of a discharge characterization. thorize appropriations for fiscal year Administration, the National Aeronautics
(B) EXCEPTION.—The appropriate discharge 2022 for military activities of the De- and Space Administration, the Department
board for the military departments con- partment of Defense, for military con- of Homeland Security, the National Oceanic
cerned shall not be required to initiate a re- struction, and for defense activities of and Atmospheric Administration, and the
quest for a review of a discharge as described Department of Energy.
the Department of Energy, to prescribe
in subparagraph (A) if there is evidence (7) Coordinating with allies and partners of
available to the discharge board that is unre- military personnel strengths for such
the United States, as appropriate, to better
lated to the material request of the covered fiscal year, and for other purposes;
assess the nature and extent of unidentified
member or their representative but that which was ordered to lie on the table; aerial phenomena.
would have reasonably substantiated the as follows: (8) Preparing reports for Congress, in both
military department’s discharge decision. At the appropriate place in title XV, insert classified and unclassified form, as required
(2) VETERANS BENEFITS.— the following: by subsections (h) and (i).
(A) EFFECTIVE DATE OF CHANGE OF CHARAC- SEC. lll. ESTABLISHMENT OF STRUCTURE (d) EMPLOYMENT OF LINE ORGANIZATIONS
TERIZATION FOR VETERANS BENEFITS.—For AND AUTHORITIES TO ADDRESS UN- FOR FIELD INVESTIGATIONS OF UNIDENTIFIED
purposes of the provision of benefits to which IDENTIFIED AERIAL PHENOMENA. AERIAL PHENOMENA.—
veterans are entitled under the laws admin- (a) ESTABLISHMENT OF ANOMALY SURVEIL- (1) IN GENERAL.—The Director and the Sec-
istered by the Secretary of Veterans Affairs LANCE AND RESOLUTION OFFICE.— retary shall each, in coordination with each
to a covered member whose discharge char- (1) IN GENERAL.—Not later than 180 days other, designate line organizations within
acterization is changed pursuant to section after the date of the enactment of this Act, the Department of Defense and the intel-
527 of the National Defense Authorization the Secretary of Defense shall, in coordina- ligence community that possess appropriate
Act for Fiscal Year 2020 (Public Law 116–92; tion with the Director of National Intel- expertise, authorities, accesses, data, sys-
10 U.S.C. 1552 note), the date of discharge of ligence, establish an office within an appro- tems, platforms, and capabilities to rapidly
the member from the Armed Forces shall be priate component of the Department of De- respond to, and conduct field investigations
deemed to be the effective date of the change fense, or within a joint organization of the of, incidents involving unidentified aerial
of discharge characterization under that sec- Department of Defense and the Office of the phenomena under the direction of the Office.
tion. Director of National Intelligence, to as- (2) PERSONNEL, EQUIPMENT, AND RE-
(B) RULE OF CONSTRUCTION.—Nothing in sume— SOURCES.—The Director and the Secretary
this paragraph shall be construed to author- (A) the duties of the Unidentified Aerial shall take such actions as may be necessary
ize any benefit to a covered member in con- Phenomenon Task Force, as in effect on the to ensure that the designated organization
nection with the change of discharge charac- day before the date of the enactment of this or organizations have available adequate
terization of the member under section 527 of Act; and personnel with requisite expertise, equip-
the National Defense Authorization Act for (B) such other duties as are required by ment, transportation, and other resources
Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. this section. necessary to respond rapidly to incidents or
ctelli on DSK11ZRN23PROD with SENATE
1552 note) for any period before the effective (2) DESIGNATION.—The office established patterns of observations of unidentified aer-
date of the change of discharge characteriza- under paragraph (1) shall be known as the ial phenomena of which the Office becomes
tion. ‘‘Anomaly Surveillance and Resolution Of- aware.
(f) HISTORICAL REVIEWS.— fice’’ (in this section referred to as the ‘‘Of- (e) UTILIZATION OF LINE ORGANIZATIONS FOR
(1) IN GENERAL.—The Secretary of each fice’’). SCIENTIFIC, TECHNOLOGICAL, AND OPER-
military department shall ensure that oral (3) TERMINATION OR SUBORDINATION OF ATIONAL ANALYSES OF DATA ON UNIDENTIFIED
historians of the department, in coordina- PRIOR TASK FORCE.—Upon the establishment AERIAL PHENOMENA.—
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7815
(1) IN GENERAL.—The Director and the Sec- (A) An analysis of data and intelligence re- Office after June 24, 2021, regardless of the
retary shall each, in coordination with each ceived through reports of unidentified aerial date of occurrence of the incident.
other, designate one or more line organiza- phenomena. (3) SUBSEQUENT BRIEFINGS.—Each briefing
tions that will be primarily responsible for (B) An analysis of data relating to uniden- provided subsequent to the first briefing de-
scientific, technical, and operational anal- tified aerial phenomena collected through— scribed in paragraph (2) shall include, at a
ysis of data gathered by field investigations (i) geospatial intelligence minimum, all events relating to unidentified
conducted under subsection (d), or data from (ii) signals intelligence; aerial phenomena that occurred during the
other sources, including testing of materials, (iii) human intelligence; and previous 180 days, and events relating to un-
medical studies, and development of theo- (iv) measurement and signals intelligence. identified aerial phenomena that were not
retical models to better understand and ex- (C) The number of reported incidents of un- included in an earlier briefing due to delay
plain unidentified aerial phenomena. identified aerial phenomena over restricted in an incident reaching the reporting system
(2) AUTHORITY.—The Director and the Sec- air space of the United States. or other such factors.
retary shall promulgate such directives as (D) An analysis of such incidents identified (4) INSTANCES IN WHICH DATA WAS NOT
necessary to ensure that the designated line under subparagraph (C). SHARED.—For each briefing period, the Chair-
organizations have authority to draw on spe- (E) Identification of potential aerospace or man and Vice Chairman or Ranking Member
cial expertise of persons outside the Federal other threats posed by unidentified aerial of the Committee on Armed Services and the
Government with appropriate security clear- phenomena to the national security of the Select Committee on Intelligence of the Sen-
ances. United States. ate and the Committee on Armed Services
(f) INTELLIGENCE COLLECTION AND ANALYSIS (F) An assessment of any activity regard- and the Permanent Select Committee on In-
PLAN.— ing unidentified aerial phenomena that can telligence of the House of Representatives
(1) IN GENERAL.—The head of the Office be attributed to one or more adversarial for- shall receive an enumeration of any in-
shall supervise the development and execu- eign governments. stances in which data related to unidentified
tion of an intelligence collection and anal- (G) Identification of any incidents or pat- aerial phenomena was denied to the Office
ysis plan on behalf of the Secretary and the terns regarding unidentified aerial phe- because of classification restrictions on that
Director to gain as much knowledge as pos- nomena that indicate a potential adversarial data or for any other reason.
sible regarding the technical and operational foreign government may have achieved a (l) AERIAL AND TRANSMEDIUM PHENOMENA
characteristics, origins, and intentions of breakthrough aerospace capability. ADVISORY COMMITTEE.—
unidentified aerial phenomena, including the (H) An update on the coordination by the (1) ESTABLISHMENT.—(A) Not later than Oc-
development, acquisition, deployment, and United States with allies and partners on ef- tober 1, 2022, the Secretary and the Director
operation of technical collection capabilities forts to track, understand, and address un- shall establish an advisory committee for
necessary to detect, identify, and scientif- identified aerial phenomena. the purpose of—
ically characterize unidentified aerial phe- (I) An update on any efforts to capture or (i) advising the Office in the execution of
nomena. exploit discovered unidentified aerial phe- the duties of the Office as provided by this
(2) USE OF RESOURCES AND CAPABILITIES.—In nomena. subsection; and
developing the plan required by paragraph (J) An assessment of any health-related ef- (ii) advising the Director regarding the
(1), the head of the Office shall consider and fects for individuals who have encountered gathering and analysis of data, and scientific
propose, as appropriate, the use of any re- unidentified aerial phenomena. research and development pertaining to un-
(K) The number of reported incidents, and identified aerial phenomena.
source, capability, asset, or process of the
descriptions thereof, of unidentified aerial (B) The advisory committee established
Department and the intelligence commu-
phenomena associated with military nuclear under subparagraph (A) shall be known as
nity.
(g) SCIENCE PLAN.—The head of the Office assets, including strategic nuclear weapons the ‘‘Aerial and Transmedium Phenomena
shall supervise the development and execu- and nuclear-powered ships and submarines. Advisory Committee’’ (in this subparagraph
tion of a science plan on behalf of the Sec- (L) In consultation with the Administrator the ‘‘Committee’’).
retary and the Director to develop and test, of the National Nuclear Security Adminis- (2) MEMBERSHIP.—(A) Subject to subpara-
as practicable, scientific theories to account tration, the number of reported incidents, graph (B), the Committee shall be composed
for characteristics and performance of un- and descriptions thereof, of unidentified aer- of the following:
identified aerial phenomena that exceed the ial phenomena associated with facilities or (i) 20 members as follows:
known state of the art in science or tech- assets associated with the production, trans- (I) Three persons appointed by the Admin-
nology, including in the areas of propulsion, portation, or storage of nuclear weapons or istrator of the National Astronautics and
aerodynamic control, signatures, structures, components thereof. Space Administration.
materials, sensors, countermeasures, weap- (M) In consultation with the Chairman of (II) Two persons appointed by the Adminis-
ons, electronics, and power generation, and the Nuclear Regulatory Commission, the trator of the Federal Aviation Administra-
to provide the foundation for potential fu- number of reported incidents, and descrip- tion.
ture investments to replicate any such ad- tions thereof, of unidentified aerial phe- (III) Two persons appointed by the Presi-
vanced characteristics and performance. nomena or drones of unknown origin associ- dent of the National Academies of Sciences.
(h) ASSIGNMENT OF PRIORITY.—The Direc- ated with nuclear power generating stations, (IV) Two persons appointed by the Presi-
tor, in consultation with the Secretary, shall nuclear fuel storage sites, or other sites or dent of the National Academy of Engineer-
assign an appropriate level of priority within facilities regulated by the Nuclear Regu- ing.
the National Intelligence Priorities Frame- latory Commission. (V) One person appointed by the President
work to the requirement to understand, (N) The names of the line organizations of the National Academy of Medicine.
characterize, and respond to unidentified that have been designated to perform the (VI) Three persons appointed by the Direc-
aerial phenomena. specific functions imposed by subsections (d) tor of the Galileo Project at Harvard Univer-
(i) USE OF AUTHORIZED AND APPROPRIATED and (e) of this section, and the specific func- sity.
FUNDS.—The obtaining and analysis of data tions for which each such line organization (VII) Two persons appointed by the Board
relating to unidentified aerial phenomena is has been assigned primary responsibility. of Directors of the Scientific Coalition for
a legitimate use of funds authorized and ap- (3) FORM.— Each report submitted under Unidentified Aerospace Phenomena Studies.
propriated to Department and elements of paragraph (1) shall be submitted in unclassi- (VIII) Two persons appointed by the Presi-
the intelligence community for— fied form, but may include a classified dent of the American Institute of Astronau-
(1) general intelligence gathering and in- annex. tics and Aeronautics.
telligence analysis; (k) SEMIANNUAL BRIEFINGS.— (IX) Two persons appointed by the Director
(2) strategic defense, space defense, defense (1) IN GENERAL.—Not later than 90 days of the Optical Technology Center at Mon-
of controlled air space, defense of ground, after the date of the enactment of this Act tana State University.
air, or naval assets, and related purposes; and not less frequently than semiannually (X) One person appointed by the president
and thereafter until December 31, 2026, the head of the American Society for Photo-
(3) any additional existing funding sources of the Office shall provide the classified grammetry and Remote Sensing.
as may be so designated by the Secretary or briefings on unidentified aerial phenomena (ii) Up to five additional members, as the
the Director. to— Secretary and the Director jointly consider
(j) ANNUAL REPORT.— (A) the Committee on Armed Services and appropriate, selected from among individuals
(1) REQUIREMENT.—Not later than October the Select Committee on Intelligence of the with requisite expertise, at least 3 of whom
31, 2022, and annually thereafter until Octo- Senate; and shall not be employees of any Federal Gov-
ber 31, 2026, the Director, in consultation (B) the Committee on Armed Services and ernment agency or Federal Government con-
ctelli on DSK11ZRN23PROD with SENATE
with the Secretary, shall submit to the ap- the Permanent Select Committee on Intel- tractor.
propriate committees of Congress a report on ligence of the House of Representatives. (B) No individual may be appointed to the
unidentified aerial phenomena. (2) FIRST BRIEFING.—The first briefing pro- Committee under subparagraph (A) unless
(2) ELEMENTS.—Each report under para- vided under paragraph (1) shall include all the Secretary and the Directly jointly deter-
graph (1) shall include, with respect to the incidents involving unidentified aerial phe- mine that the individual—
year covered by the report, the following in- nomena that were reported to the Unidenti- (i) qualifies for a security clearance at the
formation: fied Aerial Phenomena Task Force or to the secret level or higher;
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S7816 CONGRESSIONAL RECORD — SENATE November 4, 2021
(ii) possesses scientific, medical, or tech- (3) The term ‘‘transmedium objects or de- (5) The Government of Cuba realized prof-
nical expertise pertinent to some aspect of vices’’ means objects or devices that are ob- its in excess of $6,300,000,000 during 2018 from
the investigation and analysis of unidenti- served to transition between space and the exporting the services of Cuban profes-
fied aerial phenomena; and atmosphere, or between the atmosphere and sionals, of which foreign medical missions
(iii) has previously conducted research or bodies of water, that are not immediately represent the majority of the services and in-
writing that demonstrates scientific, techno- identifiable. come.
logical, or operational knowledge regarding (4) The term ‘‘unidentified aerial phe- (6) The term ‘‘severe forms of trafficking in
aspects of the subject matter, including pro- nomena’’ means— persons’’ is defined under section 103(11)(B) of
pulsion, aerodynamic control, signatures, (A) airborne objects that are not imme- the Trafficking Victims Protection Act of
structures, materials, sensors, counter- diately identifiable; 2000 (22 U.S.C. 7102(11)(B)) as ‘‘the recruit-
measures, weapons, electronics, power gen- (B) transmedium objects or devices; and ment, harboring, transportation, provision,
eration, field investigations, forensic exam- (C) submerged objects or devices that are or obtaining of a person for labor or services,
ination of particular cases, analysis of open not immediately identifiable and that dis- through the use of force, fraud, or coercion
source and classified information regarding play behavior or performance characteristics for the purpose of subjection to involuntary
domestic and foreign research and com- suggesting that they may be related to the servitude, peonage, debt bondage, or slav-
mentary, and historical information per- subjects described in subparagraph (A) or ery’’.
taining to unidentified aerial phenomena. (B). (c) SENSE OF CONGRESS.—It is the sense of
(C) The Secretary and Director may termi- Congress that—
nate the membership of any individual on SA 4282. Mr. MENENDEZ submitted (1) the Government of Cuba subjects Cuban
the Committee upon a finding by the Sec- an amendment intended to be proposed doctors and other medical professionals to
retary and the Director jointly that the to amendment SA 3867 submitted by state-sponsored human trafficking; and
member no longer meets the criteria speci- Mr. REED and intended to be proposed (2) the Government of Cuba should imme-
fied in this subsection. to the bill H.R. 4350, to authorize ap- diately and transparently respond to re-
(3) CHAIRPERSON.—The Secretary and Di- propriations for fiscal year 2022 for quests for information from the United Na-
rector shall jointly designate a temporary military activities of the Department tions Special Rapporteur on contemporary
Chairperson of the Committee, but at the forms of slavery and the United Nations Spe-
of Defense, for military construction,
earliest practicable date the Committee cial Rapporteur on trafficking in persons, es-
and for defense activities of the De- pecially women and children.
shall elect a Chairperson from among its
members, who will serve a term of 2 years,
partment of Energy, to prescribe mili- (d) ANNUAL REPORT.—Not later than 180
and is eligible for re-election. tary personnel strengths for such fiscal days after the date of the enactment of this
(4) EXPERT ASSISTANCE, ADVICE, AND REC- year, and for other purposes; which was Act and annually thereafter until the date
OMMENDATIONS.—(A) The Committee may, ordered to lie on the table; as follows: specified in subsection (f), the Secretary of
upon invitation of the head of the Office, At the end of subtitle F of title X, add the State shall submit a report to the Com-
provide expert assistance or advice to any following: mittee on Foreign Relations of the Senate
line organization designated to carry out SEC. 1054. COMBATING TRAFFICKING OF CUBAN and the Committee on Foreign Affairs of the
field investigations or data analysis as au- DOCTORS. House of Representatives that—
thorized by subsections (d) and (e). (a) SHORT TITLE.—This section may be (1) identifies the countries that are hosting
(B) The Committee, on its own initiative, cited as the ‘‘Combating Trafficking of Cuban medical personnel who are partici-
or at the request of the Director, the Sec- Cuban Doctors Act of 2021’’. pating in foreign medical missions for the
retary, or the head of the Office, may provide (b) FINDINGS.—Congress makes the fol- Government of Cuba;
advice and recommendations regarding best lowing findings: (2) to the extent feasible, includes an esti-
practices with respect to the gathering and (1) The Department of State’s 2020 Traf- mate of—
analysis of data on unidentified aerial phe- ficking in Persons report ranked Cuba in (A) the number of Cuban medical personnel
nomena in general, or commentary regarding Tier 3 and included evidence regarding in each country; and
specific incidents, cases, or classes of uniden- Cuba’s foreign medical missions and the Gov- (B) the value of the financial arrangement
tified aerial phenomena. ernment of Cuba’s longstanding failure to between the Government of Cuba and the
(5) REPORT.—Not later than December 31, criminalize most forms of forced labor, spe- host country government;
2022, and not later than December 31 of each cifically noting allegations that Cuban au- (3) describes the conditions in each country
year thereafter, the Committee shall submit thorities coerced participants to remain in under which Cuban medical personnel live
a report summarizing its activities and rec- foreign medical missions by— and work; and
ommendations to the following: (A) ‘‘withholding their passports and med- (4) describes the role of any international
(A) The Director. ical credentials’’; organization in each country hosting Cuban
(B) The Secretary. (B) ‘‘using ‘minders’ to conduct surveil- medical personnel.
lance of participants outside of work’’; (e) DETERMINATION ON HUMAN TRAF-
(C) The head of the Office.
(C) ‘‘restricting their movement’’; FICKING.—In each report submitted pursuant
(D) The Committee on Armed Services and
(D) ‘‘retaliat[ing] against their family to subsection (d), the Secretary of State
the Select Committee on Intelligence of the
members in Cuba if participants leave the shall determine whether—
Senate.
program’’; or (1) the Cuban medical personnel in each
(E) The Committee on Armed Services and
(E) ‘‘impos[ing] criminal penalties, exile, country identified in the report are subjected
the Permanent Select Committee on Intel-
and family separation if participants do not to conditions that qualify as severe forms of
ligence of the House of Representatives.
return to Cuba as directed by government trafficking in persons (as defined in section
(6) RELATION TO FACA.—For purposes of the
supervisors’’. 103(11) of the Trafficking Victims Protection
Federal Advisory Committee Act (5 U.S.C.
(2) Since the outbreak of the COVID–19 Act of 2000 (22 U.S.C. 7102(11))); and
App.), the Committee shall be considered an pandemic in early 2020, the Government of
advisory committee (as defined in section 3 (2) Cuba’s foreign medical missions pro-
Cuba has deployed approximately 1,500 med- gram constitutes proof of failure to make
of such Act, except as otherwise provided in ical personnel to at least 20 countries.
the section or as jointly deemed warranted significant efforts to bring the Government
(3) The United Nations Special Rapporteur of Cuba into compliance with the minimum
by the Secretary and the Director under sec- on contemporary forms of slavery and the
tion 4(b)(3) of such Act. standards for the elimination of trafficking
United Nations Special Rapporteur on traf- in persons (as determined under section 108
(7) TERMINATION OF COMMITTEE.—The Com- ficking in persons, especially women and
mittee shall terminate on the date that is of the Trafficking Victims Protection Act of
children, in their letter to the Government 2000 (22 U.S.C. 7106)).
six years after the date of the establishment of Cuba on November 6, 2019—
of the Committee. (f) SUNSET.—The Secretary of State is not
(A) noted reports of coercive labor prac- required to submit the report otherwise re-
(m) DEFINITIONS.—In this section: tices through the Government of Cuba’s for- quired under subsection (d) after the date on
(1) The term ‘‘appropriate committees of eign medical missions; which the Secretary submits a second con-
Congress’’ means— (B) highlighted reports by Cuban medical secutive annual report under such paragraph
(A) the Committee on Armed Services, the professionals that they received regular that includes a determination under sub-
Select Committee on Intelligence, and the threats from Cuban officials while working section (e) that Cuban medical personnel are
Committee on Foreign Relations of the Sen- overseas, including sexual harassment of no longer subjected to trafficking in persons.
ate; and women; and
(B) the Committee on Armed Services, the (C) expressed concern that the practices re- SA 4283. Mr. MENENDEZ submitted
ctelli on DSK11ZRN23PROD with SENATE
Permanent Select Committee on Intel- ferred to in subparagraphs (A) and (B) con- an amendment intended to be proposed
ligence, and the Committee on Foreign Af- stitute slavery and trafficking in persons.
to amendment SA 3867 submitted by
fairs of the House of Representatives. (4) In 2019, the Government of Cuba main-
(2) The term ‘‘intelligence community’’ tained an estimated 34,000 to 50,000 medical Mr. REED and intended to be proposed
has the meaning given such term in section personnel in more than 60 countries under to the bill H.R. 4350, to authorize ap-
3 of the National Security Act of 1947 (50 conditions that represent forced labor, ac- propriations for fiscal year 2022 for
U.S.C. 3003). cording to the Department of State. military activities of the Department
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7817
of Defense, for military construction, National Intelligence jointly determine ap- At the end of title XII, add the following:
and for defense activities of the De- propriate.’’; Subtitle H—Protecting Taiwan From
partment of Energy, to prescribe mili- (3) by redesignating subsections (c) Invasion
through (e) as subsections (d) through (f), re- SECTION 1291. SHORT TITLE.
tary personnel strengths for such fiscal spectively;
year, and for other purposes; which was This subtitle may be cited as the ‘‘Taiwan
(4) by inserting after subsection (b) the fol- Invasion Prevention Act’’.
ordered to lie on the table; as follows: lowing:
‘‘(c) LEADERSHIP.—The Steering Com- CHAPTER 1—AUTHORIZATION FOR USE
At the end of subtitle F of title XII, add
mittee shall be chaired by the Deputy Sec- OF UNITED STATES ARMED FORCES
the following:
retary of Defense, the Vice Chairman of the SEC. 1292. FINDINGS; SENSE OF CONGRESS.
SEC. 1264. REPORT ON AND DETERMINATION
WITH RESPECT TO EXPORTS BY THE Joint Chiefs of Staff, and the Principal Dep- (a) FINDINGS.—Congress finds the fol-
REPUBLIC OF TURKEY OF UN- uty Director of National Intelligence joint- lowing:
MANNED AERIAL VEHICLES. ly.’’; (1) Taiwan is a free and prosperous democ-
(a) IN GENERAL.—Not later than 180 days (5) in subsection (d), as redesignated by racy of nearly 24,000,000 people and is an im-
after the date of the enactment of this Act, paragraph (3)— portant contributor to peace and stability
the Secretary of State, in coordination with (A) in paragraph (1)— around the world.
the Secretary of Defense, shall submit to the (i) by striking ‘‘a strategy’’ and inserting (2) Section 2(b) of the Taiwan Relations
appropriate committees of Congress the fol- ‘‘strategies’’; Act (Public Law 96–8; 22 U.S.C. 3301(b)) states
lowing: (ii) by inserting ‘‘and intelligence commu- that it is the policy of the United States—
(1) A report on exports by the Republic of nity’’ after ‘‘United States military’’; and (A) ‘‘to preserve and promote extensive,
Turkey of unmanned aerial vehicles, includ- (iii) by inserting ‘‘and National Intel- close, and friendly commercial, cultural, and
ing the Bayraktar TB2, that includes— ligence Strategy, and consistent with the other relations between the people of the
(A) an identification of the destinations National Security Strategy’’ after ‘‘National United States and the people on Taiwan, as
and quantity of such exports since 2018; Defense Strategy’’; well as the people on the China mainland and
(B) a description of any pending sale of un- (B) inserting in paragraph (3)— all other peoples of the Western Pacific
manned aerial vehicles by the Republic of (i) in the matter before subparagraph (A), area’’;
Turkey; and by inserting ‘‘and the Director of National (B) ‘‘to declare that peace and stability in
(C) an assessment of whether Turkish un- Intelligence’’ after ‘‘the Secretary of De- the area are in the political, security, and
manned aerial vehicles contain parts or fense’’; economic interests of the United States, and
technology manufactured by United States (ii) in subparagraph (A), by striking ‘‘strat- are matters of international concern’’;
entities or affiliates. egy’’ and inserting ‘‘strategies’’; (C) ‘‘to make clear that the United States
(2) A determination with respect to wheth- (iii) in subparagraph (D), by striking ‘‘; decision to establish diplomatic relations
er exports of unmanned aerial vehicles by and’’ and inserting a semicolon; with the People’s Republic of China rests
the Republic of Turkey constitute a viola- (iv) by redesignating subparagraph (E) as upon the expectation that the future of Tai-
tion of— subparagraph (F); and wan will be determined by peaceful means’’;
(A) the Arms Export Control Act (22 U.S.C. (v) by inserting after subparagraph (D) the (D) ‘‘to consider any effort to determine
2751 et seq.); following: the future of Taiwan by other than peaceful
(B) any other applicable law; or ‘‘(E) any changes to the guidance for devel- means, including by boycotts or embargoes,
(C) United States sanctions policy. oping the National Intelligence Program a threat to the peace and security of the
(b) APPROPRIATE COMMITTEES OF CONGRESS budget required by section 102A(c)(1)(A) of Western Pacific area and of grave concern to
DEFINED.—In this section, the term ‘‘appro- the National Security Act of 1947 (50 U.S.C. the United States’’;
priate committees of Congress’’ means— 3024(c)(1)(A)), that may be required to imple- (E) ‘‘to provide Taiwan with arms of a de-
(1) the Committee on Foreign Relations ment the strategies under paragraph (1); fensive character’’; and
and the Committee on Armed Services of the and’’; and (F) ‘‘to maintain the capacity of the
Senate; and (vi) in subparagraph (F), as redesignated by United States to resist any resort to force or
(2) the Committee on Foreign Affairs and clause (iv), by inserting ‘‘and the intel- other forms of coercion that would jeop-
the Committee on Armed Services of the ligence community’’ after ‘‘Department of ardize the security, or the social or economic
House of Representatives. Defense’’; and system, of the people on Taiwan’’.
(C) in paragraph (4), by inserting ‘‘and Di- (3) Since the election of President Tsai
SA 4284. Mr. SASSE (for himself, Mr. rector of National Intelligence, jointly’’ Ing-wen as President of Taiwan in 2016, the
after ‘‘Secretary of Defense’’; Government of the People’s Republic of
WARNER, and Mr. RUBIO) submitted an (6) by amending subsection (e), as redesig-
amendment intended to be proposed to China has intensified its efforts to pressure
nated by paragraph (3), to read as follows: Taiwan through diplomatic isolation and
amendment SA 3867 submitted by Mr. ‘‘(e) DEFINITIONS.—In this section:
military provocations.
REED and intended to be proposed to ‘‘(1) The term ‘emerging technology’ means
(4) The rapid modernization of the People’s
the bill H.R. 4350, to authorize appro- technology determined to be in an emerging
Liberation Army and recent military maneu-
priations for fiscal year 2022 for mili- phase of development by the Secretary, in-
vers in and around the Taiwan Strait illus-
tary activities of the Department of cluding quantum information science and
trate a clear threat to Taiwan’s security.
technology, data analytics, artificial intel- (b) SENSE OF CONGRESS.—It is the sense of
Defense, for military construction, and ligence, autonomous technology, advanced
for defense activities of the Depart- Congress that—
materials, software, high performance com- (1) both the United States and Taiwan have
ment of Energy, to prescribe military puting, robotics, directed energy, made significant strides since 1979 in bol-
personnel strengths for such fiscal hypersonics, biotechnology, medical tech- stering their defense relationship;
year, and for other purposes; which was nologies, and such other technology as may (2) the People’s Republic of China has dra-
ordered to lie on the table; as follows: be identified by the Secretary. matically increased the capability of its
At the appropriate place in title II, insert ‘‘(2) The term ‘intelligence community’ military forces since 1979;
the following: has the meaning given such term in section (3) the People’s Republic of China has in
SEC. lll. IMPROVEMENTS RELATING TO
3 of the National Security Act of 1947 (50 recent years increased the use of its military
STEERING COMMITTEE ON EMERG- U.S.C. 3003).’’; and forces to harass and provoke Taiwan with
ING TECHNOLOGY AND NATIONAL (7) in subsection (f), as redesignated by the threat of overwhelming force; and
SECURITY THREATS. paragraph (3), by striking ‘‘October 1, 2024’’ (4) it is the policy of the United States to
Section 236 of the William M. (Mac) Thorn- and inserting ‘‘October 1, 2025’’. consider any effort to determine the future
berry National Defense Authorization Act of Taiwan by anything other than peaceful
for Fiscal Year 2021 (Public Law 116–283), is SA 4285. Mr. SCOTT of Florida sub-
means, including by boycotts or embargoes,
amended— mitted an amendment intended to be a threat to the peace and security of the
(1) in subsection (a), by striking ‘‘may’’ proposed to amendment SA 3867 sub- Western Pacific area, and of grave concern to
and inserting ‘‘and the Director of National mitted by Mr. REED and intended to be the United States.
Intelligence may jointly’’; proposed to the bill H.R. 4350, to au- SEC. 1293. AUTHORIZATION FOR USE OF UNITED
(2) in subsection (b), by— thorize appropriations for fiscal year STATES ARMED FORCES.
(A) by striking paragraphs (3) through (8); 2022 for military activities of the De- (a) IN GENERAL.—The President is author-
and partment of Defense, for military con- ized to use the Armed Forces of the United
ctelli on DSK11ZRN23PROD with SENATE
(B) by inserting after paragraph (2) the fol- States and take such other measures as the
struction, and for defense activities of
lowing: President determines to be necessary and ap-
‘‘(3) The Principal Deputy Director of Na- the Department of Energy, to prescribe propriate in order to secure and protect Tai-
tional Intelligence. military personnel strengths for such wan against—
‘‘(4) Such other officials of the Department fiscal year, and for other purposes; (1) a direct armed attack by the military
of Defense and intelligence community as which was ordered to lie on the table; forces of the People’s Republic of China
the Secretary of Defense and the Director of as follows: against the military forces of Taiwan;
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S7818 CONGRESSIONAL RECORD — SENATE November 4, 2021
(2) the taking of territory under the effec- States, Taiwan, and, if feasible, other United Mr. MURPHY) submitted an amendment
tive jurisdiction of Taiwan by the military States allies and partners to improve mili- intended to be proposed to amendment
forces of the People’s Republic of China; or tary coordination and relations with Taiwan. SA 3867 submitted by Mr. REED and in-
(3) the endangering of the lives of members (b) COMBINED DISASTER RELIEF EXER-
CISES.—The Secretary of Defense, in coordi- tended to be proposed to the bill H.R.
of the military forces of Taiwan or civilians
within the effective jurisdiction of Taiwan in nation with the heads of other relevant Fed- 4350, to authorize appropriations for
cases in which such members or civilians eral agencies, should engage with their coun- fiscal year 2022 for military activities
have been killed or are in imminent danger terparts in Taiwan to organize combined dis- of the Department of Defense, for mili-
of being killed. aster and humanitarian relief exercises. tary construction, and for defense ac-
(b) WAR POWERS RESOLUTION REQUIRE- (c) TAIWAN STRAIT TRANSITS, FREEDOM OF
NAVIGATION OPERATIONS, AND PRESENCE OP-
tivities of the Department of Energy,
MENTS.— to prescribe military personnel
ERATIONS.—The Secretary of Defense should
(1) SPECIFIC STATUTORY AUTHORIZATION.— strengths for such fiscal year, and for
consider increasing transits through the Tai-
Consistent with section 8(a)(1) of the War
Powers Resolution (50 U.S.C. 1547(a)(1)), Con-
wan Strait, freedom of navigation operations other purposes; which was ordered to
in the Taiwan Strait, and presence oper- lie on the table; as follows:
gress declares that this section is intended
ations in the Western Pacific by the United
to constitute specific statutory authoriza- At the end of title X, add the following:
States Navy, including in conjunction with
tion within the meaning of section 5(b) of the United States allies and partners. Subtitle H—American Security Drone Act of
War Powers Resolution (50 U.S.C. 1544(b)). (d) SENSE OF CONGRESS.—It is the sense of 2021
(2) APPLICABILITY OF OTHER REQUIRE- Congress that Taiwan should dedicate addi- SEC. 1071. SHORT TITLE.
MENTS.—Nothing in this subtitle may be con- tional domestic resources toward advancing
strued to supersede any requirement of the This subtitle may be cited as the ‘‘Amer-
its military readiness for purposes of defend-
War Powers Resolution (50 U.S.C. 1541 et ing Taiwan, including through— ican Security Drone Act of 2021’’.
seq.). (1) steady increases in annual defense SEC. 1072. DEFINITIONS.
(c) SENSE OF CONGRESS.—It is the sense of spending as a share of gross domestic prod- In this subtitle:
Congress that, at the earliest possible date uct; (1) COVERED FOREIGN ENTITY.—The term
after the date of the enactment of this sub- (2) procurements of defense technologies ‘‘covered foreign entity’’ means an entity in-
title, the President should release a public that directly bolster Taiwan’s asymmetric cluded on a list developed and maintained by
declaration that it is the policy of the defense capabilities; the Federal Acquisition Security Council.
United States to secure and protect Taiwan (3) reform of Taiwan’s military reserves, This list will include entities in the fol-
against any action of the People’s Republic including increasing the length of training lowing categories:
of China described in paragraph (1), (2), or (3) required and number of days required in (A) An entity included on the Consolidated
of subsection (a). service annually; Screening List.
(d) STATEMENT OF POLICY.—It is the policy (4) participation with United States Armed (B) Any entity that is subject to
of the United States to demand that the Peo- Forces in combined military exercises; and extrajudicial direction from a foreign gov-
ple’s Republic of China officially renounce (5) further engagement with the United ernment, as determined by the Secretary of
the use or threat of military force in any at- States on strengthening Taiwan’s cyber ca- Homeland Security.
tempt to unify with Taiwan. pabilities. (C) Any entity the Secretary of Homeland
(e) AUTHORIZATION PERIOD.— SEC. 1297. SENSE OF CONGRESS REGARDING Security, in coordination with the Director
(1) IN GENERAL.—The authorization for use UNITED STATES SUPPORT FOR DE- of National Intelligence and the Secretary of
of the Armed Forces under this section shall FENDING TAIWAN. Defense, determines poses a national secu-
expire on the date that is 5 years after the It is the sense of Congress that— rity risk.
date of the enactment of this Act. (1) given the security considerations posed (D) Any entity domiciled in the People’s
(2) SENSE OF CONGRESS.—It is the sense of by the People’s Republic of China, the Sec- Republic of China or subject to influence or
Congress that the authorization for use of retary of State should accelerate the ap- control by the Government of the People Re-
the Armed Forces under this section should proval of sales of defense articles and serv- public of China or the Communist Party of
be reauthorized by a subsequent Act of Con- ices to Taiwan for purposes of defending Tai- the People’s Republic of China, as deter-
gress. wan; and mined by the Secretary of Homeland Secu-
CHAPTER 2—OTHER MATTERS (2) the Secretary of Defense should offer rity.
support to Taiwan by— (E) Any subsidiary or affiliate of an entity
SEC. 1294. REGIONAL SECURITY DIALOGUE TO
IMPROVE SECURITY RELATION- (A) continuing to send United States mili- described in subparagraphs (A) through (D).
SHIPS IN THE WESTERN PACIFIC tary advisors to Taiwan for training pur- (2) COVERED UNMANNED AIRCRAFT SYSTEM.—
AREA. poses; The term ‘‘covered unmanned aircraft sys-
(a) IN GENERAL.—Not later than 180 days (B) encouraging members of the United tem’’ has the meaning given the term ‘‘un-
after the date of the enactment of this Act, States Armed Forces to enroll in Taiwan’s manned aircraft system’’ in section 44801 of
the Secretary of Defense, in coordination National Defense University; title 49, United States Code.
with the Secretary of State and the heads of (C) maintaining a significant United SEC. 1073. PROHIBITION ON PROCUREMENT OF
other relevant Federal agencies, as appro- States naval presence within a close prox- COVERED UNMANNED AIRCRAFT
priate, shall seek to convene, on an annual imity to Taiwan; and SYSTEMS FROM COVERED FOREIGN
basis, a regional security dialogue with the (D) reestablishing the Taiwan Patrol Force ENTITIES.
Government of Taiwan and the governments under the direction of the United States (a) IN GENERAL.—Except as provided under
of like-minded security partners to improve Navy. subsections (b) though (f), the head of an ex-
the security relationships among the United SEC. 1298. HIGH-LEVEL VISITS. ecutive agency may not procure any covered
States and such countries in the Western Pa- (a) VISIT TO TAIWAN BY THE PRESIDENT OF unmanned aircraft system that are manufac-
cific area. THE UNITED STATES.—Not later than 1 year tured or assembled by a covered foreign enti-
(b) MATTERS TO BE INCLUDED.—The re- after the date of the enactment of this Act, ty, which includes associated elements (con-
gional security dialogue may consider mat- the President or the Secretary of State (if sisting of communication links and the com-
ters relating to— designated by the President), with appro- ponents that control the unmanned aircraft)
(1) coordinating lower-level military-to- priate interagency consultation and partici- that are required for the operator to operate
military dialogue; and pation, should arrange a meeting in Taiwan safely and efficiently in the national air-
(2) planning for potential military con- with the President of Taiwan. space system. The Federal Acquisition Secu-
frontation scenarios. (b) VISIT TO THE UNITED STATES BY THE
rity Council, in coordination with the Sec-
PRESIDENT OF TAIWAN.—It is the sense of
SEC. 1295. UNITED STATES-TAIWAN BILATERAL retary of Transportation, shall develop and
Congress that the United States would ben-
TRADE AGREEMENT. update a list of associated elements.
efit from a meeting in the United States be-
Not later than 180 days after the date of tween the President or the Secretary of (b) EXEMPTION.—The Secretary of Home-
the enactment of this Act, the United States State and the President of Taiwan. land Security, the Secretary of Defense, and
Trade Representative should seek to enter SEC. 1299. SENSE OF CONGRESS REGARDING AD-
the Attorney General are exempt from the
into negotiations with representatives from DRESS TO JOINT SESSION OF CON- restriction under subsection (a) if the oper-
Taiwan to establish a bilateral trade agree- GRESS BY PRESIDENT OF TAIWAN. ation or procurement—
ment between the United States and Taiwan. It is the sense of Congress that it would be (1) is for the sole purposes of research,
SEC. 1296. UNITED STATES-TAIWAN COMBINED beneficial for the United States and Taiwan evaluation, training, testing, or analysis
ctelli on DSK11ZRN23PROD with SENATE
MILITARY EXERCISES AND RELATED to invite the President of Taiwan to address for—
ACTIONS. a joint session of Congress and subsequently (A) electronic warfare;
(a) COMBINED MILITARY EXERCISES.—The participate in a roundtable discussion with (B) information warfare operations;
Secretary of Defense, in coordination with members of Congress. (C) development of UAS or counter-UAS
the heads of other relevant Federal agencies, --- technology;
should seek to carry out a program of com- SA 4286. Mr. SCOTT of Florida (for (D) counterterrorism or counterintel-
bined military exercises between the United himself, Mr. HAWLEY, Mr. COTTON, and ligence activities; or
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7819
(E) Federal criminal or national security Administration’s Alliance for System Safety the Federal Acquisition Regulatory Council
investigations, including forensic examina- of UAE through Research Excellence (AS- shall prescribe regulations or guidance, as
tions; and SURE) Center of Excellence (COE) for Un- necessary, to implement the requirements of
(2) is required in the national interest of manned Aircraft Systems. this section pertaining to Federal contracts.
the United States. (d) NATIONAL TRANSPORTATION SAFETY SEC. 1076. PROHIBITION ON USE OF GOVERN-
(c) FEDERAL AVIATION ADMINISTRATION BOARD EXEMPTION.—The National Transpor- MENT-ISSUED PURCHASE CARDS TO
CENTER OF EXCELLENCE FOR UNMANNED AIR- tation Safety Board (NTSB), in consultation PURCHASE COVERED UNMANNED
CRAFT SYSTEMS EXEMPTION.—The Secretary with the Secretary of Homeland Security, is AIRCRAFT SYSTEMS FROM COVERED
of Transportation, in consultation with the exempt from the restriction under sub- FOREIGN ENTITIES.
Secretary of Homeland Security, is exempt section (a) if the operation or procurement is Effective immediately, Government-issued
from the restriction under subsection (a) if necessary for the sole purpose of conducting Purchase Cards may not be used to procure
the operation or procurement is for the sole safety investigations. any covered unmanned aircraft system from
purposes of research, evaluation, training, (e) NATIONAL OCEANIC ATMOSPHERIC ADMIN- a covered foreign entity.
testing, or analysis for the Federal Aviation ISTRATION EXEMPTION.—The Administrator of SEC. 1077. MANAGEMENT OF EXISTING INVEN-
Administration’s Alliance for System Safety the National Oceanic Atmospheric Adminis- TORIES OF COVERED UNMANNED
of UAS through Research Excellence (AS- tration (NOAA), in consultation with the AIRCRAFT SYSTEMS FROM COVERED
SURE) Center of Excellence (COE) for Un- Secretary of Homeland Security, is exempt FOREIGN ENTITIES.
manned Aircraft Systems. from the restriction under subsection (a) if (a) IN GENERAL.—Effective immediately,
(d) NATIONAL TRANSPORTATION SAFETY the operation or procurement is necessary all executive agencies must account for ex-
BOARD EXEMPTION.—The National Transpor- for the sole purpose of marine or atmos- isting inventories of covered unmanned air-
tation Safety Board (NTSB), in consultation pheric science or management. craft systems manufactured or assembled by
with the Secretary of Homeland Security, is (f) WAIVER.—The head of an executive a covered foreign entity in their personal
exempt from the restriction under sub- agency may waive the prohibition under sub- property accounting systems, regardless of
section (a) if the operation or procurement is section (a) on a case-by-case basis— the original procurement cost, or the pur-
necessary for the sole purpose of conducting (1) with the approval of the Secretary of pose of procurement due to the special moni-
safety investigations. Homeland Security or the Secretary of De- toring and accounting measures necessary to
(e) NATIONAL OCEANIC ATMOSPHERIC ADMIN- fense; and track the items’ capabilities.
ISTRATION EXEMPTION.—The Administrator of (2) upon notification to Congress. (b) CLASSIFIED TRACKING.—Due to the sen-
the National Oceanic Atmospheric Adminis- (g) REGULATIONS AND GUIDANCE.—Not later sitive nature of missions and operations con-
tration (NOAA), in consultation with the than 180 days after the date of the enactment ducted by the United States Government, in-
Secretary of Homeland Security, is exempt of this Act, the Secretary of Homeland Secu- ventory data related to covered unmanned
from the restriction under subsection (a) if rity shall prescribe regulations or guidance aircraft systems manufactured or assembled
the operation or procurement is necessary to implement this section. by a covered foreign entity may be tracked
for the sole purpose of marine or atmos- SEC. 1075. PROHIBITION ON USE OF FEDERAL at a classified level.
pheric science or management. FUNDS FOR PURCHASES AND OPER- (c) EXCEPTIONS.—The Department of De-
(f) WAIVER.—The head of an executive ATION OF COVERED UNMANNED fense and Department of Homeland Security
agency may waive the prohibition under sub- AIRCRAFT SYSTEMS FROM COVERED
may exclude from the full inventory process,
section (a) on a case-by-case basis— FOREIGN ENTITIES.
covered unmanned aircraft systems that are
(1) with the approval of the Secretary of (a) IN GENERAL.—Beginning on the date
deemed expendable due to mission risk such
Homeland Security or the Secretary of De- that is 2 years after the date of the enact-
as recovery issues or that are one-time-use
fense; and ment of this Act, except as provided in sub-
covered unmanned aircraft due to require-
(2) upon notification to Congress. section (b), no Federal funds awarded
ments and low cost.
SEC. 1074. PROHIBITION ON OPERATION OF COV- through a contract, grant, or cooperative
SEC. 1078. COMPTROLLER GENERAL REPORT.
ERED UNMANNED AIRCRAFT SYS- agreement, or otherwise made available may
TEMS FROM COVERED FOREIGN EN- be used— Not later than 275 days after the date of
TITIES. (1) to purchase a covered unmanned air- the enactment of this Act, the Comptroller
(a) PROHIBITION.— craft system, or a system to counter un- General of the United States shall submit to
(1) IN GENERAL.—Beginning on the date manned aircraft systems, that is manufac- Congress a report on the amount of commer-
that is 2 years after the date of the enact- tured or assembled by a covered foreign enti- cial off-the-shelf drones and covered un-
ment of this Act, no Federal department or ty; or manned aircraft systems procured by Fed-
agency may operate a covered unmanned air- (2) in connection with the operation of eral departments and agencies from covered
craft system manufactured or assembled by such a drone or unmanned aircraft system. foreign entities.
a covered foreign entity. (b) EXEMPTION.—A Federal department or SEC. 1079. GOVERNMENT-WIDE POLICY FOR PRO-
(2) APPLICABILITY TO CONTRACTED SERV- agency is exempt from the restriction under CUREMENT OF UNMANNED AIR-
ICES.—The prohibition under paragraph (1) subsection (a) if— CRAFT SYSTEMS.
applies to any covered unmanned aircraft (1) the contract, grant, or cooperative (a) IN GENERAL.—Not later than 180 days
systems that are being used by any executive agreement was awarded prior to the date of after the date of the enactment of this Act,
agency through the method of contracting the enactment of this Act; or the Director of the Office of Management
for the services of covered unmanned aircraft (2) the operation or procurement is for the and Budget, in coordination with the Depart-
systems. sole purposes of research, evaluation, train- ment of Homeland Security, Department of
(b) EXEMPTION.—The Secretary of Home- ing, testing, or analysis, as determined by Transportation, the Department of Justice,
land Security, the Secretary of Defense, and the Secretary of Homeland Security, the and other Departments as determined by the
the Attorney General are exempt from the Secretary of Defense, or the Attorney Gen- Director of the Office of Management and
restriction under subsection (a) if the oper- eral, for— Budget, and in consultation with the Na-
ation or procurement— (A) electronic warfare; tional Institute of Standards and Tech-
(1) is for the sole purposes of research, (B) information warfare operations; nology, shall establish a government-wide
evaluation, training, testing, or analysis (C) development of UAS or counter-UAS policy for the procurement of UAS—
for— technology; (1) for non-Department of Defense and non-
(A) electronic warfare; (D) counterterrorism or counterintel- intelligence community operations; and
(B) information warfare operations; ligence activities; or (2) through grants and cooperative agree-
(C) development of UAS or counter-UAS (E) Federal criminal or national security ments entered into with non-Federal enti-
technology; investigations, including forensic examina- ties.
(D) counterterrorism or counterintel- tions; or (b) INFORMATION SECURITY.—The policy de-
ligence activities; or (F) the safe integration of UAS in the na- veloped under subsection (a) shall include
(E) Federal criminal or national security tional airspace (as determined in consulta- the following specifications, which to the ex-
investigations, including forensic examina- tion with the Secretary of Transportation); tent practicable, shall be based on industry
tions; and and standards and technical guidance from the
(2) is required in the national interest of (3) is required in the national interest of National Institute of Standards and Tech-
the United States. the United States. nology, to address the risks associated with
(c) FEDERAL AVIATION ADMINISTRATION (c) WAIVER.—The head of an executive processing, storing and transmitting Federal
CENTER OF EXCELLENCE FOR UNMANNED AIR- agency may waive the prohibition under sub- information in a UAS:
ctelli on DSK11ZRN23PROD with SENATE
CRAFT SYSTEMS EXEMPTION.—The Secretary section (a) on a case-by-case basis— (1) Protections to ensure controlled access
of Transportation, in consultation with the (1) with the approval of the Secretary of of UAS.
Secretary of Homeland Security, is exempt Homeland Security or the Secretary of De- (2) Protecting software, firmware, and
from the restriction under subsection (a) if fense; and hardware by ensuring changes to UAS are
the operation or procurement is for the sole (2) upon notification to Congress. properly managed, including by ensuring
purposes of research, evaluation, training, (d) REGULATIONS.—Not later than 180 days UAS can be updated using a secure, con-
testing, or analysis for the Federal Aviation after the date of the enactment of this Act, trolled, and configurable mechanism.
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S7820 CONGRESSIONAL RECORD — SENATE November 4, 2021
(3) Cryptographically securing sensitive work security and data protection require- ond co-chair. The co-chairs shall be ap-
collected, stored, and transmitted data, in- ments of the national security enterprise; pointed not later than 14 calendar days after
cluding proper handling of privacy data and (4) the extent to which unmanned aircraft the date of the enactment of this Act.
other controlled unclassified information. system component parts, such as the parts (B) STAFF DIRECTOR.—The co-chairs, acting
(4) Appropriate safeguards necessary to described in section 1073, are made domesti- jointly, shall hire the staff director of the
protect sensitive information, including dur- cally; and Joint Committee.
ing and after use of UAS. (5) an assessment of the economic impact, (4) DATE.—Members of the Joint Com-
(5) Appropriate data security to ensure including cost, of excluding the use of for- mittee shall be appointed not later than 14
that data is not transmitted to or stored in eign-made UAS for use across the Federal calendar days after the date of the enact-
non-approved locations. Government. ment of this Act.
(6) The ability to opt out of the uploading, (b) SUBMISSION TO OMB.—Upon completion (5) PERIOD OF APPOINTMENT.—Members
downloading, or transmitting of data that is of the study in subsection (a), the federally shall be appointed for the life of the Joint
not required by law or regulation and an funded research and development center Committee. Any vacancy in the Joint Com-
ability to choose with whom and where in- shall submit the study to the Director of the mittee shall not affect its powers, but shall
formation is shared when it is required. Office of Management and Budget. be filled not later than 14 calendar days after
(c) REQUIREMENT.—The policy developed (c) SUBMISSION TO CONGRESS.—Not later the date on which the vacancy occurs, in the
under subsection (a) shall reflect an appro- than 30 days after the date on which the Di- same manner as the original designation was
priate risk-based approach to information rector of the Office of Management and made. If a member of the Joint Committee
security related to use of UAS. Budget receives the study under subsection ceases to be a Member of the House of Rep-
(d) REVISION OF ACQUISITION REGULA- (b), the Director shall submit the study to— resentatives or the Senate, as the case may
TIONS.—Not later than 180 days after the date (1) the Committee on Homeland Security be, the member is no longer a member of the
on which the policy required under sub- and Governmental Affairs and the Select Joint Committee and a vacancy shall exist.
section (a) is issued— Committee on Intelligence of the Senate; (c) INVESTIGATION AND REPORT.—
(1) the Federal Acquisition Regulatory and (1) IN GENERAL.—Not later than 90 days
Council shall revise the Federal Acquisition (2) the Committee on Homeland Security after the date of the enactment of this Act,
Regulation, as necessary, to implement the and the Committee on Oversight and Reform the Joint Committee shall conduct an inves-
policy; and and the Permanent Select Committee on In- tigation and submit to Congress a report on
(2) any Federal department or agency or telligence of the House of Representatives. the United States 2021 withdrawal from Af-
other Federal entity not subject to, or not SEC. 1081. SUNSET. ghanistan.
subject solely to, the Federal Acquisition Sections 1073, 1074, and 1075 shall cease to (2) ELEMENTS.—The report required under
Regulation shall revise applicable policy, have effect on the date that is 5 years after paragraph (1) shall include the following ele-
guidance, or regulations, as necessary, to im- the date of the enactment of this Act. ments:
plement the policy. --- (A) A summary of any intelligence reports
(e) EXEMPTION.—In developing the policy SA 4287. Mr. SCOTT of Florida (for that indicated an imminent threat at the
required under subsection (a), the Director of himself, Mr. HAWLEY, Ms. ERNST, Mr. Hamid Karzai International Airport pre-
the Office of Management and Budget shall TILLIS, and Mr. CRAMER) submitted an ceding the deadly attack on August 26, 2021,
incorporate an exemption to the policy for and the risks to United States and allied
the following reasons:
amendment intended to be proposed to
amendment SA 3867 submitted by Mr. country civilians as well as Afghan partners
(1) In the case of procurement for the pur- for various United States withdrawal sce-
poses of training, testing, or analysis for— REED and intended to be proposed to narios.
(A) electronic warfare; or the bill H.R. 4350, to authorize appro- (B) A summary of any intelligence reports
(B) information warfare operations. priations for fiscal year 2022 for mili- that indicated that withdrawing military
(2) In the case of researching UAS tech- tary activities of the Department of personnel and closing United States military
nology, including testing, evaluation, re- Defense, for military construction, and installations in Afghanistan before evacu-
search, or development of technology to for defense activities of the Depart- ating civilians would negatively affect the
counter UAS. evacuation of United States citizens, green
(3) In the case of a head of the procuring
ment of Energy, to prescribe military
personnel strengths for such fiscal card holders, and Afghan partners and thus
department or agency determining, in writ- put them at risk.
ing, that no product that complies with the year, and for other purposes; which was (C) A full review of planning by the Na-
information security requirements described ordered to lie on the table; as follows: tional Security Council, the Department of
in subsection (b) is capable of fulfilling mis- At the end of subtitle B of title XII, add State, and the Department of Defense for a
sion critical performance requirements, and the following: noncombatant evacuation from Afghanistan,
such determination— SEC. 1216. JOINT SELECT COMMITTEE ON AF- including details of all scenarios used by the
(A) may not be delegated below the level of GHANISTAN. Department of State or the Department of
the Deputy Secretary of the procuring de- (a) ESTABLISHMENT.—There is established a Defense to plan and prepare for noncombat-
partment or agency; joint select committee of Congress to be ant evacuation operations.
(B) shall specify— known as the ‘‘Joint Select Committee on (D) An analysis of the relationship between
(i) the quantity of end items to which the Afghanistan’’ (in this section referred to as the retrograde and noncombatant evacuation
waiver applies, the procurement value of the ‘‘Joint Committee’’). operation plans and operations.
which may not exceed $50,000 per waiver; and (b) MEMBERSHIP.— (E) A description of any actions that were
(ii) the time period over which the waiver (1) IN GENERAL.—The Joint Committee taken by the United States Government to
applies, which shall not exceed 3 years; shall be composed of 12 members appointed protect the safety of United States forces
(C) shall be reported to the Office of Man- pursuant to paragraph (2). and neutralize threats in any withdrawal
agement and Budget following issuance of (2) APPOINTMENT.—Members of the Joint scenarios.
such a determination; and Committee shall be appointed as follows: (F) A full review of all withdrawal sce-
(D) not later than 30 days after the date on (A) The majority leader of the Senate shall narios compiled by the intelligence commu-
which the determination is made, shall be appoint 3 members from among Members of nity and the Department of Defense with
provided to the Committee on Homeland Se- the Senate. timelines for the decisions taken, including
curity and Governmental Affairs of the Sen- (B) The minority leader of the Senate shall all advice provided by military leaders to
ate and the Committee on Oversight and Re- appoint 3 members from among Members of President Joseph R. Biden and his national
form of the House of Representatives. the Senate. security team beginning in January 2021.
SEC. 1080. STUDY. (C) The Speaker of the House of Represent- (G) An analysis of why the withdrawal
(a) INDEPENDENT STUDY.—Not later than 3 atives shall appoint 3 members from among timeline expedited from the September 11,
years after the date of the enactment of this Members of the House of Representatives. 2021, date set by President Biden earlier this
Act, the Director of the Office of Manage- (D) The minority leader of the House of year.
ment and Budget shall seek to enter into a Representatives shall appoint 3 members (H) An analysis of United States and allied
contract with a federally funded research from among Members of the House of Rep- intelligence shared with the Taliban.
and development center under which the cen- resentatives. (I) An analysis of any actions taken by the
ter will conduct a study of— (3) CO-CHAIRS.— United States Government to proactively
(1) the current and future unmanned air- (A) IN GENERAL.—Two of the appointed prepare for a successful withdrawal.
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craft system global and domestic market; members of the Joint Committee shall serve (J) A summary of intelligence that in-
(2) the ability of the unmanned aircraft as co-chairs. The Speaker of the House of formed statements and assurances made to
system domestic market to keep pace with Representatives and the majority leader of the American people that the Taliban would
technological advancements across the in- the Senate shall jointly appoint one co- not take over Afghanistan with the speed
dustry; chair, and the minority leader of the House that it did in August 2021.
(3) the ability of domestically made un- of Representatives and the minority leader (K) A full and unredacted transcript of the
manned aircraft systems to meet the net- of the Senate shall jointly appoint the sec- phone call between President Joe Biden and
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7821
President Ashraf Ghani of Afghanistan on (1) IN GENERAL.—To enable the Joint Com- proposed to amendment SA 3867 sub-
July 23, 2021. mittee to exercise its powers, functions, and mitted by Mr. REED and intended to be
(L) A summary of any documents, reports, duties, there are authorized to be disbursed proposed to the bill H.R. 4350, to au-
or intelligence that indicates whether any by the Senate the actual and necessary ex-
members of the intelligence community, the
thorize appropriations for fiscal year
penses of the Joint Committee approved by
United States Armed Forces, or NATO part- the co-chairs, subject to the rules and regu- 2022 for military activities of the De-
ners supporting the mission warned that the lations of the Senate. partment of Defense, for military con-
Taliban would swiftly reclaim Afghanistan. (2) EXPENSES.—In carrying out its func- struction, and for defense activities of
(M) A description of the extent to which tions, the Joint Committee is authorized to the Department of Energy, to prescribe
any members of the intelligence community, incur expenses in the same manner and military personnel strengths for such
the United States Armed Forces, or NATO under the same conditions as the Joint Eco- fiscal year, and for other purposes;
partners supporting the mission advised nomic Committee is authorized by section 11
steps to be taken by the White House that
which was ordered to lie on the table;
of Public Law 79–304 (15 U.S.C. 1024 (d)).
were ultimately rejected. as follows:
(3) HEARINGS.—
(N) An assessment of the decision not to (A) IN GENERAL.—The Joint Committee At the end of subtitle G of title X, add the
order a noncombatant evacuation operation may, for the purpose of carrying out this sec- following:
until August 14, 2021. tion, hold such hearings, sit and act at such SEC. 1064.REQUIREMENTS FOR RAILROAD
(O) An assessment of whose advice the times and places, require attendance of wit- FREIGHT CARS PLACED INTO SERV-
President heeded in maintaining the nesses and production of books, papers, and ICE IN THE UNITED STATES.
timeline and the status of forces on the documents, take such testimony, receive (a) IN GENERAL.—Subchapter II of chapter
ground before Thursday, August 12, 2021. such evidence, and administer such oaths as 201 of subtitle V of title 49, United States
(P) A description of the initial views and the Joint Committee considers advisable. Code, is amended by adding at the end the
advice of the United States Armed Forces (B) HEARING PROCEDURES AND RESPONSIBIL- following:
and the intelligence community given to the ITIES OF CO-CHAIRS.— ‘‘§ 20169. Requirements for railroad freight
National Security Council and the White (i) ANNOUNCEMENT.—The co-chairs of the cars placed into service in the United
House before the decisions were taken re- Joint Committee shall make a public an- States
garding closure of United States military in- nouncement of the date, place, time, and
stallations, withdrawal of United States as- ‘‘(a) DEFINITIONS.—In this section:
subject matter of any hearing to be con- ‘‘(1) COMPONENT.—The term ‘component’
sets, and withdrawal of United States mili- ducted, not less than 7 days in advance of
tary personnel. means a part or subassembly of a railroad
such hearing, unless the co-chairs determine freight car.
(Q) An assessment of United States assets, that there is good cause to begin such hear-
as well as any assets left behind by allies, ‘‘(2) CONTROL.—The term ‘control’ means
ing at an earlier date. the power, whether direct or indirect and
that could now be used by the Taliban, ISIS– (ii) WRITTEN STATEMENT.—A witness ap-
K, and other terrorist organizations oper- whether or not exercised, through the owner-
pearing before the Joint Committee shall file ship of a majority or a dominant minority of
ating within the region. a written statement of proposed testimony
(R) An assessment of United States assets the total outstanding voting interest in an
at least 2 calendar days before the appear- entity, representation on the board of direc-
slated to be delivered to Afghanistan, if any, ance of the witness, unless the requirement
the delivery of which was paused because of tors of an entity, proxy voting on the board
is waived by the co-chairs, following their of directors of an entity, a special share in
the President’s decision to withdraw, and the
determination that there is good cause for the entity, a contractual arrangement with
status of and plans for those assets now.
failure to comply with such requirement. the entity, a formal or informal arrangement
(S) An assessment of vetting procedures for
(4) COOPERATION FROM FEDERAL AGENCIES.— to act in concert with an entity, or any other
Afghan civilians to be evacuated with a
(A) TECHNICAL ASSISTANCE.—Upon written means, to determine, direct, make decisions,
timeline for the decision making and ulti-
request of the co-chairs, a Federal agency or cause decisions to be made for the entity.
mate decisions taken to ensure that no ter-
shall provide technical assistance to the ‘‘(3) COST OF SENSITIVE TECHNOLOGY.—The
rorist suspects, persons with ties to terror-
Joint Committee in order for the Joint Com- term ‘cost of sensitive technology’ means
ists, or dangerous individuals would be ad-
mittee to carry out its duties. the aggregate cost of the sensitive tech-
mitted into third countries or the United
(B) PROVISION OF INFORMATION.—The Sec- nology located on a railroad freight car.
States.
retary of State, the Secretary of Defense, the ‘‘(4) COUNTRY OF CONCERN.—The term
(T) An assessment of the discussions be-
Director of National Intelligence, the heads ‘country of concern’ means a country that—
tween the United States Government and al-
of the elements of the intelligence commu- ‘‘(A) is identified by the Department of
lies supporting our efforts in Afghanistan
nity, the Secretary of Homeland Security, Commerce as a nonmarket economy country
and a timeline for decision making regarding
and the National Security Council shall ex- (as defined in section 771(18) of the Tariff Act
the withdrawal of United States forces, in-
peditiously respond to requests for informa- of 1930 (19 U.S.C. 1677(18))) as of the date of
cluding discussion and decisions about how
tion related to compiling the report under the enactment of the National Defense Au-
to work together to repatriate all foreign na-
subsection (c). thorization Act for Fiscal Year 2022;
tionals desiring to return to their home
(f) STAFF OF JOINT COMMITTEE.— ‘‘(B) was identified by the United States
countries.
(1) IN GENERAL.—The co-chairs of the Joint Trade Representative in the most recent re-
(U) A review of the policy decisions with
Committee may jointly appoint and fix the port required by section 182 of the Trade Act
timeline regarding all Afghan nationals and
compensation of staff as they deem nec- of 1974 (19 U.S.C. 2242) as a foreign country
other refugees evacuated from Afghanistan
essary, within the guidelines for employees included on the priority watch list (as de-
by the United States Government and
of the Senate and following all applicable fined in subsection (g)(3) of such section);
brought to third countries and the United
rules and employment requirements of the and
States, including a report on what role the
Senate. ‘‘(C) is subject to monitoring by the Trade
United States Armed Forces performed in
(2) ETHICAL STANDARDS.—Members on the Representative under section 306 of the
vetting each individual and what coordina-
Joint Committee who serve in the House of Trade Act of 1974 (19 U.S.C. 2416).
tion the Departments of State and Defense
Representatives shall be governed by the ‘‘(5) NET COST.—The term ‘net cost’ has the
engaged in to safeguard members of the
ethics rules and requirements of the House. meaning given such term in chapter 4 of the
Armed Forces from infectious diseases and
Members of the Senate who serve on the USMCA or any subsequent free trade agree-
terrorist threats.
Joint Committee and staff of the Joint Com- ment between the United States, Mexico,
(3) FORM.—The report required under para-
mittee shall comply with the ethics rules of and Canada.
graph (1) shall be submitted in unclassified
the Senate. ‘‘(6) QUALIFIED FACILITY.—The term ‘quali-
form but may contain a classified annex.
(d) MEETINGS.— (g) TERMINATION.—The Joint Committee fied facility’ means a facility that is not
(1) INITIAL MEETING.—Not later than 30 shall terminate on the date that is one year owned or under the control of a state-owned
days after the date on which all members of after the date of the enactment of this Act. enterprise.
the Joint Committee have been appointed, (h) FUNDING.—Funding for the Joint Com- ‘‘(7) QUALIFIED MANUFACTURER.—The term
the Joint Committee shall hold its first mittee shall be derived in equal portions ‘qualified manufacturer’ means a railroad
meeting. from— freight car manufacturer that is not owned
(2) FREQUENCY.—The Joint Committee (1) the applicable accounts of the House of or under the control of a state-owned enter-
shall meet at the call of the co-chairs. Representatives; and prise.
(3) QUORUM.—A majority of the members of (2) the contingent fund of the Senate from ‘‘(8) RAILROAD FREIGHT CAR.—The term
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the Joint Committee shall constitute a the appropriations account ‘‘Miscellaneous ‘railroad freight car’ means a car designed to
quorum, but a lesser number of members Items’’, subject to the rules and regulations carry freight or railroad personnel by rail,
may hold hearings. of the Senate. including—
(4) VOTING.—No proxy voting shall be al- --- ‘‘(A) a box car;
lowed on behalf of the members of the Joint SA 4288. Mr. CORNYN (for himself, ‘‘(B) a refrigerator car;
Committee. Ms. BALDWIN, and Mr. MORAN) sub- ‘‘(C) a ventilator car;
(e) ADMINISTRATION.— mitted an amendment intended to be ‘‘(D) an intermodal well car;
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S7822 CONGRESSIONAL RECORD — SENATE November 4, 2021
‘‘(E) a gondola car; railroad system of transportation only if not SA 4289. Mrs. HYDE-SMITH sub-
‘‘(F) a hopper car; more than 20 percent of the content of the mitted an amendment intended to be
‘‘(G) an auto rack car; railroad freight car, calculated by the net proposed to amendment SA 3867 sub-
‘‘(H) a flat car; cost of all components of the car and exclud-
‘‘(I) a special car;
mitted by Mr. REED and intended to be
ing the cost of sensitive technology, origi-
‘‘(J) a caboose car; nates from a country of concern or is sourced proposed to the bill H.R. 4350, to au-
‘‘(K) a tank car; and from a state-owned enterprise. thorize appropriations for fiscal year
‘‘(L) a yard car. ‘‘(ii) SUBSEQUENT LIMITATION.—Effective 2022 for military activities of the De-
‘‘(9) SENSITIVE TECHNOLOGY.—The term beginning on the date that is 3 years after partment of Defense, for military con-
‘sensitive technology’ means any device em- the date of issuance of the regulations re- struction, and for defense activities of
bedded with electronics, software, sensors, or quired under subsection (c)(1), a railroad the Department of Energy, to prescribe
other connectivity, that enables the device freight car described in paragraph (1) may military personnel strengths for such
to connect to, collect data from, or exchange operate on the United States general rail-
data with another device, including—
fiscal year, and for other purposes;
road system of transportation only if not
‘‘(A) onboard telematics; which was ordered to lie on the table;
more than 15 percent of the content of the
‘‘(B) remote monitoring software; railroad freight car, calculated by the net as follows:
‘‘(C) firmware; cost of all components of the car and exclud- At the end of subtitle F of title V, add the
‘‘(D) analytics; ing the cost of sensitive technology, origi- following:
‘‘(E) global positioning system satellite nates from a country of concern or is sourced SEC. 583. SPACE-AVAILABLE TRAVEL FOR FAMILY
and cellular location tracking systems; MEMBERS OF MEMBERS OF ARMED
from a state-owned enterprise.
‘‘(F) event status sensors; FORCES WHO DIE WHILE SERVING
‘‘(B) CONFLICT.—The percentages specified IN ACTIVE MILITARY, NAVAL, AIR,
‘‘(G) predictive component condition and in clauses (i) and (ii) of subparagraph (A), as OR SPACE SERVICE.
performance monitoring sensors; and applicable, shall apply notwithstanding any (a) EXPANSION OF ELIGIBILITY.—Section
‘‘(H) similar sensitive technologies embed- apparent conflict with provisions of chapter 2641b(c) of title 10, United States Code, is
ded into freight railcar components and sub- 4 of the USMCA. amended—
assemblies.
‘‘(10) STATE-OWNED ENTERPRISE.—The term ‘‘(c) RULEMAKING; PENALTIES.— (1) by redesignating paragraph (6) as para-
‘state-owned enterprise’ means— ‘‘(1) REGULATIONS REQUIRED.—Not later graph (7); and
‘‘(A) an entity that is owned by, or under than 2 years after the date of the enactment (2) by inserting after paragraph (5) the fol-
the control of, a national, provincial, or of the National Defense Authorization Act lowing new paragraph (6):
local government of a country of concern, or for Fiscal Year 2022, the Secretary of Trans- ‘‘(6) Children, spouses, parents, and sib-
an agency of such government; or portation shall issue such regulations as are lings of members of the armed forces who die
‘‘(B) an individual acting under the direc- necessary to carry out this section, includ- while serving in the active military, naval,
tion or influence of a government or agency ing for the monitoring and sensitive tech- air, or space service (as that term is defined
described in subparagraph (A). nology requirements of this section. in section 101 of title 38).’’.
‘‘(11) SUBSTANTIALLY TRANSFORMED.—The ‘‘(2) CERTIFICATION REQUIRED.—To be eligi- (b) RELATED INSTRUCTION.—Not later than
term ‘substantially transformed’ means a ble to provide a railroad freight car for oper- 90 days after the date of the enactment of
component of a railroad freight car that un- ation on the United States general railroad this Act, the Secretary of Defense shall re-
dergoes an applicable change in tariff classi- system of transportation, the manufacturer vise Department of Defense Instruction
fication as a result of the manufacturing of such car shall annually certify to the Sec- 4515.13 to ensure that individuals eligible for
process, as described in chapter 4 and related retary of Transportation that any railroad space-available travel on aircraft of the De-
annexes of the USMCA or any subsequent freight cars to be so provided meet the re- partment under paragraph (6) of section
free trade agreement between the United quirements under this section. 2641b(c) of title 10, United States Code, as
States, Mexico, and Canada. ‘‘(3) COMPLIANCE.— amended by subsection (a), are placed in a
‘‘(12) USMCA.—The term ‘USMCA’ has the ‘‘(A) VALID CERTIFICATION REQUIRED.—At category of travelers not lower than cat-
meaning given the term in section 3 of the the time a railroad freight car begins oper- egory V.
United States-Mexico-Canada Agreement ation on the United States general railroad ---
system of transportation, the manufacturer
SA 4290. Mrs. HYDE-SMITH sub-
Implementation Act (19 U.S.C. 4502).
‘‘(b) REQUIREMENTS FOR RAILROAD FREIGHT of such railroad freight car shall have valid mitted an amendment intended to be
CARS.— certification described in paragraph (2) for proposed to amendment SA 3867 sub-
‘‘(1) LIMITATION ON RAILROAD FREIGHT the year in which such car begins operation. mitted by Mr. REED and intended to be
CARS.—A railroad freight car wholly manu- ‘‘(B) REGISTRATION OF NONCOMPLIANT CARS proposed to the bill H.R. 4350, to au-
factured on or after the date that is 1 year PROHIBITED.—A railroad freight car manufac- thorize appropriations for fiscal year
after the date of issuance of the regulations turer may not register, or cause to be reg- 2022 for military activities of the De-
required under subsection (c)(1) may only op- istered, a railroad freight car that does not partment of Defense, for military con-
erate on the United States general railroad comply with the requirements under this
system of transportation if—
struction, and for defense activities of
section in the Association of American Rail-
‘‘(A) the railroad freight car is manufac- road’s Umler system.
the Department of Energy, to prescribe
tured, assembled, and substantially trans- ‘‘(4) CIVIL PENALTIES.— military personnel strengths for such
formed, as applicable, by a qualified manu- ‘‘(A) IN GENERAL.—Pursuant to section fiscal year, and for other purposes;
facturer in a qualified facility; 21301, the Secretary of Transportation may which was ordered to lie on the table;
‘‘(B) none of the sensitive technology lo- assess a civil penalty of not less than as follows:
cated on the railroad freight car, including $100,000, and not more than $250,000, for each At the end of subtitle B of title X, add the
components necessary to the functionality of violation of this section for each railroad following:
the sensitive technology, originates from a freight car. SEC. 1013. REPORT ON THE USE OF CERTAIN
country of concern or is sourced from a ‘‘(B) PROHIBITION ON OPERATION FOR VIOLA- FUNDING FOR COUNTER-NARCOTICS
state-owned enterprise; and TIONS.—The Secretary of Transportation MISSIONS IN CENTRAL ASIA.
‘‘(C) none of the content of the railroad may prohibit a railroad freight car manufac- (a) IN GENERAL.—Not later than March 1,
freight car, excluding sensitive technology, turer with respect to which the Secretary 2022, the Secretary of Defense shall submit
originates from a country of concern or is has assessed more than 3 violations under to the Committee on Armed Services of the
sourced from a state-owned enterprise that subparagraph (A) from providing additional Senate and the Committee on Armed Serv-
has been determined by a recognized court or railroad freight cars for operation on the ices of the House of Representatives a report
administrative agency of competent jurisdic- United States general railroad system of on the use of funding made available for pro-
tion and legal authority to have violated or transportation until the Secretary deter- grams under section 333 of title 10, United
infringed valid United States intellectual mines— States Code, for counter-narcotics missions
property rights of another including such a ‘‘(i) such manufacturer is in compliance in Central Asia.
finding by a Federal district court under with this section; and (b) ELEMENTS.—The report required by sub-
title 35 or the U.S. International Trade Com- ‘‘(ii) all civil penalties assessed to such section (a) shall include the following:
mission under section 337 of the Tariff Act of manufacturer pursuant to subparagraph (A) (1) The amount of funding made available
1930 (19 U.S.C. 1337). have been paid in full.’’. for programs under section 333 of title 10,
‘‘(2) LIMITATION ON RAILROAD FREIGHT CAR (b) CLERICAL AMENDMENT.—The analysis United States Code, that has been used for
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CONTENT.— counter-narcotics missions in Central Asia,
for chapter 201 of subtitle V of title 49,
‘‘(A) PERCENTAGE LIMITATION.— United States Code, is amended by adding at specifically to counter illicit trafficking op-
‘‘(i) INITIAL LIMITATION.—Not later than 1 the end the following: erations emanating from Afghanistan and
year after the date of issuance of the regula- Central Asia, during the five-year period pre-
tions required under subsection (c)(1), a rail- ‘‘20169. Requirements for railroad freight ceding the date of the enactment of this Act.
road freight car described in paragraph (1) cars placed into service in the (2) The amount of funding made available
may operate on the United States general United States.’’. for other programs, including under section
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7823
284 of title 10, United States Code, that has (6) the benefits of domestic content pro- States that is an ‘‘agency’’ (as defined in sec-
been used to counter illicit trafficking oper- curement preferences extend beyond eco- tion 3502 of title 44, United States Code),
ations emanating from Afghanistan and Cen- nomics; other than an independent regulatory agency
tral Asia during the five-year period pre- (7) by incentivizing domestic manufac- (as defined in that section).
ceding the date of the enactment of this Act. turing, domestic content procurement pref- (4) FEDERAL FINANCIAL ASSISTANCE.—
(3) An assessment of whether funding made erences reinvest tax dollars in companies (A) IN GENERAL.—The term ‘‘Federal finan-
available for programs under section 333 of and processes using the highest labor and en- cial assistance’’ has the meaning given the
title 10, United States Code, can be used to vironmental standards in the world; term in section 200.1 of title 2, Code of Fed-
maintain, repair, and upgrade equipment (8) strong domestic content procurement eral Regulations (or successor regulations).
previously supplied by the United States to preference policies act to prevent shifts in (B) INCLUSION.—The term ‘‘Federal finan-
foreign law enforcement agencies for production to countries that rely on produc- cial assistance’’ includes all expenditures by
counter-narcotics purposes on borders and at tion practices that are significantly less en- a Federal agency to a non-Federal entity for
international ports. ergy efficient and far more polluting than an infrastructure project, except that it does
--- those in the United States; not include expenditures for assistance au-
SA 4291. Mr. PORTMAN submitted an (9) for over 75 years, Buy America and thorized under section 402, 403, 404, 406, 408,
amendment intended to be proposed to other domestic content procurement pref- or 502 of the Robert T. Stafford Disaster Re-
amendment SA 3867 submitted by Mr. erence laws have been part of the United lief and Emergency Assistance Act (42 U.S.C.
States procurement policy, ensuring that the 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating
REED and intended to be proposed to to a major disaster or emergency declared by
the bill H.R. 4350, to authorize appro- United States can build and rebuild the in-
frastructure of the United States with high- the President under section 401 or 501, re-
priations for fiscal year 2022 for mili- quality American-made materials; spectively, of such Act (42 U.S.C. 5170, 5191)
tary activities of the Department of (10) before the date of enactment of this or pre and post disaster or emergency re-
Defense, for military construction, and Act, a domestic content procurement pref- sponse expenditures.
for defense activities of the Depart- erence requirement may not apply, may (5) INFRASTRUCTURE.—The term ‘‘infra-
ment of Energy, to prescribe military apply only to a narrow scope of products and structure’’ includes, at a minimum, the
materials, or may be limited by waiver with structures, facilities, and equipment for, in
personnel strengths for such fiscal
respect to many infrastructure programs, the United States—
year, and for other purposes; which was (A) roads, highways, and bridges;
ordered to lie on the table; as follows: which necessitates a review of such pro-
grams, including programs for roads, high- (B) public transportation;
At the end, add the following: ways, and bridges, public transportation, (C) dams, ports, harbors, and other mari-
DIVISION E—SECURING AMERICA’S dams, ports, harbors, and other maritime fa- time facilities;
FUTURE cilities, intercity passenger and freight rail- (D) intercity passenger and freight rail-
SEC. 4001. SHORT TITLE. roads, freight and intermodal facilities, air- roads;
ports, water systems, including drinking (E) freight and intermodal facilities;
This division may be cited as the ‘‘Secur-
water and wastewater systems, electrical (F) airports;
ing America’s Future Act’’.
(G) water systems, including drinking
TITLE I—ENSURING DOMESTIC transmission facilities and systems, utili-
water and wastewater systems;
MANUFACTURING CAPABILITIES ties, broadband infrastructure, and buildings
(H) electrical transmission facilities and
and real property;
Subtitle A—Build America, Buy America systems;
(11) Buy America laws create demand for
SEC. 4101. SHORT TITLE. (I) utilities;
domestically produced goods, helping to sus-
This subtitle may be cited as the ‘‘Build (J) broadband infrastructure; and
tain and grow domestic manufacturing and
America, Buy America Act’’. (K) buildings and real property.
the millions of jobs domestic manufacturing
PART I—BUY AMERICA SOURCING (6) PRODUCED IN THE UNITED STATES.—The
supports throughout product supply chains;
REQUIREMENTS term ‘‘produced in the United States’’
(12) as of the date of enactment of this Act,
means—
SEC. 4111. FINDINGS. domestic content procurement preference
(A) in the case of iron or steel products,
Congress finds that— policies apply to all Federal Government
that all manufacturing processes, from the
(1) the United States must make signifi- procurement and to various Federal-aid in-
initial melting stage through the application
cant investments to install, upgrade, or re- frastructure programs;
of coatings, occurred in the United States;
place the public works infrastructure of the (13) a robust domestic manufacturing sec-
(B) in the case of manufactured products,
United States; tor is a vital component of the national secu-
that—
(2) with respect to investments in the in- rity of the United States;
(i) the manufactured product was manufac-
frastructure of the United States, taxpayers (14) as more manufacturing operations of
tured in the United States; and
expect that their public works infrastructure the United States have moved offshore, the
(ii) the cost of the components of the man-
will be produced in the United States by strength and readiness of the defense indus-
ufactured product that are mined, produced,
American workers; trial base of the United States has been di-
or manufactured in the United States is
(3) United States taxpayer dollars invested minished; and
greater than 55 percent of the total cost of
in public infrastructure should not be used (15) domestic content procurement pref-
all components of the manufactured product,
to reward companies that have moved their erence laws—
unless another standard for determining the
operations, investment dollars, and jobs to (A) are fully consistent with the inter-
minimum amount of domestic content of the
foreign countries or foreign factories, par- national obligations of the United States;
manufactured product has been established
ticularly those that do not share or openly and
under applicable law or regulation; and
flout the commitments of the United States (B) together with the government procure-
(C) in the case of construction materials,
to environmental, worker, and workplace ments to which the laws apply, are impor-
that all manufacturing processes for the con-
safety protections; tant levers for ensuring that United States
struction material occurred in the United
(4) in procuring materials for public works manufacturers can access the government
States.
projects, entities using taxpayer-financed procurement markets of the trading partners
(7) PROJECT.—The term ‘‘project’’ means
Federal assistance should give a common- of the United States.
the construction, alteration, maintenance,
sense procurement preference for the mate- SEC. 4112. DEFINITIONS.
or repair of infrastructure in the United
rials and products produced by companies In this part: States.
and workers in the United States in accord- (1) DEFICIENT PROGRAM.—The term ‘‘defi- SEC. 4113. IDENTIFICATION OF DEFICIENT PRO-
ance with the high ideals embodied in the en- cient program’’ means a program identified GRAMS.
vironmental, worker, workplace safety, and by the head of a Federal agency under sec- (a) IN GENERAL.—Not later than 60 days
other regulatory requirements of the United tion 4113(c). after the date of enactment of this Act, the
States; (2) DOMESTIC CONTENT PROCUREMENT PREF- head of each Federal agency shall—
(5) common construction materials used in ERENCE.—The term ‘‘domestic content pro- (1) submit to the Office of Management and
public works infrastructure projects, includ- curement preference’’ means a requirement Budget and to Congress, including a separate
ing steel, iron, manufactured products, non- that no amounts made available through a notice to each appropriate congressional
ferrous metals, plastic and polymer-based program for Federal financial assistance committee, a report that identifies each Fed-
products (including polyvinylchloride, com- may be obligated for a project unless— eral financial assistance program for infra-
posite building materials, and polymers used (A) all iron and steel used in the project structure administered by the Federal agen-
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in fiber optic cables), concrete and other ag- are produced in the United States; cy; and
gregates, glass (including optic glass), lum- (B) the manufactured products used in the (2) publish in the Federal Register the re-
ber, and drywall are not adequately covered project are produced in the United States; or port under paragraph (1).
by a domestic content procurement pref- (C) the construction materials used in the (b) REQUIREMENTS.—In the report under
erence, thus limiting the impact of taxpayer project are produced in the United States. subsection (a), the head of each Federal
purchases to enhance supply chains in the (3) FEDERAL AGENCY.—The term ‘‘Federal agency shall, for each Federal financial as-
United States; agency’’ means any authority of the United sistance program—
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S7824 CONGRESSIONAL RECORD — SENATE November 4, 2021
(1) identify all domestic content procure- (c) WRITTEN JUSTIFICATION.—Before issuing (D) section 50101 of title 49, United States
ment preferences applicable to the Federal a waiver under subsection (b), the head of Code; and
financial assistance; the Federal agency shall— (E) any other domestic content procure-
(2) assess the applicability of the domestic (1) make publicly available in an easily ac- ment preference for an infrastructure project
content procurement preference require- cessible location on a website designated by under the jurisdiction of the Secretary.
ments, including— the Office of Management and Budget and on (2) SECRETARY.—The term ‘‘Secretary’’
(A) section 313 of title 23, United States the website of the Federal agency a detailed means the Secretary of Transportation.
Code; written explanation for the proposed deter- (b) TECHNICAL ASSISTANCE PARTNERSHIP.—
(B) section 5323(j) of title 49, United States mination to issue the waiver; and Not later than 90 days after the date of the
Code; (2) provide a period of not less than 15 days enactment of this Act, the Secretary shall
(C) section 22905(a) of title 49, United for public comment on the proposed waiver. enter into a technical assistance partnership
States Code; (d) AUTOMATIC SUNSET ON WAIVERS OF GEN- with the Secretary of Commerce, acting
(D) section 50101 of title 49, United States ERAL APPLICABILITY.— through the Director of the National Insti-
Code; (1) IN GENERAL.—A general applicability tute of Standards and Technology—
(E) section 603 of the Federal Water Pollu- waiver issued under subsection (b) shall ex- (1) to ensure the development of a domestic
tion Control Act (33 U.S.C. 1388); pire not later than 2 years after the date on supply base to support intermodal transpor-
(F) section 1452(a)(4) of the Safe Drinking which the waiver is issued. tation in the United States, such as intercity
Water Act (42 U.S.C. 300j–12(a)(4)); (2) REISSUANCE.—The head of a Federal high speed rail transportation, public trans-
(G) section 5035 of the Water Infrastructure agency may reissue a general applicability portation systems, highway construction or
Finance and Innovation Act of 2014 (33 U.S.C. waiver only after— reconstruction, airport improvement
3914); (A) publishing in the Federal Register a projects, and other infrastructure projects
(H) any domestic content procurement notice that— under the jurisdiction of the Secretary;
preference included in an appropriations Act; (i) describes the justification for reissuing (2) to ensure compliance with Buy America
and a general applicability waiver; and laws that apply to a project that receives as-
(I) any other domestic content procure- (ii) requests public comments for a period sistance from the Federal Highway Adminis-
ment preference in Federal law (including of not less than 30 days; and tration, the Federal Transit Administration,
regulations); (B) publishing in the Federal Register a the Federal Railroad Administration, the
(3) provide details on any applicable do- second notice that— Federal Aviation Administration, or another
mestic content procurement preference re- (i) responds to the public comments re- office or modal administration of the Sec-
quirement, including the purpose, scope, ap- ceived in response to the first notice; and retary of Transportation;
plicability, and any exceptions and waivers (ii) provides the final decision on whether (3) to encourage technologies developed
issued under the requirement; and the general applicability waiver will be re- with the support of and resources from the
(4) include a description of the type of in- issued. Secretary to be transitioned into commer-
frastructure projects that receive funding (e) CONSISTENCY WITH INTERNATIONAL cial market and applications; and
under the program, including information re- AGREEMENTS.—This section shall be applied (4) to establish procedures for consultation
lating to— in a manner consistent with United States under subsection (c).
(A) the number of entities that are partici- obligations under international agreements. (c) CONSULTATION.—Before granting a writ-
pating in the program; SEC. 4115. OMB GUIDANCE AND STANDARDS. ten waiver under a Buy America law, the
(B) the amount of Federal funds that are (a) GUIDANCE.—The Director of the Office Secretary shall consult with the Director of
made available for the program for each fis- of Management and Budget shall— the Hollings Manufacturing Extension Part-
cal year; and (1) issue guidance to the head of each Fed- nership regarding whether there is a domes-
(C) any other information the head of the eral agency— tic entity that could provide the iron, steel,
Federal agency determines to be relevant. (A) to assist in identifying deficient pro- manufactured product, or construction ma-
grams under section 4113(c); and terial that is the subject of the proposed
(c) LIST OF DEFICIENT PROGRAMS.—In the
(B) to assist in applying new domestic con- waiver.
report under subsection (a), the head of each
tent procurement preferences under section (d) ANNUAL REPORT.—Not later than 1 year
Federal agency shall include a list of Federal
4114; and after the date of enactment of this Act, and
financial assistance programs for infrastruc-
(2) if necessary, amend subtitle A of title 2, annually thereafter, the Secretary shall sub-
ture identified under that subsection for
Code of Federal Regulations (or successor mit to the Committee on Commerce,
which a domestic content procurement pref-
regulations), to ensure that domestic con- Science, and Transportation, the Committee
erence requirement—
tent procurement preference requirements on Banking, Housing, and Urban Affairs, the
(1) does not apply in a manner consistent
required by this part or other Federal law Committee on Environment and Public
with section 4114; or
are imposed through the terms and condi- Works, and the Committee on Homeland Se-
(2) is subject to a waiver of general applica-
tions of awards of Federal financial assist- curity and Governmental Affairs of the Sen-
bility not limited to the use of specific prod-
ance. ate and the Committee on Transportation
ucts for use in a specific project. (b) STANDARDS FOR CONSTRUCTION MATE- and Infrastructure and the Committee on
SEC. 4114. APPLICATION OF BUY AMERICA PREF- RIALS.— Oversight and Reform of the House of Rep-
ERENCE. (1) IN GENERAL.—Not later than 180 days resentatives a report that includes—
(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the (1) a detailed description of the consulta-
after the date of enactment of this Act, the Director of the Office of Management and tion procedures developed under subsection
head of each Federal agency shall ensure Budget shall issue standards that define the (b)(4);
that none of the funds made available for a term ‘‘all manufacturing processes’’ in the (2) a detailed description of each waiver re-
Federal financial assistance program for in- case of construction materials. quested under a Buy America law in the pre-
frastructure, including each deficient pro- (2) CONSIDERATIONS.—In issuing standards ceding year that was subject to consultation
gram, may be obligated for a project unless under paragraph (1), the Director shall— under subsection (c), and the results of the
all of the iron, steel, manufactured products, (A) ensure that the standards require that consultation;
and construction materials used in the each manufacturing process required for the (3) a detailed description of each waiver
project are produced in the United States. manufacture of the construction material granted under a Buy America law in the pre-
and the inputs of the construction material ceding year, including the type of waiver and
(b) WAIVER.—The head of a Federal agency
occurs in the United States; and the reasoning for granting the waiver; and
that applies a domestic content procurement
(B) take into consideration and seek to (4) an update on challenges and gaps in the
preference under this section may waive the
maximize the direct and indirect jobs bene- domestic supply base identified in carrying
application of that preference in any case in
fited or created in the production of the con- out subsection (b)(1), including a list of ac-
which the head of the Federal agency finds
struction material. tions and policy changes the Secretary rec-
that—
SEC. 4116. TECHNICAL ASSISTANCE PARTNER- ommends be taken to address those chal-
(1) applying the domestic content procure- SHIP AND CONSULTATION SUP-
ment preference would be inconsistent with lenges and gaps.
PORTING DEPARTMENT OF TRANS-
the public interest; PORTATION BUY AMERICA REQUIRE- SEC. 4117. APPLICATION.
(2) types of iron, steel, manufactured prod- MENTS. (a) IN GENERAL.—This part shall apply to a
ucts, or construction materials are not pro- (a) DEFINITIONS.—In this section: Federal financial assistance program for in-
duced in the United States in sufficient and (1) BUY AMERICA LAW.—The term ‘‘Buy frastructure only to the extent that a domes-
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reasonably available quantities or of a satis- America law’’ means— tic content procurement preference as de-
factory quality; or (A) section 313 of title 23, United States scribed in section 4114 does not already apply
(3) the inclusion of iron, steel, manufac- Code; to iron, steel, manufactured products, and
tured products, or construction materials (B) section 5323(j) of title 49, United States construction materials.
produced in the United States will increase Code; (b) SAVINGS PROVISION.—Nothing in this
the cost of the overall project by more than (C) section 22905(a) of title 49, United part affects a domestic content procurement
25 percent. States Code; preference for a Federal financial assistance
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7825
program for infrastructure that is in effect include positions related to management, re- involved in the production of such iron and
and that meets the requirements of section search and development, or engineering and steel, from the initial melting stage through
4114. design. the application of coatings, occurs in the
PART II—MAKE IT IN AMERICA (2) ASSESSMENT ON USE OF DUMPED OR SUB- United States.
SIDIZED FOREIGN PRODUCTS.— ‘‘(2) LIMITATION ON EXCEPTION FOR COMMER-
SEC. 4121. REGULATIONS RELATING TO BUY
AMERICAN ACT. (A) IN GENERAL.—To the extent otherwise CIALLY AVAILABLE OFF-THE-SHELF ITEMS.—
(a) IN GENERAL.—Not later than 1 year permitted by law, before granting a waiver Notwithstanding any law or regulation to
after the date of the enactment of this Act, in the public interest to the guidelines devel- the contrary, including section 1907 of this
the Director of the Office of Management oped under subsection (a)(1) with respect to a title and the Federal Acquisition Regulation,
and Budget (‘‘Director’’), acting through the product sourced from a foreign country, a the requirements of this section apply to all
Administrator for Federal Procurement Pol- Federal agency shall assess whether a sig- iron and steel articles, materials, and sup-
icy and, in consultation with the Federal Ac- nificant portion of the cost advantage of the plies used in contracts described in sub-
quisition Regulatory Council, shall promul- product is the result of the use of dumped section (a).’’.
gate final regulations or other policy or steel, iron, or manufactured goods or the use (c) ANNUAL REPORT.—Subsection (b) of sec-
management guidance, as appropriate, to of injuriously subsidized steel, iron, or man- tion 8302 of title 41, United States Code, is
standardize and simplify how Federal agen- ufactured goods. amended to read as follows:
cies comply with, report on, and enforce the (B) CONSULTATION.—The Federal agency ‘‘(b) REPORTS.—
Buy American Act. The regulations or other conducting the assessment under subpara- ‘‘(1) IN GENERAL.—Not later than 180 days
policy or management guidance shall in- graph (A) shall consult with the Inter- after the end of the fiscal year during which
clude, at a minimum, the following: national Trade Administration in making the Build America, Buy America Act is en-
(1) Guidelines for Federal agencies to de- the assessment if the agency considers such acted, and annually thereafter for 4 years,
termine, for the purposes of applying sec- consultation to be helpful. the Director of the Office of Management
tions 8302(a) and 8303(b)(3) of title 41, United (C) USE OF FINDINGS.—The Federal agency and Budget, in consultation with the Admin-
States Code, the circumstances under which conducting the assessment under subpara- istrator of General Services, shall submit to
the acquisition of articles, materials, or sup- graph (A) shall integrate any findings from the Committee on Homeland Security and
plies mined, produced, or manufactured in the assessment into its waiver determina- Governmental Affairs of the Senate and the
the United States is inconsistent with the tion. Committee on Oversight and Reform of the
public interest. (c) SENSE OF CONGRESS ON INCREASING DO- House of Representatives a report on the
MESTIC CONTENT REQUIREMENTS.—It is the total amount of acquisitions made by Fed-
(2) Guidelines to ensure Federal agencies
sense of Congress that the Federal Acquisi- eral agencies in the relevant fiscal year of
base determinations of non-availability on
tion Regulatory Council should amend the articles, materials, or supplies acquired from
appropriate considerations, including antici-
Federal Acquisition Regulation to increase entities that mine, produce, or manufacture
pated project delays and lack of substitut-
the domestic content requirements for do- the articles, materials, or supplies outside
able articles, materials, and supplies mined,
mestic end products and domestic construc- the United States.
produced, or manufactured in the United
tion material to 75 percent, or, in the event ‘‘(2) EXCEPTION FOR INTELLIGENCE COMMU-
States, when making determinations of non-
of no qualifying offers, 60 percent. NITY.—This subsection does not apply to ac-
availability under section 8302(a)(1) of title (d) DEFINITION OF END PRODUCT MANUFAC-
41, United States Code. quisitions made by an agency, or component
TURED IN THE UNITED STATES.—Not later
(3)(A) Uniform procedures for each Federal of an agency, that is an element of the intel-
than 1 year after the date of the enactment
agency to make publicly available, in an eas- ligence community as specified in, or des-
of this Act, the Federal Acquisition Regu-
ily identifiable location on the website of the ignated under, section 3 of the National Se-
latory Council shall amend part 25 of the
agency, and within the following time peri- curity Act of 1947 (50 U.S.C. 3003).’’.
Federal Acquisition Regulation to provide a
ods, the following information: definition for ‘‘end product manufactured in (d) DEFINITION.—Section 8301 of title 41,
(i) A written description of the cir- United States Code, is amended by adding at
the United States,’’ including guidelines to
cumstances in which the head of the agency the end the following new paragraph:
ensure that manufacturing processes in-
may waive the requirements of the Buy ‘‘(3) FEDERAL AGENCY.—The term ‘Federal
volved in production of the end product
American Act. agency’ has the meaning given the term ‘ex-
occur domestically.
(ii) Each waiver made by the head of the ecutive agency’ in section 133 of this title.’’.
SEC. 4122.
AMENDMENTS RELATING TO BUY
agency within 30 days after making such AMERICAN ACT. (e) CONFORMING AMENDMENTS.—Title 41,
waiver, including a justification with suffi- (a) SPECIAL RULES RELATING TO AMERICAN United States Code, is amended—
cient detail to explain the basis for the waiv- MATERIALS REQUIRED FOR PUBLIC USE.—Sec- (1) in section 8302(a)—
er. tion 8302 of title 41, United States Code, is (A) in paragraph (1)—
(B) The procedures established under this amended by adding at the end the following (i) by striking ‘‘department or independent
paragraph shall ensure that the head of an new subsection: establishment’’ and inserting ‘‘Federal agen-
agency, in consultation with the head of the ‘‘(c) SPECIAL RULES.—The following rules cy’’; and
Made in America Office established under apply in carrying out the provisions of sub- (ii) by striking ‘‘their acquisition to be in-
section 4123(a), may limit the publication of section (a): consistent with the public interest or their
classified information, trade secrets, or ‘‘(1) IRON AND STEEL MANUFACTURED IN THE cost to be unreasonable’’ and inserting
other information that could damage the UNITED STATES.—For purposes of this section, ‘‘their acquisition to be inconsistent with
United States. manufactured articles, materials, and sup- the public interest, their cost to be unrea-
(4) Guidelines for Federal agencies to en- plies of iron and steel are deemed manufac- sonable, or that the articles, materials, or
sure that a project is not disaggregated for tured in the United States only if all manu- supplies of the class or kind to be used, or
purposes of avoiding the applicability of the facturing processes involved in the produc- the articles, materials, or supplies from
requirements under the Buy American Act. tion of such iron and steel, from the initial which they are manufactured, are not mined,
(5) An increase to the price preferences for melting stage through the application of produced, or manufactured in the United
domestic end products and domestic con- coatings, occurs in the United States. States in sufficient and reasonably available
struction materials. ‘‘(2) LIMITATION ON EXCEPTION FOR COMMER- commercial quantities and of a satisfactory
(6) Amending the definitions of ‘‘domestic CIALLY AVAILABLE OFF-THE-SHELF ITEMS.— quality’’; and
end product’’ and ‘‘domestic construction Notwithstanding any law or regulation to (B) in paragraph (2), by amending subpara-
material’’ to ensure that iron and steel prod- the contrary, including section 1907 of this graph (B) to read as follows:
ucts are, to the greatest extent possible, title and the Federal Acquisition Regulation, ‘‘(B) to any articles, materials, or supplies
made with domestic components. the requirements of this section apply to all procured pursuant to a reciprocal defense
(b) GUIDELINES RELATING TO WAIVERS.— iron and steel articles, materials, and sup- procurement memorandum of understanding
(1) INCONSISTENCY WITH PUBLIC INTEREST.— plies.’’. (as described in section 8304 of this title), or
(A) IN GENERAL.—With respect to the (b) PRODUCTION OF IRON AND STEEL FOR a trade agreement or least developed country
guidelines developed under subsection (a)(1), PURPOSES OF CONTRACTS FOR PUBLIC designation described in subpart 25.400 of the
the Administrator shall seek to minimize WORKS.—Section 8303 of title 41, United Federal Acquisition Regulation; and’’; and
waivers related to contract awards that— States Code, is amended— (2) in section 8303—
(i) result in a decrease in employment in (1) by redesignating subsection (c) as sub- (A) in subsection (b)—
the United States, including employment section (d); and (i) by striking ‘‘department or independent
among entities that manufacture the arti- (2) by inserting after subsection (b) the fol- establishment’’ each place it appears and in-
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cles, materials, or supplies; or lowing new subsection: serting ‘‘Federal agency’’;
(ii) result in awarding a contract that ‘‘(c) SPECIAL RULES.— (ii) by amending subparagraph (B) of para-
would decrease domestic employment. ‘‘(1) PRODUCTION OF IRON AND STEEL.—For graph (1) to read as follows:
(B) COVERED EMPLOYMENT.—For purposes of purposes of this section, manufactured arti- ‘‘(B) to any articles, materials, or supplies
subparagraph (A), employment refers to posi- cles, materials, and supplies of iron and steel procured pursuant to a reciprocal defense
tions directly involved in the manufacture of are deemed manufactured in the United procurement memorandum of understanding
articles, materials, or supplies, and does not States only if all manufacturing processes (as described in section 8304), or a trade
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S7826 CONGRESSIONAL RECORD — SENATE November 4, 2021
agreement or least developed country des- (C) outside the United States— (f) DOMESTIC PREFERENCE STATUTE DE-
ignation described in subpart 25.400 of the (i) under each category of waiver under the FINED.—In this section, the term ‘‘domestic
Federal Acquisition Regulation; and’’; and Buy American Act; preference statute’’ means any of the fol-
(iii) in paragraph (3)— (ii) under each category of exception under lowing:
(I) in the heading, by striking ‘‘INCON- such chapter; and (1) the Buy American Act;
SISTENT WITH PUBLIC INTEREST’’ and inserting (iii) for each country that mined, produced, (2) a Buy America law (as that term is de-
‘‘WAIVER AUTHORITY’’; and or manufactured such articles, materials, fined in section 4116(a));
(II) by striking ‘‘their purchase to be in- and supplies. (3) the Berry Amendment;
consistent with the public interest or their (2) For each fiscal year covered by the re- (4) section 604 of the American Recovery
cost to be unreasonable’’ and inserting port— and Reinvestment Act of 2009 (6 U.S.C. 453b)
‘‘their acquisition to be inconsistent with (A) the dollar value of any articles, mate- (commonly referred to as the ‘‘Kissell
the public interest, their cost to be unrea- rials, or supplies that were mined, produced, amendment’’);
sonable, or that the articles, materials, or or manufactured outside the United States, (5) section 2533b of title 10 (commonly re-
supplies of the class or kind to be used, or in the aggregate and by country; ferred to as the ‘‘specialty metals clause’’);
the articles, materials, or supplies from (B) an itemized list of all waivers made (6) laws requiring domestic preference for
which they are manufactured, are not mined, under the Buy American Act with respect to maritime transport, including the Merchant
produced, or manufactured in the United articles, materials, or supplies, where avail- Marine Act, 1920 (Public Law 66–261), com-
States in sufficient and reasonably available able, and the country where such articles, monly known as the ‘‘Jones Act’’; and
commercial quantities and of a satisfactory materials, or supplies were mined, produced, (7) any other law, regulation, rule, or exec-
quality’’; and or manufactured; utive order relating to Federal financial as-
(B) in subsection (d), as redesignated by (C) if any articles, materials, or supplies sistance awards or Federal procurement,
subsection (b)(1) of this section, by striking were acquired from entities that mine, that requires, or provides a preference for,
‘‘department, bureau, agency, or independent produce, or manufacture such articles, mate- the purchase or acquisition of goods, prod-
establishment’’ each place it appears and in- rials, or supplies outside the United States ucts, or materials produced in the United
serting ‘‘Federal agency’’. due to an exception (that is not the micro- States, including iron, steel, construction
(f) EXCLUSION FROM INFLATION ADJUSTMENT purchase threshold exception described material, and manufactured goods offered in
OF ACQUISITION-RELATED DOLLAR THRESH- under section 8302(a)(2)(C) of title 41, United the United States.
OLDS.—Subparagraph (A) of section 1908(b)(2) States Code), the specific exception that was SEC. 4124. HOLLINGS MANUFACTURING EXTEN-
of title 41, United States Code, is amended by used to purchase such articles, materials, or SION PARTNERSHIP ACTIVITIES.
striking ‘‘chapter 67’’ and inserting ‘‘chap- supplies; and (a) USE OF HOLLINGS MANUFACTURING EX-
ters 67 and 83’’. (D) if any articles, materials, or supplies TENSION PARTNERSHIP TO REFER NEW BUSI-
SEC. 4123. MADE IN AMERICA OFFICE. were acquired from entities that mine, NESSES TO CONTRACTING OPPORTUNITIES.—The
(a) ESTABLISHMENT.—The Director of the produce, or manufacture such articles, mate- head of each Federal agency shall work with
Office of Management and Budget shall es- rials, or supplies outside the United States the Director of the Hollings Manufacturing
tablish within the Office of Management and pursuant to a reciprocal defense procure- Extension Partnership, as necessary, to en-
Budget an office to be known as the ‘‘Made ment memorandum of understanding (as de- sure businesses participating in this Partner-
in America Office’’. The head of the office scribed in section 8304 of title 41, United ship are aware of their contracting opportu-
shall be appointed by the Director of the Of- States Code), or a trade agreement or least nities.
fice of Management and Budget (in this sec- developed country designation described in (b) AUTOMATIC ENROLLMENT IN GSA ADVAN-
tion referred to as the ‘‘Made in America Di- subpart 25.400 of the Federal Acquisition TAGE!.—The Administrator of the General
rector’’). Regulation, a citation to such memorandum Services Administration and the Secretary
(b) DUTIES.—The Made in America Director of understanding, trade agreement, or des- of Commerce, acting through the Under Sec-
shall have the following duties: ignation. retary of Commerce for Standards and Tech-
(1) Maximize and enforce compliance with (3) A description of the methods used by nology, shall jointly ensure that each busi-
domestic preference statutes. each Federal agency to calculate the per- ness that participates in the Hollings Manu-
(2) Develop and implement procedures to centage domestic content of articles, mate- facturing Extension Partnership is auto-
review waiver requests or inapplicability re- rials, and supplies mined, produced, or manu- matically enrolled in General Services Ad-
quests related to domestic preference stat- factured in the United States. ministration Advantage!.
utes. (d) REVIEW OF RECIPROCAL DEFENSE AGREE- SEC. 4125. UNITED STATES OBLIGATIONS UNDER
(3) Prepare the reports required under sub- MENTS.— INTERNATIONAL AGREEMENTS.
sections (c) and (e). (1) REVIEW OF PROCESS.—Not later than 180 This part, and the amendments made by
(4) Ensure that Federal contracting per- days after the date of the enactment of this this part, shall be applied in a manner con-
sonnel, financial assistance personnel, and Act, the Made in America Director shall re- sistent with United States obligations under
non-Federal recipients are regularly trained view the Department of Defense’s use of re- international agreements.
on obligations under the Buy American Act ciprocal defense agreements to determine if SEC. 4126. DEFINITIONS.
and other agency-specific domestic pref- domestic entities have equal and propor- In this part:
erence statutes. tional access and report the findings of the (1) BERRY AMENDMENT.—The term ‘‘Berry
(5) Conduct the review of reciprocal de- review to the Director of the Office of Man- Amendment’’ means section 2533a of title 10,
fense agreements required under subsection agement and Budget, the Secretary of De- United States Code.
(d). fense, and the Secretary of State. (2) BUY AMERICAN ACT.—The term ‘‘Buy
(6) Ensure that Federal agencies, Federal (2) REVIEW OF RECIPROCAL PROCUREMENT American Act’’ means chapter 83 of title 41,
financial assistance recipients, and the Hol- MEMORANDA OF UNDERSTANDING.—The Made United States Code.
lings Manufacturing Extension Partnership in America Director shall review reciprocal (3) FEDERAL AGENCY.—The term ‘‘Federal
partner with each other to promote compli- procurement memoranda of understanding agency’’ has the meaning given the term
ance with domestic preference statutes. entered into after the date of the enactment ‘‘executive agency’’ in section 133 of title 41,
(7) Support executive branch efforts to de- of this Act between the Department of De- United States Code.
velop and sustain a domestic supply base to fense and its counterparts in foreign govern- (4) RELEVANT CONGRESSIONAL COMMIT-
meet Federal procurement requirements. ments to assess whether domestic entities TEES.—The term ‘‘relevant congressional
(c) OFFICE OF MANAGEMENT AND BUDGET will have equal and proportional access committees’’ means—
REPORT.—Not later than 1 year after the under the memoranda of understanding and (A) the Committee on Homeland Security
date of the enactment of this Act, the Direc- report the findings of the review to the Di- and Governmental Affairs, the Committee on
tor of the Office of Management and Budget, rector of the Office of Management and Commerce, Science, and Transportation, the
working through the Made in America Direc- Budget, the Secretary of Defense, and the Committee on Environment and Public
tor, shall report to the relevant congres- Secretary of State. Works, the Committee on Banking, Housing,
sional committees on the extent to which, in (e) REPORT ON USE OF MADE IN AMERICA and Urban Affairs, and the Committee on
each of the three fiscal years prior to the LAWS.—The Made in America Director shall Armed Services of the Senate; and
date of enactment of this Act, articles, mate- submit to the relevant congressional com- (B) the Committee on Oversight and Re-
rials, or supplies acquired by the Federal mittees a summary of each report on the use form, the Committee on Armed Services, and
Government were mined, produced, or manu- of Made in America Laws received by the the Committee on Transportation and Infra-
factured outside the United States. Such re- Made in America Director pursuant to sec- structure of the House of Representatives.
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port shall include for each Federal agency tion 11 of Executive Order 14005, dated Janu- (5) WAIVER.—The term ‘‘waiver’’, with re-
the following: ary 25, 2021 (relating to ensuring the future is spect to the acquisition of an article, mate-
(1) A summary of total procurement funds made in all of America by all of America’s rial, or supply for public use, means the in-
expended on articles, materials, and supplies workers) not later than 90 days after the applicability of chapter 83 of title 41, United
mined, produced, or manufactured— date of the enactment of this Act or receipt States Code, to the acquisition by reason of
(A) inside the United States; of the reports required under section 11 of any of the following determinations under
(B) outside the United States; and such Executive Order, whichever is later. section 8302(a)(1) or 8303(b) of such title:
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7827
(A) A determination by the head of the Buy American laws, to the extent they a Buy American waiver to satisfy an urgent
Federal agency concerned that the acquisi- apply, and minimize the use of waivers; and contracting need in an unforeseen and exi-
tion is inconsistent with the public interest. (3) every executive agency should use gent circumstance.
(B) A determination by the head of the available data to routinely audit its compli- (c) INFORMATION AVAILABLE TO THE EXECU-
Federal agency concerned that the cost of ance with Buy American laws. TIVE AGENCY CONCERNING THE REQUEST.—
the acquisition is unreasonable. SEC. 4134. ASSESSMENT OF IMPACT OF FREE (1) REQUIREMENT.—No Buy American waiv-
(C) A determination by the head of the TRADE AGREEMENTS. er for purposes of awarding a contract may
Federal agency concerned that the article, Not later than 150 days after the date of be granted if, in contravention of subsection
material, or supply is not mined, produced, the enactment of this Act, the Secretary of (b)—
or manufactured in the United States in suf- Commerce, the United States Trade Rep- (A) information about the waiver was not
ficient and reasonably available commercial resentative, and the Director of the Office of made available on the website under section
quantities of a satisfactory quality. Management and Budget shall assess the im- 4136; or
SEC. 4127. PROSPECTIVE AMENDMENTS TO IN- pacts in a publicly available report of all (B) no opportunity for public comment
TERNAL CROSS-REFERENCES. United States free trade agreements, the concerning the request was granted.
(a) SPECIALTY METALS CLAUSE REF- World Trade Organization Agreement on (2) SCOPE.—Information made available to
ERENCE.—Section 4123(f)(5) is amended by Government Procurement, and Federal per- the public concerning the request included
striking ‘‘section 2533b’’ and inserting ‘‘sec- mitting processes on the operation of Buy on the website described in section 4136 shall
tion 4863’’. American laws, including their impacts on properly and adequately document and jus-
(b) BERRY AMENDMENT REFERENCE.—Sec- the implementation of domestic procure- tify the statutory basis cited for the re-
tion 4126(1) is amended by striking ‘‘section ment preferences. quested waiver. Such information shall in-
2533a’’ and inserting ‘‘section 4862’’. SEC. 4135. JUDICIOUS USE OF WAIVERS. clude—
(c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—To the extent permitted (A) a detailed justification for the use of
made by this section shall take effect on by law, a Buy American waiver that is deter- goods, products, or materials mined, pro-
January 1, 2022. mined by an agency head or other relevant duced, or manufactured outside the United
Subtitle B—BuyAmerican.gov official to be in the public interest shall be States;
SEC. 4131. SHORT TITLE. construed to ensure the maximum utiliza- (B) for requests citing unreasonable cost as
tion of goods, products, and materials pro- the statutory basis of the waiver, a compari-
This subtitle may be cited as the
duced in the United States. son of the cost of the domestic product to
‘‘BuyAmerican.gov Act of 2021’’.
(b) PUBLIC INTEREST WAIVER DETERMINA- the cost of the foreign product or a compari-
SEC. 4132. DEFINITIONS.
TIONS.—To the extent permitted by law, de- son of the overall cost of the project with do-
In this subtitle: termination of public interest waivers shall mestic products to the overall cost of the
(1) BUY AMERICAN LAW.—The term ‘‘Buy be made by the head of the agency with the project with foreign-origin products or serv-
American law’’ means any law, regulation, authority over the Federal financial assist- ices, pursuant to the requirements of the ap-
Executive order, or rule relating to Federal ance award or Federal procurement under plicable Buy American law, except that pub-
contracts, grants, or financial assistance consideration. licly available cost comparison data may be
that requires or provides a preference for the SEC. 4136. ESTABLISHMENT OF provided in lieu of proprietary pricing infor-
purchase or use of goods, products, or mate- BUYAMERICAN.GOV WEBSITE. mation;
rials mined, produced, or manufactured in (a) IN GENERAL.—Not later than one year (C) for requests citing the public interest
the United States, including— after the date of the enactment of this Act, as the statutory basis for the waiver, a de-
(A) chapter 83 of title 41, United States the Administrator of General Services shall tailed written statement, which shall include
Code (commonly referred to as the ‘‘Buy establish an Internet website with the ad- all appropriate factors, such as potential ob-
American Act’’); dress BuyAmerican.gov that will be publicly ligations under international agreements,
(B) section 5323(j) of title 49, United States available and free to access. The website justifying why the requested waiver is in the
Code; shall include information on all waivers of public interest; and
(C) section 313 of title 23, United States and exceptions to Buy American laws since (D) a certification that the procurement
Code; the date of the enactment of this Act that official or assistance recipient made a good
(D) section 50101 of title 49, United States have been requested, are under consider- faith effort to solicit bids for domestic prod-
Code; ation, or have been granted by executive ucts supported by terms included in requests
(E) section 24405 of title 49, United States agencies and be designed to enable manufac- for proposals, contracts, and nonproprietary
Code; turers and other interested parties to easily communications with the prime contractor.
(F) section 608 of the Federal Water Pollu- identify waivers. The website shall also in- (d) NONAVAILABILITY WAIVERS.—
tion Control Act (33 U.S.C. 1388); clude the results of routine audits to deter- (1) IN GENERAL.—Except as provided under
(G) section 1452(a)(4) of the Safe Drinking mine data errors and Buy American law vio- paragraph (2), for a request citing nonavail-
Water Act (42 U.S.C. 300j–12(a)(4)); lations after the award of a contract. The ability as the statutory basis for a Buy
(H) section 5035 of the Water Resources Re- website shall provide publicly available con- American waiver, an executive agency shall
form and Development Act of 2014 (33 U.S.C. tact information for the relevant con- provide an explanation of the procurement
3914); tracting agencies. official’s efforts to procure a product from a
(I) section 2533a of title 10, United States (b) UTILIZATION OF EXISTING WEBSITE.—The domestic source and the reasons why a do-
Code (commonly referred to as the ‘‘Berry requirements of subsection (a) may be met mestic product was not available from a do-
Amendment’’); and by utilizing an existing website, provided mestic source. Those explanations shall be
(J) section 2533b of title 10, United States that the address of that website is made available on BuyAmerican.gov prior to
Code. BuyAmerican.gov. the issuance of the waiver, and the agency
(2) EXECUTIVE AGENCY.—The term ‘‘execu- SEC. 4137. WAIVER TRANSPARENCY AND STREAM- shall consider public comments regarding
tive agency’’ has the meaning given the term LINING FOR CONTRACTS. the availability of the product before mak-
‘‘agency’’ in paragraph (1) of section 3502 of (a) COLLECTION OF INFORMATION.—The Ad- ing a final determination.
title 44, United States Code, except that it ministrator of General Services, in consulta- (2) EXCEPTION.—An explanation under
does not include an independent regulatory tion with the heads of relevant agencies, paragraph (1) is not required for a product
agency, as that term is defined in paragraph shall develop a mechanism to collect infor- the nonavailability of which is established
(5) of such section. mation on requests to invoke a Buy Amer- by law or regulation.
(3) BUY AMERICAN WAIVER.—The term ‘‘Buy ican waiver for a Federal contract, utilizing SEC. 4138. COMPTROLLER GENERAL REPORT.
American waiver’’ refers to an exception to existing reporting requirements whenever Not later than two years after the date of
or waiver of any Buy American law, or the possible, for purposes of providing early no- the enactment of this Act, the Comptroller
terms and conditions used by an agency in tice of possible waivers via the website es- General of the United States shall submit to
granting an exception to or waiver from Buy tablished under section 4136. Congress a report describing the implemen-
American laws. (b) WAIVER TRANSPARENCY AND STREAM- tation of this subtitle, including rec-
SEC. 4133. SENSE OF CONGRESS ON BUYING LINING.— ommendations for any legislation to improve
AMERICAN. (1) REQUIREMENT.—Prior to granting a re- the collection and reporting of information
It is the sense of Congress that— quest to waive a Buy American law, the head regarding waivers of and exceptions to Buy
(1) every executive agency should maxi- of an executive agency shall submit a re- American laws.
mize, through terms and conditions of Fed- quest to invoke a Buy American waiver to SEC. 4139. RULES OF CONSTRUCTION.
eral financial assistance awards and Federal the Administrator of General Services, and (a) DISCLOSURE REQUIREMENTS.—Nothing in
ctelli on DSK11ZRN23PROD with SENATE
procurements, the use of goods, products, the Administrator of General Services shall this subtitle shall be construed as pre-
and materials produced in the United States make the request available on or through empting, superseding, or otherwise affecting
and contracts for outsourced government the public website established under section the application of any disclosure require-
service contracts to be performed by United 4136 for public comment for not less than 15 ment or requirements otherwise provided by
States nationals; days. law or regulation.
(2) every executive agency should scru- (2) EXCEPTION.—The requirement under (b) ESTABLISHMENT OF SUCCESSOR INFORMA-
pulously monitor, enforce, and comply with paragraph (1) does not apply to a request for TION SYSTEMS.—Nothing in this subtitle shall
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S7828 CONGRESSIONAL RECORD — SENATE November 4, 2021
be construed as preventing or otherwise lim- (2) COVERED SECRETARY.—The term ‘‘cov- (2) ELEMENTS.—The report required under
iting the ability of the Administrator of ered Secretary’’ means the Secretary of paragraph (1) shall include the following ele-
General Services to move the data required Homeland Security, the Secretary of Health ments:
to be included on the website established and Human Services, and the Secretary of (A) The United States long-term domestic
under subsection (a) to a successor informa- Veterans Affairs. procurement strategy for PPE produced in
tion system. Any such information system (3) PERSONAL PROTECTIVE EQUIPMENT.—The the United States, including strategies to
shall include a reference to term ‘‘personal protective equipment’’ incentivize investment in and maintain
BuyAmerican.gov. means surgical masks, respirator masks and United States supply chains for all PPE suf-
SEC. 4140. CONSISTENCY WITH INTERNATIONAL powered air purifying respirators and re- ficient to meet the needs of the United
AGREEMENTS. quired filters, face shields and protective States during a public health emergency.
This subtitle shall be applied in a manner eyewear, gloves, disposable and reusable sur- (B) An estimate of long-term demand quan-
consistent with United States obligations gical and isolation gowns, head and foot cov- tities for all PPE items procured by the
under international agreements. erings, and other gear or clothing used to United States.
SEC. 4141. PROSPECTIVE AMENDMENTS TO IN- protect an individual from the transmission (C) Recommendations for congressional ac-
TERNAL CROSS-REFERENCES.
of disease. tion required to implement the United
(a) IN GENERAL.—Section 4132(1) is amend- (4) UNITED STATES.—The term ‘‘United States Government’s procurement strategy.
ed— States’’ means the 50 States, the District of (D) A determination whether all notifica-
(1) in subparagraph (I), by striking ‘‘sec-
Columbia, and the possessions of the United tions, amendments, and other necessary ac-
tion 2533a’’ and inserting ‘‘section 4862’’; and
States. tions have been completed to bring the
(2) in subparagraph (J), by striking ‘‘sec-
(b) CONTRACT REQUIREMENTS FOR DOMESTIC United States existing international obliga-
tion 2533b’’ and inserting ‘‘section 4863’’.
(b) EFFECTIVE DATE.—The amendments PRODUCTION.—Beginning 90 days after the tions into conformity with the statutory re-
made by subsection (a) shall take effect on date of the enactment of this Act, in order to quirements of this subtitle.
January 1, 2022. ensure the sustainment and expansion of per- (f) AUTHORIZATION OF TRANSFER OF EQUIP-
sonal protective equipment manufacturing MENT.—
Subtitle C—Make PPE in America
in the United States and meet the needs of (1) IN GENERAL.—A covered Secretary may
SEC. 4151. SHORT TITLE. transfer to the Strategic National Stockpile
This subtitle may be cited as the ‘‘Make the current pandemic response, any contract
for the procurement of personal protective established under section 319F–2 of the Pub-
PPE in America Act’’. lic Health Service Act (42 U.S.C. 247d–6b) any
SEC. 4152. FINDINGS.
equipment entered into by a covered Sec-
retary, or a covered Secretary’s designee, excess personal protective equipment ac-
Congress makes the following findings: quired under a contract executed pursuant to
(1) The COVID–19 pandemic has exposed shall—
(1) be issued for a duration of at least 2 subsection (b).
the vulnerability of the United States supply (2) TRANSFER OF EQUIPMENT DURING A PUB-
chains for, and lack of domestic production years, plus all option periods necessary, to
incentivize investment in the production of LIC HEALTH EMERGENCY.—
of, personal protective equipment (PPE). (A) AMENDMENT.—Title V of the Homeland
(2) The United States requires a robust, se- personal protective equipment and the mate-
rials and components thereof in the United Security Act of 2002 (6 U.S.C. 311 et seq.) is
cure, and wholly domestic PPE supply chain amended by adding at the end the following:
to safeguard public health and national secu- States; and
(2) be for personal protective equipment, ‘‘SEC. 529. TRANSFER OF EQUIPMENT DURING A
rity.
including the materials and components PUBLIC HEALTH EMERGENCY.
(3) Issuing a strategy that provides the
government’s anticipated needs over the thereof, that is grown, reprocessed, reused, ‘‘(a) AUTHORIZATION OF TRANSFER OF EQUIP-
or produced in the United States. MENT.—During a public health emergency de-
next three years will enable suppliers to as-
sess what changes, if any, are needed in their (c) ALTERNATIVES TO DOMESTIC PRODUC- clared by the Secretary of Health and
manufacturing capacity to meet expected de- TION.—The requirement under subsection (b)
Human Services under section 319(a) of the
mands. shall not apply to an item of personal protec- Public Health Service Act (42 U.S.C. 247d(a)),
(4) In order to foster a domestic PPE sup- tive equipment, or component or material the Secretary, at the request of the Sec-
ply chain, United States industry needs a thereof if, after maximizing to the extent retary of Health and Human Services, may
strong and consistent demand signal from feasible sources consistent with subsection transfer to the Department of Health and
the Federal Government providing the nec- (b), the covered Secretary— Human Services, on a reimbursable basis, ex-
essary certainty to expand production capac- (1) maximizes sources for personal protec- cess personal protective equipment or medi-
ity investment in the United States. tive equipment that is assembled outside the cally necessary equipment in the possession
(5) In order to effectively incentivize in- United States containing only materials and of the Department.
vestment in the United States and the re- components that are grown, reprocessed, re- ‘‘(b) DETERMINATION BY SECRETARIES.—
shoring of manufacturing, long-term con- used, or produced in the United States; and ‘‘(1) IN GENERAL.—In carrying out this sec-
tracts must be no shorter than three years in (2) certifies every 120 days that it is nec- tion—
duration. essary to procure personal protective equip- ‘‘(A) before requesting a transfer under
(6) To accomplish this aim, the United ment under alternative procedures to re- subsection (a), the Secretary of Health and
States should seek to ensure compliance spond to the immediate needs of a public Human Services shall determine whether the
with its international obligations, such as health emergency. personal protective equipment or medically
its commitments under the World Trade Or- necessary equipment is otherwise available;
(d) AVAILABILITY EXCEPTION.— and
ganization’s Agreement on Government Pro- (1) IN GENERAL.—Subsections (b) and (c)
curement and its free trade agreements, in- ‘‘(B) before initiating a transfer under sub-
shall not apply to an item of personal protec- section (a), the Secretary, in consultation
cluding by invoking any relevant exceptions tive equipment, or component or material
to those agreements, especially those related with the heads of each component within the
thereof— Department, shall—
to national security and public health. (A) that is, or that includes, a material
(7) The United States needs a long-term in- ‘‘(i) determine whether the personal pro-
listed in section 25.104 of the Federal Acqui- tective equipment or medically necessary
vestment strategy for the domestic produc- sition Regulation as one for which a non-
tion of PPE items critical to the United equipment requested to be transferred under
availability determination has been made; or subsection (a) is excess equipment; and
States national response to a public health (B) as to which the covered Secretary de-
crisis, including the COVID–19 pandemic. ‘‘(ii) certify that the transfer of the per-
termines that a sufficient quantity of a sat- sonal protective equipment or medically nec-
SEC. 4153. REQUIREMENT OF LONG-TERM CON- isfactory quality that is grown, reprocessed,
TRACTS FOR DOMESTICALLY MANU- essary equipment will not adversely impact
FACTURED PERSONAL PROTECTIVE
reused, or produced in the United States can- the health or safety of officers, employees, or
EQUIPMENT. not be procured as, and when, needed at contractors of the Department.
(a) DEFINITIONS.—In this section: United States market prices. ‘‘(2) NOTIFICATION.—The Secretary of
(1) APPROPRIATE CONGRESSIONAL COMMIT- (2) CERTIFICATION REQUIREMENT.—The cov- Health and Human Services and the Sec-
TEES.—The term ‘‘appropriate congressional ered Secretary shall certify every 120 days retary shall each submit to Congress a noti-
committees’’ means— that the exception under paragraph (1) is fication explaining the determination made
(A) the Committee on Homeland Security necessary to meet the immediate needs of a under subparagraphs (A) and (B), respec-
and Governmental Affairs, the Committee on public health emergency. tively, of paragraph (1).
Health, Education, Labor, and Pensions, the (e) REPORT.— ‘‘(3) REQUIRED INVENTORY.—
Committee on Finance, and the Committee (1) IN GENERAL.—Not later than 180 days ‘‘(A) IN GENERAL.—The Secretary shall—
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on Veterans’ Affairs of the Senate; and after the date of the enactment of this Act, ‘‘(i) acting through the Chief Medical Offi-
(B) the Committee on Homeland Security, the Director of the Office of Management cer of the Department, maintain an inven-
the Committee on Oversight and Reform, the and Budget, in consultation with the covered tory of all personal protective equipment
Committee on Energy and Commerce, the Secretaries, shall submit to the chairs and and medically necessary equipment in the
Committee on Ways and Means, and the ranking members of the appropriate congres- possession of the Department; and
Committee on Veterans’ Affairs of the House sional committees a report on the procure- ‘‘(ii) make the inventory required under
of Representatives. ment of personal protective equipment. clause (i) available, on a continual basis, to—
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7829
‘‘(I) the Secretary of Health and Human (2) APPROPRIATE CONGRESSIONAL COMMIT- machine learning systems, to ensure that
Services; and TEES.—The term ‘‘appropriate congressional full consideration is given to—
‘‘(II) the Committee on Appropriations and committees’’ means— (i) the privacy, civil rights, and civil lib-
the Committee on Homeland Security and (A) the Committee on Homeland Security erties impacts of artificial intelligence-en-
Governmental Affairs of the Senate and the and Governmental Affairs of the Senate; and abled systems; and
Committee on Appropriations and the Com- (B) the Committee on Oversight and Re- (ii) security against misuse, degradation,
mittee on Homeland Security of the House of form of the House of Representatives. or rending inoperable of artificial intel-
Representatives. (3) ARTIFICIAL INTELLIGENCE.—The term ligence-enabled systems; and
‘‘(B) FORM.—Each inventory required to be ‘‘artificial intelligence’’ has the meaning (2) the Chief Privacy Officer and the Offi-
made available under subparagraph (A) shall given the term in section 238(g) of the John cer for Civil Rights and Civil Liberties of the
be submitted in unclassified form, but may S. McCain National Defense Authorization Department shall report to Congress on any
include a classified annex.’’. Act for Fiscal Year 2019 (10 U.S.C. 2358 note). additional staffing or funding resources that
(B) TABLE OF CONTENTS AMENDMENT.—The (4) ARTIFICIAL INTELLIGENCE SYSTEM.—The may be required to carry out the require-
table of contents in section 1(b) of the Home- term ‘‘artificial intelligence system’’— ments of this subsection.
land Security Act of 2002 (Public Law 107–296; (A) means any data system, software, ap- (c) INSPECTOR GENERAL.—Not later than 180
116 Stat. 2135) is amended by inserting after plication, tool, or utility that operates in days after the date of enactment of this Act,
the item relating to section 528 the fol- whole or in part using dynamic or static ma- the Inspector General of the Department
lowing: chine learning algorithms or other forms of shall identify any training and investments
artificial intelligence, whether— needed to enable employees of the Office of
‘‘Sec. 529. Transfer of equipment during a the Inspector General to continually advance
public health emergency.’’. (i) the data system, software, application,
tool, or utility is established primarily for their understanding of—
(3) STRATEGIC NATIONAL STOCKPILE.—Sec- (1) artificial intelligence systems;
tion 319F–2(a) of the Public Health Service the purpose of researching, developing, or
(2) best practices for governance, over-
Act (42 U.S.C. 247d–6b(a)) is amended by add- implementing artificial intelligence tech-
sight, and audits of the use of artificial intel-
ing at the end the following: nology; or
ligence systems; and
‘‘(6) TRANSFERS OF ITEMS.—The Secretary, (ii) artificial intelligence capability is in-
(3) how the Office of the Inspector General
in coordination with the Secretary of Home- tegrated into another system or agency busi-
is using artificial intelligence to enhance
land Security, may sell drugs, vaccines and ness process, operational activity, or tech-
audit and investigative capabilities, includ-
other biological products, medical devices, nology system; and
ing actions to—
or other supplies maintained in the stockpile (B) does not include any common commer-
(A) ensure the integrity of audit and inves-
under paragraph (1) to a Federal agency or cial product within which artificial intel-
tigative results; and
private, nonprofit, State, local, tribal, or ter- ligence is embedded, such as a word proc-
(B) guard against bias in the selection and
ritorial entity for immediate use and dis- essor or map navigation system. conduct of audits and investigations.
tribution, provided that any such items (5) DEPARTMENT.—The term ‘‘Department’’ (d) ARTIFICIAL INTELLIGENCE HYGIENE AND
being sold are— means the Department of Homeland Secu- PROTECTION OF GOVERNMENT INFORMATION,
‘‘(A) within 1 year of their expiration date; rity. PRIVACY, CIVIL RIGHTS, AND CIVIL LIB-
or (6) DIRECTOR.—The term ‘‘Director’’ means ERTIES.—
‘‘(B) determined by the Secretary to no the Director of the Office of Management (1) ESTABLISHMENT.—Not later than 1 year
longer be needed in the stockpile due to ad- and Budget. after the date of enactment of this Act, the
vances in medical or technical capabilities.’’. SEC. 4204. PRINCIPLES AND POLICIES FOR USE Director, in consultation with a working
(g) COMPLIANCE WITH INTERNATIONAL OF ARTIFICIAL INTELLIGENCE IN group consisting of members selected by the
GOVERNMENT. Director from appropriate interagency coun-
AGREEMENTS.—The President or the Presi-
dent’s designee shall take all necessary (a) GUIDANCE.—The Director shall, when cils, shall develop an initial means by which
steps, including invoking the rights of the developing the guidance required under sec- to—
United States under Article III of the World tion 104(a) of the AI in Government Act of (A) ensure that contracts for the acquisi-
Trade Organization’s Agreement on Govern- 2020 (title I of division U of Public Law 116– tion of an artificial intelligence system or
ment Procurement and the relevant excep- 260), consider— service—
tions of other relevant agreements to which (1) the considerations and recommended (i) align with the guidance issued to the
the United States is a party, to ensure that practices identified by the National Security head of each agency under section 104(a) of
the international obligations of the United Commission on Artificial Intelligence in the the AI in Government Act of 2020 (title I of
States are consistent with the provisions of report entitled ‘‘Key Considerations for the division U of Public Law 116–260);
this subtitle. Responsible Development and Fielding of (ii) address protection of privacy, civil
AI’’, as updated in April 2021; rights, and civil liberties;
TITLE II—CYBER AND ARTIFICIAL
(2) the principles articulated in Executive (iii) address the ownership and security of
INTELLIGENCE
Order 13960 (85 Fed. Reg. 78939; relating to data and other information created, used,
Subtitle A—Advancing American AI promoting the use of trustworthy artificial processed, stored, maintained, disseminated,
SEC. 4201. SHORT TITLE. intelligence in Government); and disclosed, or disposed of by a contractor or
This subtitle may be cited as the ‘‘Advanc- (3) the input of— subcontractor on behalf of the Federal Gov-
ing American AI Act’’. (A) the Privacy and Civil Liberties Over- ernment; and
sight Board; (iv) include considerations for securing the
SEC. 4202. PURPOSE.
(B) relevant interagency councils, such as training data, algorithms, and other compo-
The purposes of this subtitle are to— the Federal Privacy Council, the Chief Infor- nents of any artificial intelligence system
(1) encourage agency artificial intel- mation Officers Council, and the Chief Data against misuse, unauthorized alteration,
ligence-related programs and initiatives that Officers Council; degradation, or rendering inoperable; and
enhance the competitiveness of the United (C) other governmental and nongovern- (B) address any other issue or concern de-
States and foster an approach to artificial mental privacy, civil rights, and civil lib- termined to be relevant by the Director to
intelligence that builds on the strengths of erties experts; and ensure appropriate use and protection of pri-
the United States in innovation and (D) any other individual or entity the Di- vacy and Government data and other infor-
entrepreneurialism; rector determines to be appropriate. mation.
(2) enhance the ability of the Federal Gov- (b) DEPARTMENT POLICIES AND PROCESSES (2) CONSULTATION.—In developing the con-
ernment to translate research advances into FOR PROCUREMENT AND USE OF ARTIFICIAL IN- siderations under paragraph (1)(A)(iv), the
artificial intelligence applications to mod- TELLIGENCE-ENABLED SYSTEMS.—Not later Director shall consult with the Secretary of
ernize systems and assist agency leaders in than 180 days after the date of enactment of Homeland Security, the Director of the Na-
fulfilling their missions; this Act— tional Institute of Standards and Tech-
(3) promote adoption of modernized busi- (1) the Secretary of Homeland Security, nology, and the Director of National Intel-
ness practices and advanced technologies with the participation of the Chief Procure- ligence.
across the Federal Government that align ment Officer, the Chief Information Officer, (3) REVIEW.—The Director—
with the values of the United States, includ- the Chief Privacy Officer, and the Officer for (A) should continuously update the means
ing the protection of privacy, civil rights, Civil Rights and Civil Liberties of the De- developed under paragraph (1); and
and civil liberties; and partment and any other person determined (B) not later than 2 years after the date of
(4) test and harness applied artificial intel- to be relevant by the Secretary of Homeland enactment of this Act and not less fre-
ctelli on DSK11ZRN23PROD with SENATE
ligence to enhance mission effectiveness and Security, shall issue policies and procedures quently than every 2 years thereafter, shall
business practice efficiency. for the Department related to— update the means developed under paragraph
SEC. 4203. DEFINITIONS. (A) the acquisition and use of artificial in- (1).
In this subtitle: telligence; and (4) BRIEFING.—The Director shall brief the
(1) AGENCY.—The term ‘‘agency’’ has the (B) considerations for the risks and im- appropriate congressional committees—
meaning given the term in section 3502 of pacts related to artificial intelligence-en- (A) not later than 90 days after the date of
title 44, United States Code. abled systems, including associated data of enactment of this Act and thereafter on a
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S7830 CONGRESSIONAL RECORD — SENATE November 4, 2021
quarterly basis until the Director first im- used to modernize or assist in modernizing (D) is rapidly configurable to support mul-
plements the means developed under para- legacy agency systems. tiple applications and automatically adapts
graph (1); and (2) DEPLOYMENT AND PILOT.—Not later than to dynamic conditions and evolving use case
(B) annually thereafter on the implemen- 1 year after the date of enactment of this requirements, to the extent possible;
tation of this subsection. Act, the Director, in coordination with the (E) enables knowledge transfer and col-
(5) SUNSET.—This subsection shall cease to heads of relevant agencies and other officials laboration across agencies; and
be effective on the date that is 5 years after as the Director determines to be appropriate, (F) preserves intellectual property rights
the date of enactment of this Act. shall ensure the initiation of the piloting of to the data and output for benefit of the Fed-
SEC. 4205. AGENCY INVENTORIES AND ARTIFI- the 4 new artificial intelligence use case ap- eral Government and agencies.
CIAL INTELLIGENCE USE CASES. plications identified under subsection (a), (c) BRIEFING.—Not earlier than 270 days
(a) INVENTORY.—Not later than 60 days leveraging commercially available tech- but not later than 1 year after the date of en-
after the date of enactment of this Act, and nologies and systems to demonstrate scal- actment of this Act, and annually thereafter
continuously thereafter for a period of 5 able artificial intelligence-enabled capabili- for 4 years, the Director shall brief the ap-
years, the Director, in consultation with the ties to support the use cases identified under propriate congressional committees on the
Chief Information Officers Council, the Chief subsection (a). activities carried out under this section and
Data Officers Council, and other interagency (3) RISK EVALUATION AND MITIGATION results of those activities.
bodies as determined to be appropriate by PLAN.—In carrying out paragraph (2), the Di-
(d) SUNSET.—The section shall cease to be
the Director, shall require the head of each rector shall require the heads of agencies
effective on the date that is 5 years after the
agency to— to—
date of enactment of this Act.
(1) prepare and maintain an inventory of (A) evaluate risks in utilizing artificial in-
the artificial intelligence use cases of the telligence systems; and SEC. 4207. ENABLING ENTREPRENEURS AND
(B) develop a risk mitigation plan to ad- AGENCY MISSIONS.
agency, including current and planned uses;
(2) share agency inventories with other dress those risks, including consideration (a) INNOVATIVE COMMERCIAL ITEMS.—Sec-
agencies, to the extent practicable and con- of— tion 880 of the National Defense Authoriza-
sistent with applicable law and policy, in- (i) the artificial intelligence system not tion Act for Fiscal Year 2017 (41 U.S.C. 3301
cluding those concerning protection of pri- performing as expected; note) is amended—
vacy and of sensitive law enforcement, na- (ii) the lack of sufficient or quality train- (1) in subsection (c), by striking
tional security, and other protected informa- ing data; and $10,000,000’’ and inserting ‘‘$25,000,000’’;
tion; and (iii) the vulnerability of a utilized artifi- (2) by amending subsection (f) to read as
(3) make agency inventories available to cial intelligence system to unauthorized ma- follows:
the public, in a manner determined by the nipulation or misuse. ‘‘(f) DEFINITIONS.—In this section—
Director, and to the extent practicable and (4) PRIORITIZATION.—In carrying out para- ‘‘(1) the term ‘commercial product’—
in accordance with applicable law and pol- graph (2), the Director shall prioritize mod- ‘‘(A) has the meaning given the term ‘com-
icy, including those concerning the protec- ernization projects that— mercial item’ in section 2.101 of the Federal
tion of privacy and of sensitive law enforce- (A) would benefit from commercially avail- Acquisition Regulation; and
ment, national security, and other protected able privacy-preserving techniques, such as ‘‘(B) includes a commercial product or a
information. use of differential privacy, federated learn- commercial service, as defined in sections
(b) CENTRAL INVENTORY.—The Director is ing, and secure multiparty computing; and 103 and 103a, respectively, of title 41, United
encouraged to designate a host entity and (B) otherwise take into account consider- States Code; and
ensure the creation and maintenance of an ations of civil rights and civil liberties. ‘‘(2) the term ‘innovative’ means—
online public directory to— (5) USE CASE MODERNIZATION APPLICATION ‘‘(A) any new technology, process, or meth-
AREAS.—Use case modernization application
(1) make agency artificial intelligence use od, including research and development; or
case information available to the public and areas described in paragraph (2) shall include ‘‘(B) any new application of an existing
those wishing to do business with the Fed- not less than 1 from each of the following technology, process, or method.’’; and
eral Government; and categories: (3) in subsection (g), by striking ‘‘2022’’ and
(2) identify common use cases across agen- (A) Applied artificial intelligence to drive
insert ‘‘2027’’.
cies. agency productivity efficiencies in predictive
supply chain and logistics, such as— (b) DHS OTHER TRANSACTION AUTHORITY.—
(c) SHARING.—The sharing of agency inven- Section 831 of the Homeland Security Act of
tories described in subsection (a)(2) may be (i) predictive food demand and optimized
supply; 2002 (6 U.S.C. 391) is amended—
coordinated through the Chief Information (1) in subsection (a)—
Officers Council, the Chief Data Officers (ii) predictive medical supplies and equip-
ment demand and optimized supply; or (A) in the matter preceding paragraph (1),
Council, the Chief Financial Officers Coun- by striking ‘‘September 30, 2017’’ and insert-
cil, the Chief Acquisition Officers Council, or (iii) predictive logistics to accelerate dis-
aster preparedness, response, and recovery. ing ‘‘September 30, 2024’’; and
other interagency bodies to improve inter- (B) by amending paragraph (2) to read as
agency coordination and information sharing (B) Applied artificial intelligence to accel-
erate agency investment return and address follows:
for common use cases. ‘‘(2) PROTOTYPE PROJECTS.—The Sec-
mission-oriented challenges, such as—
SEC. 4206.RAPID PILOT, DEPLOYMENT AND retary—
SCALE OF APPLIED ARTIFICIAL IN-
(i) applied artificial intelligence portfolio
management for agencies; ‘‘(A) may, under the authority of para-
TELLIGENCE CAPABILITIES TO DEM-
ONSTRATE MODERNIZATION ACTIVI- (ii) workforce development and upskilling; graph (1), carry out prototype projects under
TIES RELATED TO USE CASES. (iii) redundant and laborious analyses; section 2371b of title 10, United States Code;
(a) IDENTIFICATION OF USE CASES.—Not (iv) determining compliance with Govern- and
later than 270 days after the date of enact- ment requirements, such as with grants ‘‘(B) in applying the authorities of such
ment of this Act, the Director, in consulta- management; or section 2371b, the Secretary shall perform
tion with the Chief Information Officers (v) outcomes measurement to measure eco- the functions of the Secretary of Defense as
Council, the Chief Data Officers Council, and nomic and social benefits. prescribed in such section.’’;
other interagency bodies as determined to be (6) REQUIREMENTS.—Not later than 3 years (2) in subsection (c)(1), by striking ‘‘Sep-
appropriate by the Director, shall identify 4 after the date of enactment of this Act, the tember 30, 2017’’ and inserting ‘‘September
new use cases for the application of artificial Director, in coordination with the heads of 30, 2024’’; and
intelligence-enabled systems to support relevant agencies and other officials as the (3) in subsection (d), by striking ‘‘section
interagency or intra-agency modernization Director determines to be appropriate, shall 845(e)’’ and all that follows and inserting
initiatives that require linking multiple establish an artificial intelligence capability ‘‘section 2371b(e) of title 10, United States
siloed internal and external data sources, within each of the 4 use case pilots under Code.’’.
consistent with applicable laws and policies, this subsection that— (c) COMMERCIAL OFF THE SHELF SUPPLY
including those relating to the protection of (A) solves data access and usability issues CHAIN RISK MANAGEMENT TOOLS.—The Gen-
privacy and of sensitive law enforcement, na- with automated technology and eliminates eral Services Administration is encouraged
tional security, and other protected informa- or minimizes the need for manual data to pilot commercial off the shelf supply
tion. cleansing and harmonization efforts; chain risk management tools to improve the
(b) PILOT PROGRAM.— (B) continuously and automatically ingests ability of the Federal Government to charac-
(1) PURPOSES.—The purposes of the pilot data and updates domain models in near terize, monitor, predict, and respond to spe-
program under this subsection include— real-time to help identify new patterns and cific supply chain threats and vulnerabilities
ctelli on DSK11ZRN23PROD with SENATE
(A) to enable agencies to operate across or- predict trends, to the extent possible, to help that could inhibit future Federal acquisition
ganizational boundaries, coordinating be- agency personnel to make better decisions operations.
tween existing established programs and and take faster actions; Subtitle B—Cyber Response and Recovery
silos to improve delivery of the agency mis- (C) organizes data for meaningful data vis-
sion; and ualization and analysis so the Government SEC. 4251. SHORT TITLE.
(B) to demonstrate the circumstances has predictive transparency for situational This subtitle may be cited as the ‘‘Cyber
under which artificial intelligence can be awareness to improve use case outcomes; Response and Recovery Act’’.
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7831
SEC. 4252. DECLARATION OF A SIGNIFICANT INCI- ‘‘SEC. 2233. DECLARATION. Tribal, entities and public and private enti-
DENT. ‘‘(a) IN GENERAL.— ties on a reimbursable or non-reimbursable
(a) IN GENERAL.—Title XXII of the Home- ‘‘(1) DECLARATION.—The Secretary, in con- basis, including through asset response ac-
land Security Act of 2002 (6 U.S.C. 651 et seq.) sultation with the National Cyber Director, tivities and technical assistance, such as—
is amended by adding at the end the fol- may make a declaration of a significant inci- ‘‘(A) vulnerability assessments and mitiga-
lowing: dent in accordance with this section for the tion;
‘‘Subtitle C—Declaration of a Significant purpose of enabling the activities described ‘‘(B) technical incident mitigation;
Incident in this subtitle if the Secretary determines ‘‘(C) malware analysis;
‘‘SEC. 2231. SENSE OF CONGRESS. that— ‘‘(D) analytic support;
‘‘It is the sense of Congress that— ‘‘(A) a specific significant incident— ‘‘(E) threat detection and hunting; and
‘‘(1) the purpose of this subtitle is to au- ‘‘(i) has occurred; or ‘‘(F) network protections;
thorize the Secretary to declare that a sig- ‘‘(ii) is likely to occur imminently; and ‘‘(3) as the Director determines appro-
nificant incident has occurred and to estab- ‘‘(B) otherwise available resources, other priate, grants for, or cooperative agreements
lish the authorities that are provided under than the Fund, are likely insufficient to re- with, Federal, State, local, and Tribal public
the declaration to respond to and recover spond effectively to, or to mitigate effec- and private entities to respond to, and re-
from the significant incident; and tively, the specific significant incident de- cover from, the specific significant incident
‘‘(2) the authorities established under this scribed in subparagraph (A). associated with a declaration, such as—
subtitle are intended to enable the Secretary ‘‘(2) PROHIBITION ON DELEGATION.—The Sec- ‘‘(A) hardware or software to replace, up-
to provide voluntary assistance to non-Fed- retary may not delegate the authority pro- date, improve, harden, or enhance the
eral entities impacted by a significant inci- vided to the Secretary under paragraph (1). functionality of existing hardware, software,
dent. ‘‘(b) ASSET RESPONSE ACTIVITIES.—Upon a or systems; and
‘‘SEC. 2232. DEFINITIONS.
declaration, the Director shall coordinate— ‘‘(B) technical contract personnel support;
‘‘(1) the asset response activities of each and
‘‘For the purposes of this subtitle:
Federal agency in response to the specific ‘‘(4) advance actions taken by the Sec-
‘‘(1) ASSET RESPONSE ACTIVITY.—The term
significant incident associated with the dec- retary under section 2233(f)(1)(B).
‘asset response activity’ means an activity
laration; and
to support an entity impacted by an incident ‘‘(b) DEPOSITS AND EXPENDITURES.—
‘‘(2) with appropriate entities, which may
with the response to, remediation of, or re- ‘‘(1) IN GENERAL.—Amounts shall be depos-
include—
covery from, the incident, including— ited into the Fund from—
‘‘(A) public and private entities and State
‘‘(A) furnishing technical and advisory as- ‘‘(A) appropriations to the Fund for activi-
and local governments with respect to the
sistance to the entity to protect the assets of ties of the Fund; and
asset response activities of those entities
the entity, mitigate vulnerabilities, and re- ‘‘(B) reimbursement from Federal agencies
and governments; and
duce the related impacts; for the activities described in paragraphs (1),
‘‘(B) Federal, State, local, and Tribal law
‘‘(B) assessing potential risks to the crit- (2), and (4) of subsection (a), which shall only
enforcement agencies with respect to inves-
ical infrastructure sector or geographic re- be from amounts made available in advance
tigations and threat response activities of
gion impacted by the incident, including po- in appropriations Acts for such reimburse-
those law enforcement agencies; and
tential cascading effects of the incident on ment.
‘‘(3) Federal, State, local, and Tribal emer-
other critical infrastructure sectors or geo- ‘‘(2) EXPENDITURES.—Any expenditure from
gency management and response agencies.
graphic regions; the Fund for the purposes of this subtitle
‘‘(c) DURATION.—Subject to subsection (d),
‘‘(C) developing courses of action to miti- a declaration shall terminate upon the ear- shall be made from amounts available in the
gate the risks assessed under subparagraph lier of— Fund from a deposit described in paragraph
(B); ‘‘(1) a determination by the Secretary that (1), and amounts available in the Fund shall
‘‘(D) facilitating information sharing and the declaration is no longer necessary; or be in addition to any other appropriations
operational coordination with entities per- ‘‘(2) the expiration of the 120-day period be- available to the Cybersecurity and Infra-
forming threat response activities; and ginning on the date on which the Secretary structure Security Agency for such purposes.
‘‘(E) providing guidance on how best to use makes the declaration. ‘‘(c) SUPPLEMENT NOT SUPPLANT.—
Federal resources and capabilities in a time- ‘‘(d) RENEWAL.—The Secretary, without Amounts in the Fund shall be used to supple-
ly, effective manner to speed recovery from delegation, may renew a declaration as nec- ment, not supplant, other Federal, State,
the incident. essary. local, or Tribal funding for activities in re-
‘‘(2) DECLARATION.—The term ‘declaration’ ‘‘(e) PUBLICATION.— sponse to a declaration.
means a declaration of the Secretary under ‘‘(1) IN GENERAL.—Not later than 72 hours
section 2233(a)(1). after a declaration or a renewal, the Sec- ‘‘(d) REPORTING.—The Secretary shall re-
‘‘(3) DIRECTOR.—The term ‘Director’ means retary shall publish the declaration or re- quire an entity that receives amounts from
the Director of the Cybersecurity and Infra- newal in the Federal Register. the Fund to submit a report to the Secretary
structure Security Agency. ‘‘(2) PROHIBITION.—A declaration or re- that details the specific use of the amounts.
‘‘(4) FEDERAL AGENCY.—The term ‘Federal newal published under paragraph (1) may not ‘‘SEC. 2235. NOTIFICATION AND REPORTING.
agency’ has the meaning given the term include the name of any affected individual
‘agency’ in section 3502 of title 44, United or private company. ‘‘(a) NOTIFICATION.—Upon a declaration or
States Code. ‘‘(f) ADVANCE ACTIONS.— renewal, the Secretary shall immediately
‘‘(5) FUND.—The term ‘Fund’ means the ‘‘(1) IN GENERAL.—The Secretary— notify the National Cyber Director and ap-
Cyber Response and Recovery Fund estab- ‘‘(A) shall assess the resources available to propriate congressional committees and in-
lished under section 2234(a). respond to a potential declaration; and clude in the notification—
‘‘(6) INCIDENT.—The term ‘incident’ has the ‘‘(B) may take actions before and while a ‘‘(1) an estimation of the planned duration
meaning given the term in section 3552 of declaration is in effect to arrange or procure of the declaration;
title 44, United States Code. additional resources for asset response ac- ‘‘(2) with respect to a notification of a dec-
‘‘(7) RENEWAL.—The term ‘renewal’ means tivities or technical assistance the Secretary laration, the reason for the declaration, in-
a renewal of a declaration under section determines necessary, which may include en- cluding information relating to the specific
2233(d). tering into standby contracts with private significant incident or imminent specific sig-
‘‘(8) SIGNIFICANT INCIDENT.—The term ‘sig- entities for cybersecurity services or inci- nificant incident, including—
nificant incident’— dent responders in the event of a declaration. ‘‘(A) the operational or mission impact or
‘‘(A) means an incident or a group of re- ‘‘(2) EXPENDITURE OF FUNDS.—Any expendi- anticipated impact of the specific significant
lated incidents that results, or is likely to ture from the Fund for the purpose of para- incident on Federal and non-Federal enti-
result, in demonstrable harm to— graph (1)(B) shall be made from amounts ties;
‘‘(i) the national security interests, foreign available in the Fund, and amounts available ‘‘(B) if known, the perpetrator of the spe-
relations, or economy of the United States; in the Fund shall be in addition to any other cific significant incident; and
or appropriations available to the Cybersecu- ‘‘(C) the scope of the Federal and non-Fed-
‘‘(ii) the public confidence, civil liberties, rity and Infrastructure Security Agency for eral entities impacted or anticipated to be
or public health and safety of the people of such purpose. impacted by the specific significant incident;
the United States; and ‘‘SEC. 2234. CYBER RESPONSE AND RECOVERY ‘‘(3) with respect to a notification of a re-
‘‘(B) does not include an incident or a por- FUND. newal, the reason for the renewal;
tion of a group of related incidents that oc- ‘‘(a) IN GENERAL.—There is established a ‘‘(4) justification as to why available re-
ctelli on DSK11ZRN23PROD with SENATE
curs on— Cyber Response and Recovery Fund, which sources, other than the Fund, are insuffi-
‘‘(i) a national security system (as defined shall be available for— cient to respond to or mitigate the specific
in section 3552 of title 44, United States ‘‘(1) the coordination of activities de- significant incident; and
Code); or scribed in section 2233(b); ‘‘(5) a description of the coordination ac-
‘‘(ii) an information system described in ‘‘(2) response and recovery support for the tivities described in section 2233(b) that the
paragraph (2) or (3) of section 3553(e) of title specific significant incident associated with Secretary anticipates the Director to per-
44, United States Code. a declaration to Federal, State, local, and form.
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S7832 CONGRESSIONAL RECORD — SENATE November 4, 2021
‘‘(b) REPORT TO CONGRESS.—Not later than ‘‘Sec. 2235. Notification and reporting. transfer in a manner in accordance with sec-
180 days after the date of a declaration or re- ‘‘Sec. 2236. Rule of construction. tion 5362 of title 5, United States Code;
newal, the Secretary shall submit to the ap- ‘‘Sec. 2237. Authorization of appropriations. (6) provides that an employee serving in a
propriate congressional committees a report ‘‘Sec. 2238. Sunset.’’. position in the excepted service may not
that includes— TITLE III—PERSONNEL transfer to a position in the competitive
‘‘(1) the reason for the declaration or re- Subtitle A—Facilitating Federal Employee service solely by reason of the completion of
newal, including information and intel- Reskilling the Federal reskilling program by the em-
ligence relating to the specific significant in- SEC. 4301. SHORT TITLE. ployee; and
cident that led to the declaration or renewal; This subtitle may be cited as the ‘‘Facili- (7) includes a mechanism to track out-
‘‘(2) the use of any funds from the Fund for tating Federal Employee Reskilling Act’’. comes of the Federal reskilling program in
the purpose of responding to the incident or SEC. 4302. RESKILLING FEDERAL EMPLOYEES.
accordance with the metrics established
threat described in paragraph (1); (a) DEFINITIONS.—In this section: under subsection (c).
‘‘(3) a description of the actions, initia- (c) REPORTING AND METRICS.—Not later
(1) AGENCY.—The term ‘‘agency’’ has the than 1 year after the date of enactment of
tives, and projects undertaken by the De- meaning given the term ‘‘Executive agency’’
partment and State and local governments this Act, the Director shall establish report-
in section 105 of title 5, United States Code. ing requirements for, and standardized
and public and private entities in responding (2) APPROPRIATE COMMITTEES OF CON-
to and recovering from the specific signifi- metrics and procedures for agencies to track
GRESS.—The term ‘‘appropriate committees outcomes of, Federal reskilling programs,
cant incident described in paragraph (1); of Congress’’ means—
‘‘(4) an accounting of the specific obliga- which shall include, with respect to each
(A) the Committee on Homeland Security Federal reskilling program—
tions and outlays of the Fund; and and Governmental Affairs of the Senate; and
‘‘(5) an analysis of— (1) providing a summary of the Federal
(B) the Committee on Oversight and Re- reskilling program;
‘‘(A) the impact of the specific significant form of the House of Representatives.
incident described in paragraph (1) on Fed- (2) collecting and reporting demographic
(3) COMPETITIVE SERVICE.—The term ‘‘com- and employment data with respect to em-
eral and non-Federal entities; petitive service’’ has the meaning given the
‘‘(B) the impact of the declaration or re- ployees who have applied for, participated
term in section 2102 of title 5, United States in, or completed the Federal reskilling pro-
newal on the response to, and recovery from, Code.
the specific significant incident described in gram;
(4) DIRECTOR.—The term ‘‘Director’’ means (3) attrition of employees who have com-
paragraph (1); and the Director of the Office of Personnel Man-
‘‘(C) the impact of the funds made avail- pleted the Federal reskilling program; and
agement. (4) any other measures or outcomes that
able from the Fund as a result of the declara- (5) EMPLOYEE.—The term ‘‘employee’’
tion or renewal on the recovery from, and re- the Director determines to be relevant.
means an employee serving in a position in (d) GAO REPORT.—Not later than 3 years
sponse to, the specific significant incident the competitive service or the excepted serv- after the date of enactment of this Act, the
described in paragraph (1). ice.
‘‘(c) CLASSIFICATION.—Each notification Comptroller General of the United States
(6) EXCEPTED SERVICE.—The term ‘‘ex- shall conduct a comprehensive study of, and
made under subsection (a) and each report
cepted service’’ has the meaning given the submit to Congress a report on, Federal
submitted under subsection (b)—
term in section 2103 of title 5, United States reskilling programs that includes—
‘‘(1) shall be in an unclassified form with
Code. (1) a summary of each Federal reskilling
appropriate markings to indicate informa-
(7) FEDERAL RESKILLING PROGRAM.—The program and methods by which each Federal
tion that is exempt from disclosure under
term ‘‘Federal reskilling program’’ means a reskilling program recruits, selects, and re-
section 552 of title 5, United States Code
program established by the head of an agen- trains employees;
(commonly known as the ‘Freedom of Infor-
cy or the Director to provide employees with (2) an analysis of the accessibility of each
mation Act’); and
the technical skill or expertise that would Federal reskilling program for a diverse set
‘‘(2) may include a classified annex.
‘‘(d) CONSOLIDATED REPORT.—The Sec- qualify the employees to serve in a different of candidates;
retary shall not be required to submit mul- position in the competitive service or the ex- (3) an evaluation of the effectiveness,
tiple reports under subsection (b) for mul- cepted service that requires such technical costs, and benefits of the Federal reskilling
tiple declarations or renewals if the Sec- skill or expertise. programs; and
retary determines that the declarations or (b) REQUIREMENTS.—With respect to a Fed- (4) recommendations to improve Federal
renewals substantively relate to the same eral reskilling program established by the reskilling programs to accomplish the goal
specific significant incident. head of an agency or by the Director before, of reskilling the Federal workforce.
‘‘(e) EXEMPTION.—The requirements of sub- on, or after the date of enactment of this (e) REGULATIONS.—The Director—
chapter I of chapter 35 of title 44 (commonly Act, the agency head or the Director, as ap- (1) not later than 1 year after the date of
known as the ‘Paperwork Reduction Act’) plicable, shall ensure that the Federal enactment of this Act, shall prescribe regu-
shall not apply to the voluntary collection of reskilling program— lations for the reporting requirements and
information by the Department during an in- (1) is implemented in a manner that is in metrics and procedures under subsection (c);
vestigation of, a response to, or an imme- accordance with the bar on prohibited per- (2) may prescribe additional regulations, as
diate post-response review of, the specific sonnel practices under section 2302 of title 5, the Director determines necessary, to pro-
significant incident leading to a declaration United States Code, and consistent with the vide for requirements with respect to, and
or renewal. merit system principles under section 2301 of the implementation of, Federal reskilling
‘‘SEC. 2236. RULE OF CONSTRUCTION. title 5, United States Code, including by programs; and
‘‘Nothing in this subtitle shall be con- using merit-based selection procedures for (3) with respect to any regulation pre-
strued to impair or limit the ability of the participation by employees in the Federal scribed under this subsection, shall brief the
Director to carry out the authorized activi- reskilling program; appropriate committees of Congress with re-
ties of the Cybersecurity and Infrastructure (2) includes appropriate limitations or re- spect to the regulation not later than 30 days
Security Agency. strictions associated with implementing the before the date on which the final version of
‘‘SEC. 2237. AUTHORIZATION OF APPROPRIA- Federal reskilling program, which shall be the regulation is published.
TIONS. consistent with any regulations prescribed (f) RULE OF CONSTRUCTION.—Nothing in this
‘‘There are authorized to be appropriated by the Director under subsection (e); section may be construed to require the head
to the Fund $20,000,000 for fiscal year 2022, (3) provides that any new position to which of an agency or the Director to establish a
which shall remain available until Sep- an employee who participates in the Federal Federal reskilling program.
tember 30, 2028. reskilling program is transferred will utilize (g) USE OF FUNDS.—Any Federal reskilling
‘‘SEC. 2238. SUNSET. the technical skill or expertise that the em- program established by the head of an agen-
‘‘The authorities granted to the Secretary ployee acquired by participating in the Fed- cy or the Director shall be carried out using
or the Director under this subtitle shall ex- eral reskilling program; amounts otherwise made available to that
(4) includes the option for an employee par- agency head or the Director, as applicable.
pire on the date that is 7 years after the date
of enactment of this subtitle.’’. ticipating in the Federal reskilling program Subtitle B—Federal Rotational Cyber
(b) CLERICAL AMENDMENT.—The table of to return to the original position of the em- Workforce Program
contents in section 1(b) of the Homeland Se- ployee, or a similar position, particularly if SEC. 4351. SHORT TITLE.
curity Act of 2002 (Public Law 107–296; 116 the employee is unsuccessful in the position This subtitle may be cited as the ‘‘Federal
Stat. 2135) is amended by adding at the end to which the employee transfers after com- Rotational Cyber Workforce Program Act of
the following: pleting the Federal reskilling program; 2021’’.
ctelli on DSK11ZRN23PROD with SENATE
‘‘Subtitle C—Declaration of a Significant (5) provides that an employee who success- SEC. 4352. DEFINITIONS.
Incident fully completes the Federal reskilling pro- In this subtitle:
‘‘Sec. 2231. Sense of Congress. gram and transfers to a position that re- (1) AGENCY.—The term ‘‘agency’’ has the
‘‘Sec. 2232. Definitions. quires the technical skill or expertise pro- meaning given the term ‘‘Executive agency’’
‘‘Sec. 2233. Declaration. vided through the Federal reskilling pro- in section 105 of title 5, United States Code,
‘‘Sec. 2234. Cyber response and recovery gram shall be entitled to have the grade of except that the term does not include the
fund. the position held immediately before the Government Accountability Office.
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7833
(2) COMPETITIVE SERVICE.—The term ‘‘com- (c) DISTRIBUTION OF LIST.—Not less fre- employee were detailed under a provision of
petitive service’’ has the meaning given that quently than annually, the Director shall law other than this subtitle from the em-
term in section 2102 of title 5, United States distribute an updated list developed under ploying agency to the agency in which the
Code. subsection (b) to the head of each agency and rotational cyber workforce position is lo-
(3) COUNCILS.—The term ‘‘Councils’’ other appropriate entities. cated;
means— SEC. 4354. ROTATIONAL CYBER WORKFORCE (10) provide that participation by an em-
(A) the Chief Human Capital Officers Coun- PROGRAM. ployee in the rotational cyber workforce pro-
cil established under section 1303 of the Chief (a) OPERATION PLAN.— gram shall not constitute a change in the
Human Capital Officers Act of 2002 (5 U.S.C. (1) IN GENERAL.—Not later than 270 days conditions of the employment of the em-
1401 note); and after the date of enactment of this Act, and ployee; and
(B) the Chief Information Officers Council in consultation with the Councils, the Sec- (11) provide that an employee participating
established under section 3603 of title 44, retary, representatives of other agencies, in the rotational cyber workforce program
United States Code. and any other entity as the Director deter- shall receive performance evaluations relat-
(4) CYBER WORKFORCE POSITION.—The term mines appropriate, the Director shall de- ing to service in the rotational cyber work-
‘‘cyber workforce position’’ means a position velop and issue a Federal Rotational Cyber force program in a participating agency that
identified as having information technology, Workforce Program operation plan providing are—
cybersecurity, or other cyber-related func- policies, processes, and procedures for a pro- (A) prepared by an appropriate officer, su-
tions under section 303 of the Federal Cyber- gram for the detailing of employees among pervisor, or management official of the em-
security Workforce Assessment Act of 2015 (5 rotational cyber workforce positions at ploying agency, acting in coordination with
U.S.C. 301 note). agencies, which may be incorporated into the supervisor at the agency in which the
(5) DIRECTOR.—The term ‘‘Director’’ means and implemented through mechanisms in ex- employee is performing service in the rota-
the Director of the Office of Personnel Man- istence on the date of enactment of this Act. tional cyber workforce position;
agement. (2) UPDATING.—The Director may, in con- (B) based on objectives identified in the op-
(6) EMPLOYEE.—The term ‘‘employee’’ has sultation with the Councils, the Secretary, eration plan with respect to the employee;
the meaning given the term in section 2105 of and other entities as the Director determines and
title 5, United States Code. appropriate, periodically update the oper- (C) based in whole or in part on the con-
(7) EMPLOYING AGENCY.—The term ‘‘em- ation plan developed and issued under para- tribution of the employee to the agency in
ploying agency’’ means the agency from graph (1). which the employee performed such service,
which an employee is detailed to a rotational (b) REQUIREMENTS.—The operation plan de- as communicated from that agency to the
cyber workforce position. veloped and issued under subsection (a) shall, employing agency of the employee.
(8) EXCEPTED SERVICE.—The term ‘‘ex- at a minimum— (c) PROGRAM REQUIREMENTS FOR ROTA-
cepted service’’ has the meaning given that (1) identify agencies for participation in TIONAL SERVICE.—
term in section 2103 of title 5, United States the rotational cyber workforce program; (1) IN GENERAL.—An employee serving in a
Code. (2) establish procedures for the rotational cyber workforce position in an agency may,
(9) ROTATIONAL CYBER WORKFORCE POSI- cyber workforce program, including— with the approval of the head of the agency,
TION.—The term ‘‘rotational cyber workforce (A) any training, education, or career de- submit an application for detail to a rota-
position’’ means a cyber workforce position velopment requirements associated with par- tional cyber workforce position that appears
with respect to which a determination has ticipation in the rotational cyber workforce on the list developed under section 4353(b).
been made under section 4353(a)(1). program; (2) OPM APPROVAL FOR CERTAIN POSI-
(10) ROTATIONAL CYBER WORKFORCE PRO- (B) any prerequisites or requirements for TIONS.—An employee serving in a position in
GRAM.—The term ‘‘rotational cyber work- participation in the rotational cyber work- the excepted service may only be selected for
force program’’ means the program for the force program; and a rotational cyber workforce position that is
detail of employees among rotational cyber (C) appropriate rotational cyber workforce in the competitive service with the prior ap-
workforce positions at agencies. program performance measures, reporting proval of the Office of Personnel Manage-
(11) SECRETARY.—The term ‘‘Secretary’’ requirements, employee exit surveys, and ment, in accordance with section 300.301 of
means the Secretary of Homeland Security. other accountability devices for the evalua- title 5, Code of Federal Regulations, or any
SEC. 4353. ROTATIONAL CYBER WORKFORCE PO- tion of the program; successor thereto.
SITIONS. (3) provide that participation in the rota- (3) SELECTION AND TERM.—
(a) DETERMINATION WITH RESPECT TO ROTA- tional cyber workforce program by an em- (A) SELECTION.—The head of an agency
TIONAL SERVICE.— ployee shall be voluntary; shall select an employee for a rotational
(1) IN GENERAL.—The head of each agency (4) provide that an employee shall be eligi- cyber workforce position under the rota-
may determine that a cyber workforce posi- ble to participate in the rotational cyber tional cyber workforce program in a manner
tion in that agency is eligible for the rota- workforce program if the head of the em- that is consistent with the merit system
tional cyber workforce program, which shall ploying agency of the employee, or a des- principles under section 2301(b) of title 5,
not be construed to modify the requirement ignee of the head of the employing agency of United States Code.
under section 4354(b)(3) that participation in the employee, approves of the participation (B) TERM.—Except as provided in subpara-
the rotational cyber workforce program by of the employee; graph (C), and notwithstanding section
an employee shall be voluntary. (5) provide that the detail of an employee 3341(b) of title 5, United States Code, a detail
(2) NOTICE PROVIDED.—The head of an agen- to a rotational cyber workforce position to a rotational cyber workforce position
cy shall submit to the Director— under the rotational cyber workforce pro- shall be for a period of not less than 180 days
(A) notice regarding any determination gram shall be on a nonreimbursable basis; and not more than 1 year.
made by the head of the agency under para- (6) provide that agencies may agree to (C) EXTENSION.—The Chief Human Capital
graph (1); and partner to ensure that the employing agency Officer of the agency to which an employee
(B) for each position with respect to which of an employee who participates in the rota- is detailed under the rotational cyber work-
the head of the agency makes a determina- tional cyber workforce program is able to fill force program may extend the period of a de-
tion under paragraph (1), the information re- the position vacated by the employee; tail described in subparagraph (B) for a pe-
quired under subsection (b)(1). (7) require that an employee detailed to a riod of 60 days unless the Chief Human Cap-
(b) PREPARATION OF LIST.—The Director, rotational cyber workforce position under ital Officer of the employing agency of the
with assistance from the Councils and the the rotational cyber workforce program, employee objects to that extension.
Secretary, shall develop a list of rotational upon the end of the period of service with re- (4) WRITTEN SERVICE AGREEMENTS.—
cyber workforce positions that— spect to the detail, shall be entitled to re- (A) IN GENERAL.—The detail of an employee
(1) with respect to each such position, to turn to the position held by the employee, or to a rotational cyber workforce position
the extent that the information does not dis- an equivalent position, in the employing shall be contingent upon the employee enter-
close sensitive national security informa- agency of the employee without loss of pay, ing into a written service agreement with
tion, includes— seniority, or other rights or benefits to the employing agency under which the em-
(A) the title of the position; which the employee would have been enti- ployee is required to complete a period of
(B) the occupational series with respect to tled had the employee not been detailed; employment with the employing agency fol-
the position; (8) provide that discretion with respect to lowing the conclusion of the detail that is
(C) the grade level or work level with re- the assignment of an employee under the ro- equal in length to the period of the detail.
spect to the position; tational cyber workforce program shall re- (B) OTHER AGREEMENTS AND OBLIGATIONS.—
(D) the agency in which the position is lo- main with the employing agency of the em- A written service agreement under subpara-
ctelli on DSK11ZRN23PROD with SENATE
cated; ployee; graph (A) shall not supersede or modify the
(E) the duty location with respect to the (9) require that an employee detailed to a terms or conditions of any other service
position; and rotational cyber workforce position under agreement entered into by the employee
(F) the major duties and functions of the the rotational cyber workforce program in under any other authority or relieve the ob-
position; and an agency that is not the employing agency ligations between the employee and the em-
(2) shall be used to support the rotational of the employee shall have all the rights that ploying agency under such a service agree-
cyber workforce program. would be available to the employee if the ment. Nothing in this subparagraph prevents
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S7834 CONGRESSIONAL RECORD — SENATE November 4, 2021
an employing agency from terminating a mined by the Secretary of Homeland Secu- (1) IN GENERAL.—Beginning on the date
service agreement entered into under any rity. that is 2 years after the date of the enact-
other authority under the terms of such (E) Any subsidiary or affiliate of an entity ment of this Act, no Federal department or
agreement or as required by law or regula- described in subparagraphs (A) through (D). agency may operate a covered unmanned air-
tion. (2) COVERED UNMANNED AIRCRAFT SYSTEM.— craft system manufactured or assembled by
SEC. 4355. REPORTING BY GAO. The term ‘‘covered unmanned aircraft sys- a covered foreign entity.
Not later than the end of the third fiscal tem’’ has the meaning given the term ‘‘un- (2) APPLICABILITY TO CONTRACTED SERV-
year after the fiscal year in which the oper- manned aircraft system’’ in section 44801 of ICES.—The prohibition under paragraph (1)
ation plan under section 4354(a) is issued, the title 49, United States Code. applies to any covered unmanned aircraft
Comptroller General of the United States SEC. 4403. PROHIBITION ON PROCUREMENT OF systems that are being used by any executive
shall submit to Congress a report assessing COVERED UNMANNED AIRCRAFT agency through the method of contracting
the operation and effectiveness of the rota- SYSTEMS FROM COVERED FOREIGN for the services of covered unmanned aircraft
ENTITIES. systems.
tional cyber workforce program, which shall
address, at a minimum— (a) IN GENERAL.—Except as provided under
(b) EXEMPTION.—The Secretary of Home-
(1) the extent to which agencies have par- subsections (b) though (f), the head of an ex-
land Security, the Secretary of Defense, and
ticipated in the rotational cyber workforce ecutive agency may not procure any covered
the Attorney General are exempt from the
program, including whether the head of each unmanned aircraft system that are manufac-
restriction under subsection (a) if the oper-
such participating agency has— tured or assembled by a covered foreign enti-
ation or procurement—
(A) identified positions within the agency ty, which includes associated elements (con-
(1) is for the sole purposes of research,
that are rotational cyber workforce posi- sisting of communication links and the com- evaluation, training, testing, or analysis
tions; ponents that control the unmanned aircraft) for—
(B) had employees from other participating that are required for the operator to operate (A) electronic warfare;
agencies serve in positions described in sub- safely and efficiently in the national air- (B) information warfare operations;
paragraph (A); and space system. The Federal Acquisition Secu- (C) development of UAS or counter-UAS
(C) had employees of the agency request to rity Council, in coordination with the Sec- technology;
serve in rotational cyber workforce positions retary of Transportation, shall develop and (D) counterterrorism or counterintel-
under the rotational cyber workforce pro- update a list of associated elements. ligence activities; or
(b) EXEMPTION.—The Secretary of Home-
gram in participating agencies, including a (E) Federal criminal or national security
land Security, the Secretary of Defense, and
description of how many such requests were investigations, including forensic examina-
the Attorney General are exempt from the
approved; and tions; and
restriction under subsection (a) if the oper-
(2) the experiences of employees serving in (2) is required in the national interest of
ation or procurement—
rotational cyber workforce positions under the United States.
(1) is for the sole purposes of research,
the rotational cyber workforce program, in- (c) FEDERAL AVIATION ADMINISTRATION
evaluation, training, testing, or analysis
cluding an assessment of— CENTER OF EXCELLENCE FOR UNMANNED AIR-
for—
(A) the period of service; CRAFT SYSTEMS EXEMPTION.—The Secretary
(A) electronic warfare;
(B) the positions (including grade level and of Transportation, in consultation with the
(B) information warfare operations;
occupational series or work level) held by Secretary of Homeland Security, is exempt
(C) development of UAS or counter-UAS
employees before completing service in a ro- from the restriction under subsection (a) if
technology;
tational cyber workforce position under the the operation or procurement is for the sole
(D) counterterrorism or counterintel-
rotational cyber workforce program; purposes of research, evaluation, training,
ligence activities; or
(C) the extent to which each employee who testing, or analysis for the Federal Aviation
(E) Federal criminal or national security
completed service in a rotational cyber Administration’s Alliance for System Safety
investigations, including forensic examina-
workforce position under the rotational of UAE through Research Excellence (AS-
tions; and
cyber workforce program achieved a higher SURE) Center of Excellence (COE) for Un-
(2) is required in the national interest of
skill level, or attained a skill level in a dif- manned Aircraft Systems.
the United States.
ferent area, with respect to information (d) NATIONAL TRANSPORTATION SAFETY
(c) FEDERAL AVIATION ADMINISTRATION
technology, cybersecurity, or other cyber-re- BOARD EXEMPTION.—The National Transpor-
CENTER OF EXCELLENCE FOR UNMANNED AIR-
lated functions; and tation Safety Board (NTSB), in consultation
CRAFT SYSTEMS EXEMPTION.—The Secretary
(D) the extent to which service in rota- with the Secretary of Homeland Security, is
of Transportation, in consultation with the
tional cyber workforce positions has affected exempt from the restriction under sub-
Secretary of Homeland Security, is exempt
intra-agency and interagency integration section (a) if the operation or procurement is
from the restriction under subsection (a) if
and coordination of cyber practices, func- necessary for the sole purpose of conducting
the operation or procurement is for the sole
tions, and personnel management. safety investigations.
purposes of research, evaluation, training,
SEC. 4356. SUNSET. testing, or analysis for the Federal Aviation (e) NATIONAL OCEANIC ATMOSPHERIC ADMIN-
Effective 5 years after the date of enact- Administration’s Alliance for System Safety ISTRATION EXEMPTION.—The Administrator of
ment of this Act, this subtitle is repealed. of UAS through Research Excellence (AS- the National Oceanic Atmospheric Adminis-
TITLE IV—OTHER MATTERS SURE) Center of Excellence (COE) for Un- tration (NOAA), in consultation with the
Subtitle A—Ensuring Security of Unmanned manned Aircraft Systems. Secretary of Homeland Security, is exempt
Aircraft Systems (d) NATIONAL TRANSPORTATION SAFETY from the restriction under subsection (a) if
SEC. 4401. SHORT TITLE.
BOARD EXEMPTION.—The National Transpor- the operation or procurement is necessary
tation Safety Board (NTSB), in consultation for the sole purpose of marine or atmos-
This subtitle may be cited as the ‘‘Amer-
with the Secretary of Homeland Security, is pheric science or management.
ican Security Drone Act of 2021’’.
exempt from the restriction under sub- (f) WAIVER.—The head of an executive
SEC. 4402. DEFINITIONS.
section (a) if the operation or procurement is agency may waive the prohibition under sub-
In this subtitle: necessary for the sole purpose of conducting
(1) COVERED FOREIGN ENTITY.—The term section (a) on a case-by-case basis—
safety investigations. (1) with the approval of the Secretary of
‘‘covered foreign entity’’ means an entity in- (e) NATIONAL OCEANIC ATMOSPHERIC ADMIN-
cluded on a list developed and maintained by Homeland Security or the Secretary of De-
ISTRATION EXEMPTION.—The Administrator of
the Federal Acquisition Security Council. fense; and
the National Oceanic Atmospheric Adminis- (2) upon notification to Congress.
This list will include entities in the fol- tration (NOAA), in consultation with the
lowing categories: Secretary of Homeland Security, is exempt (g) REGULATIONS AND GUIDANCE.—Not later
(A) An entity included on the Consolidated from the restriction under subsection (a) if than 180 days after the date of the enactment
Screening List. the operation or procurement is necessary of this Act, the Secretary of Homeland Secu-
(B) Any entity that is subject to for the sole purpose of marine or atmos- rity shall prescribe regulations or guidance
extrajudicial direction from a foreign gov- pheric science or management. to implement this section.
ernment, as determined by the Secretary of (f) WAIVER.—The head of an executive SEC. 4405. PROHIBITION ON USE OF FEDERAL
Homeland Security. agency may waive the prohibition under sub- FUNDS FOR PURCHASES AND OPER-
(C) Any entity the Secretary of Homeland section (a) on a case-by-case basis— ATION OF COVERED UNMANNED
Security, in coordination with the Director AIRCRAFT SYSTEMS FROM COVERED
(1) with the approval of the Secretary of
of National Intelligence and the Secretary of FOREIGN ENTITIES.
Homeland Security or the Secretary of De-
ctelli on DSK11ZRN23PROD with SENATE
Defense, determines poses a national secu- fense; and (a) IN GENERAL.—Beginning on the date
rity risk. (2) upon notification to Congress. that is 2 years after the date of the enact-
(D) Any entity domiciled in the People’s SEC. 4404. PROHIBITION ON OPERATION OF COV- ment of this Act, except as provided in sub-
Republic of China or subject to influence or ERED UNMANNED AIRCRAFT SYS- section (b), no Federal funds awarded
control by the Government of the People’s TEMS FROM COVERED FOREIGN EN- through a contract, grant, or cooperative
Republic of China or the Communist Party TITIES. agreement, or otherwise made available may
of the People’s Republic of China, as deter- (a) PROHIBITION.— be used—
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7835
(1) to purchase a covered unmanned air- General of the United States shall submit to (3) In the case of a head of the procuring
craft system, or a system to counter un- Congress a report on the amount of commer- department or agency determining, in writ-
manned aircraft systems, that is manufac- cial off-the-shelf drones and covered un- ing, that no product that complies with the
tured or assembled by a covered foreign enti- manned aircraft systems procured by Fed- information security requirements described
ty; or eral departments and agencies from covered in subsection (b) is capable of fulfilling mis-
(2) in connection with the operation of foreign entities. sion critical performance requirements, and
such a drone or unmanned aircraft system. SEC. 4409. GOVERNMENT-WIDE POLICY FOR PRO- such determination—
(b) EXEMPTION.—A Federal department or CUREMENT OF UNMANNED AIR- (A) may not be delegated below the level of
agency is exempt from the restriction under CRAFT SYSTEMS. the Deputy Secretary of the procuring de-
subsection (a) if— (a) IN GENERAL.—Not later than 180 days partment or agency;
(1) the contract, grant, or cooperative after the date of the enactment of this Act, (B) shall specify—
agreement was awarded prior to the date of the Director of the Office of Management (i) the quantity of end items to which the
the enactment of this Act; or and Budget, in coordination with the Depart- waiver applies, the procurement value of
(2) the operation or procurement is for the ment of Homeland Security, Department of which may not exceed $50,000 per waiver; and
sole purposes of research, evaluation, train- Transportation, the Department of Justice, (ii) the time period over which the waiver
ing, testing, or analysis, as determined by and other Departments as determined by the applies, which shall not exceed 3 years;
the Secretary of Homeland Security, the Director of the Office of Management and (C) shall be reported to the Office of Man-
Secretary of Defense, or the Attorney Gen- Budget, and in consultation with the Na- agement and Budget following issuance of
eral, for— tional Institute of Standards and Tech- such a determination; and
(A) electronic warfare; nology, shall establish a government-wide (D) not later than 30 days after the date on
(B) information warfare operations; policy for the procurement of UAS— which the determination is made, shall be
(C) development of UAS or counter-UAS (1) for non-Department of Defense and non- provided to the Committee on Homeland Se-
technology; intelligence community operations; and curity and Governmental Affairs of the Sen-
(D) counterterrorism or counterintel- (2) through grants and cooperative agree- ate and the Committee on Oversight and Re-
ligence activities; or ments entered into with non-Federal enti- form of the House of Representatives.
(E) Federal criminal or national security ties. SEC. 4410. STUDY.
investigations, including forensic examina- (b) INFORMATION SECURITY.—The policy de- (a) INDEPENDENT STUDY.—Not later than 3
tions; or veloped under subsection (a) shall include years after the date of the enactment of this
(F) the safe integration of UAS in the na- the following specifications, which to the ex- Act, the Director of the Office of Manage-
tional airspace (as determined in consulta- tent practicable, shall be based on industry ment and Budget shall seek to enter into a
tion with the Secretary of Transportation); standards and technical guidance from the contract with a federally funded research
and National Institute of Standards and Tech- and development center under which the cen-
(3) is required in the national interest of nology, to address the risks associated with ter will conduct a study of—
the United States. processing, storing and transmitting Federal (1) the current and future unmanned air-
(c) WAIVER.—The head of an executive information in a UAS: craft system global and domestic market;
agency may waive the prohibition under sub- (1) Protections to ensure controlled access (2) the ability of the unmanned aircraft
section (a) on a case-by-case basis— of UAS. system domestic market to keep pace with
(1) with the approval of the Secretary of (2) Protecting software, firmware, and technological advancements across the in-
Homeland Security or the Secretary of De- hardware by ensuring changes to UAS are dustry;
fense; and properly managed, including by ensuring (3) the ability of domestically made un-
(2) upon notification to Congress. UAS can be updated using a secure, con- manned aircraft systems to meet the net-
(d) REGULATIONS.—Not later than 180 days trolled, and configurable mechanism. work security and data protection require-
after the date of the enactment of this Act, (3) Cryptographically securing sensitive ments of the national security enterprise;
the Federal Acquisition Regulatory Council collected, stored, and transmitted data, in- (4) the extent to which unmanned aircraft
shall prescribe regulations or guidance, as cluding proper handling of privacy data and system component parts, such as the parts
necessary, to implement the requirements of other controlled unclassified information. described in section 4403, are made domesti-
this section pertaining to Federal contracts. (4) Appropriate safeguards necessary to cally; and
protect sensitive information, including dur- (5) an assessment of the economic impact,
SEC. 4406. PROHIBITION ON USE OF GOVERN-
MENT-ISSUED PURCHASE CARDS TO ing and after use of UAS. including cost, of excluding the use of for-
PURCHASE COVERED UNMANNED (5) Appropriate data security to ensure eign-made UAS for use across the Federal
AIRCRAFT SYSTEMS FROM COVERED that data is not transmitted to or stored in Government.
FOREIGN ENTITIES. non-approved locations. (b) SUBMISSION TO OMB.—Upon completion
Effective immediately, Government-issued (6) The ability to opt out of the uploading, of the study in subsection (a), the federally
Purchase Cards may not be used to procure downloading, or transmitting of data that is funded research and development center
any covered unmanned aircraft system from not required by law or regulation and an shall submit the study to the Director of the
a covered foreign entity. ability to choose with whom and where in- Office of Management and Budget.
(c) SUBMISSION TO CONGRESS.—Not later
SEC. 4407. MANAGEMENT OF EXISTING INVEN- formation is shared when it is required.
TORIES OF COVERED UNMANNED (c) REQUIREMENT.—The policy developed than 30 days after the date on which the Di-
AIRCRAFT SYSTEMS FROM COVERED under subsection (a) shall reflect an appro- rector of the Office of Management and
FOREIGN ENTITIES. Budget receives the study under subsection
priate risk-based approach to information
(a) IN GENERAL.—Effective immediately, (b), the Director shall submit the study to—
security related to use of UAS.
all executive agencies must account for ex- (d) REVISION OF ACQUISITION REGULA- (1) the Committee on Homeland Security
isting inventories of covered unmanned air- TIONS.—Not later than 180 days after the date
and Governmental Affairs and the Select
craft systems manufactured or assembled by on which the policy required under sub- Committee on Intelligence of the Senate;
a covered foreign entity in their personal section (a) is issued— and
property accounting systems, regardless of (1) the Federal Acquisition Regulatory (2) the Committee on Homeland Security
the original procurement cost, or the pur- and the Committee on Oversight and Reform
Council shall revise the Federal Acquisition
pose of procurement due to the special moni- and the Permanent Select Committee on In-
Regulation, as necessary, to implement the
toring and accounting measures necessary to telligence of the House of Representatives.
policy; and
track the items’ capabilities. SEC. 4411. SUNSET.
(2) any Federal department or agency or
(b) CLASSIFIED TRACKING.—Due to the sen- other Federal entity not subject to, or not Sections 4403, 4404, and 4405 shall cease to
sitive nature of missions and operations con- subject solely to, the Federal Acquisition have effect on the date that is 5 years after
ducted by the United States Government, in- the date of the enactment of this Act.
Regulation shall revise applicable policy,
ventory data related to covered unmanned guidance, or regulations, as necessary, to im- Subtitle B—No TikTok on Government
aircraft systems manufactured or assembled plement the policy. Devices
by a covered foreign entity may be tracked (e) EXEMPTION.—In developing the policy SEC. 4431. SHORT TITLE.
at a classified level. required under subsection (a), the Director of This subtitle may be cited as the ‘‘No
(c) EXCEPTIONS.—The Department of De- the Office of Management and Budget shall TikTok on Government Devices Act’’.
fense and Department of Homeland Security incorporate an exemption to the policy for SEC. 4432. PROHIBITION ON THE USE OF TIKTOK.
may exclude from the full inventory process, the following reasons: (a) DEFINITIONS.—In this section—
covered unmanned aircraft systems that are (1) In the case of procurement for the pur- (1) the term ‘‘covered application’’ means
ctelli on DSK11ZRN23PROD with SENATE
deemed expendable due to mission risk such poses of training, testing, or analysis for— the social networking service TikTok or any
as recovery issues or that are one-time-use (A) electronic warfare; or successor application or service developed or
covered unmanned aircraft due to require- (B) information warfare operations. provided by ByteDance Limited or an entity
ments and low cost. (2) In the case of researching UAS tech- owned by ByteDance Limited;
SEC. 4408. COMPTROLLER GENERAL REPORT. nology, including testing, evaluation, re- (2) the term ‘‘executive agency’’ has the
Not later than 275 days after the date of search, or development of technology to meaning given that term in section 133 of
the enactment of this Act, the Comptroller counter UAS. title 41, United States Code; and
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S7836 CONGRESSIONAL RECORD — SENATE November 4, 2021
(3) the term ‘‘information technology’’ has uation described in section 9002(b)(2) of title (B) DEVELOPMENT.—The term ‘‘develop-
the meaning given that term in section 11101 XC of division H of the William M. (Mac) ment’’ means experimental development.
of title 40, United States Code. Thornberry National Defense Authorization (C) EXPERIMENTAL DEVELOPMENT.—The
(b) PROHIBITION ON THE USE OF TIKTOK.— Act for Fiscal Year 2021 (Public Law 116–283). term ‘‘experimental development’’ means
(1) IN GENERAL.—Not later than 60 days ‘‘(2) NATIONAL CRITICAL INFRASTRUCTURE creative and systematic work, drawing upon
after the date of the enactment of this Act, RESILIENCE STRATEGY.— knowledge gained from research and prac-
the Director of the Office of Management ‘‘(A) IN GENERAL.—Not later than 1 year tical experience, which—
and Budget, in consultation with the Admin- after the date on which the Secretary deliv- (i) is directed toward the production of new
istrator of General Services, the Director of ers each report required under paragraph (1), products or processes or improving existing
the Cybersecurity and Infrastructure Secu- the President shall deliver to majority and products or processes; and
rity Agency, the Director of National Intel- minority leaders of the Senate, the Speaker (ii) like research, will result in gaining ad-
ligence, and the Secretary of Defense, and and minority leader of the House of Rep- ditional knowledge.
consistent with the information security re- resentatives, the Committee on Homeland (D) RESEARCH.—The term ‘‘research’’—
quirements under subchapter II of chapter 35 Security and Governmental Affairs of the (i) means a systematic study directed to-
of title 44, United States Code, shall develop Senate, and the Committee on Homeland Se- ward fuller scientific knowledge or under-
standards and guidelines for executive agen- curity of the House of Representatives a na- standing of the subject studied; and
cies requiring the removal of any covered ap- tional critical infrastructure resilience (ii) includes activities involving the train-
plication from information technology. strategy designed to address the risks identi- ing of individuals in research techniques if
(2) NATIONAL SECURITY AND RESEARCH EX- fied by the Secretary. such activities—
CEPTIONS.—The standards and guidelines de- ‘‘(B) ELEMENTS.—Each strategy delivered (I) utilize the same facilities as other re-
veloped under paragraph (1) shall include— under subparagraph (A) shall— search and development activities; and
(A) exceptions for law enforcement activi- ‘‘(i) identify, assess, and prioritize areas of (II) are not included in the instruction
ties, national security interests and activi- risk to critical infrastructure that would function.
ties, and security researchers; and compromise or disrupt national critical SEC. 4493. FEDERAL RESEARCH SECURITY COUN-
(B) for any authorized use of a covered ap- functions impacting national security, eco- CIL.
plication under an exception, requirements nomic security, or public health and safety; (a) IN GENERAL.—Subtitle V of title 31,
for executive agencies to develop and docu- ‘‘(ii) assess the implementation of the pre- United States Code, is amended by adding at
ment risk mitigation actions for such use. vious national critical infrastructure resil- the end the following:
Subtitle C—National Risk Management ience strategy, as applicable; ‘‘CHAPTER 79—FEDERAL RESEARCH
SEC. 4461. SHORT TITLE. ‘‘(iii) identify and outline current and pro- SECURITY COUNCIL
This subtitle may be cited as the ‘‘Na- posed national-level actions, programs, and ‘‘Sec.
tional Risk Management Act of 2021’’. efforts to be taken to address the risks iden- ‘‘7901. Definitions.
SEC. 4462. NATIONAL RISK MANAGEMENT CYCLE. tified; ‘‘7902. Federal Research Security Council es-
(a) IN GENERAL.—Subtitle A of title XXII of ‘‘(iv) identify the Federal departments or tablishment and membership.
the Homeland Security Act of 2002 (6 U.S.C. agencies responsible for leading each na- ‘‘7903. Functions and authorities.
651 et seq.) is amended by adding at the end tional-level action, program, or effort and ‘‘7904. Strategic plan.
the following: the relevant critical infrastructure sectors ‘‘7905. Annual report.
‘‘SEC. 2218.NATIONAL RISK MANAGEMENT for each; and ‘‘7906. Requirements for Executive agencies.
CYCLE. ‘‘(v) request any additional authorities ‘‘§ 7901. Definitions
‘‘(a) NATIONAL CRITICAL FUNCTIONS DE- necessary to successfully execute the strat- ‘‘In this chapter:
FINED.—In this section, the term ‘national egy. ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT-
critical functions’ means the functions of ‘‘(C) FORM.—Each strategy delivered under TEES.—The term ‘appropriate congressional
government and the private sector so vital subparagraph (A) shall be unclassified, but
to the United States that their disruption, committees’ means—
may contain a classified annex. ‘‘(A) the Committee on Homeland Security
corruption, or dysfunction would have a de- ‘‘(3) CONGRESSIONAL BRIEFING.—Not later
bilitating effect on security, national eco- and Governmental Affairs of the Senate;
than 1 year after the date on which the ‘‘(B) the Committee on Commerce,
nomic security, national public health or President delivers the first strategy required
safety, or any combination thereof. Science, and Transportation of the Senate;
under paragraph (2)(A), and every year there- ‘‘(C) the Select Committee on Intelligence
‘‘(b) NATIONAL RISK MANAGEMENT CYCLE.—
after, the Secretary, in coordination with of the Senate;
‘‘(1) RISK IDENTIFICATION AND ASSESS-
MENT.—
Sector Risk Management Agencies, shall ‘‘(D) the Committee on Foreign Relations
‘‘(A) IN GENERAL.—The Secretary, acting brief the appropriate congressional commit- of the Senate;
through the Director, shall establish a recur- tees on— ‘‘(E) the Committee on Armed Services of
ring process by which to identify, assess, and ‘‘(A) the national risk management cycle the Senate;
prioritize risks to critical infrastructure, activities undertaken pursuant to the strat- ‘‘(F) the Committee on Health, Education,
considering both cyber and physical threats, egy; and Labor, and Pensions of the Senate;
the associated likelihoods, vulnerabilities, ‘‘(B) the amounts and timeline for funding ‘‘(G) the Committee on Oversight and Re-
and consequences, and the resources nec- that the Secretary has determined would be form of the House of Representatives;
essary to address them. necessary to address risks and successfully ‘‘(H) the Committee on Homeland Security
‘‘(B) CONSULTATION.—In establishing the execute the full range of activities proposed of the House of Representatives;
process required under subparagraph (A), the by the strategy.’’. ‘‘(I) the Committee on Energy and Com-
Secretary shall consult with, and request (b) TECHNICAL AND CONFORMING AMEND- merce of the House of Representatives;
and collect information to support analysis MENT.—The table of contents in section 1(b) ‘‘(J) the Permanent Select Committee on
from, Sector Risk Management Agencies, of the Homeland Security Act of 2002 (Public Intelligence of the House of Representatives;
critical infrastructure owners and operators, Law 107–296; 116 Stat. 2135) is amended by in- ‘‘(K) the Committee on Foreign Affairs of
the Assistant to the President for National serting after the item relating to section 2217 the House of Representatives;
Security Affairs, the Assistant to the Presi- the following: ‘‘(L) the Committee on Armed Services of
dent for Homeland Security, and the Na- ‘‘Sec. 2218. National risk management the House of Representatives; and
tional Cyber Director. cycle.’’. ‘‘(M) the Committee on Education and
‘‘(C) PUBLICATION.—Not later than 180 days Subtitle D—Safeguarding American Labor of the House of Representatives.
after the date of enactment of this section, Innovation ‘‘(2) COUNCIL.—The term ‘Council’ means
the Secretary shall publish in the Federal the Federal Research Security Council es-
SEC. 4491. SHORT TITLE.
Register procedures for the process estab- tablished under section 7902(a).
lished under subparagraph (A), subject to This subtitle may be cited as the ‘‘Safe- ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu-
any redactions the Secretary determines are guarding American Innovation Act’’. tive agency’ has the meaning given that
necessary to protect classified or other sen- SEC. 4492. DEFINITIONS. term in section 105 of title 5.
sitive information. In this subtitle: ‘‘(4) FEDERAL RESEARCH SECURITY RISK.—
‘‘(D) REPORT.—The Secretary shall submit (1) FEDERAL SCIENCE AGENCY.—The term The term ‘Federal research security risk’
to the President, the Committee on Home- ‘‘Federal science agency’’ means any Federal means the risk posed by malign state actors
land Security and Governmental Affairs of department or agency to which more than and other persons to the security and integ-
the Senate, and the Committee on Homeland $100,000,000 in basic and applied research and rity of research and development conducted
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Security of the House of Representatives a development funds were appropriated for the using research and development funds award-
report on the risks identified by the process previous fiscal year. ed by Executive agencies.
established under subparagraph (A)— (2) RESEARCH AND DEVELOPMENT.— ‘‘(5) INSIDER.—The term ‘insider’ means
‘‘(i) not later than 1 year after the date of (A) IN GENERAL.—The term ‘‘research and any person with authorized access to any
enactment of this section; and development’’ means all research activities, United States Government resource, includ-
‘‘(ii) not later than 1 year after the date on both basic and applied, and all development ing personnel, facilities, information, re-
which the Secretary submits a periodic eval- activities. search, equipment, networks, or systems.
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7837
‘‘(6) INSIDER THREAT.—The term ‘insider ‘‘(G) The Department of Energy. ‘‘(1) Developing and implementing, across
threat’ means the threat that an insider will ‘‘(H) The Department of Commerce. all Executive agencies that award research
use his or her authorized access (wittingly or ‘‘(I) The Department of Health and Human and development grants, awards, and con-
unwittingly) to harm the national and eco- Services. tracts, a uniform application process for
nomic security of the United States or nega- ‘‘(J) The Department of State. grants in accordance with subsection (c).
tively affect the integrity of a Federal agen- ‘‘(K) The Department of Transportation. ‘‘(2) Developing and implementing policies
cy’s normal processes, including damaging ‘‘(L) The National Aeronautics and Space and providing guidance to prevent malign
the United States through espionage, sabo- Administration. foreign interference from unduly influencing
tage, terrorism, unauthorized disclosure of ‘‘(M) The National Science Foundation. the peer review process for federally funded
national security information or nonpublic ‘‘(N) The Department of Education. research and development.
information, a destructive act (which may ‘‘(O) The Small Business Administration. ‘‘(3) Identifying or developing criteria for
include physical harm to another in the ‘‘(P) The Council of Inspectors General on sharing among Executive agencies and with
workplace), or through the loss or degrada- Integrity and Efficiency. law enforcement and other agencies, as ap-
tion of departmental resources, capabilities, ‘‘(Q) Other Executive agencies, as deter- propriate, information regarding individuals
and functions. mined by the Chairperson of the Council. who violate disclosure policies and other
‘‘(7) RESEARCH AND DEVELOPMENT.— ‘‘(2) LEAD REPRESENTATIVES.— policies related to research security.
‘‘(A) IN GENERAL.—The term ‘research and ‘‘(A) DESIGNATION.—Not later than 45 days ‘‘(4) Identifying an appropriate Executive
development’ means all research activities, after the date of the enactment of the Safe- agency—
both basic and applied, and all development guarding American Innovation Act, the head ‘‘(A) to accept and protect information
activities. of each agency represented on the Council submitted by Executive agencies and non-
‘‘(B) DEVELOPMENT.—The term ‘develop- shall designate a representative of that agen- Federal entities based on the process estab-
ment’ means experimental development. cy as the lead representative of the agency lished pursuant to paragraph (1); and
‘‘(C) EXPERIMENTAL DEVELOPMENT.—The on the Council. ‘‘(B) to facilitate the sharing of informa-
term ‘experimental development’ means cre- ‘‘(B) FUNCTIONS.—The lead representative tion received under subparagraph (A) to sup-
ative and systematic work, drawing upon of an agency designated under subparagraph port, consistent with Federal law—
knowledge gained from research and prac- (A) shall ensure that appropriate personnel, ‘‘(i) the oversight of federally funded re-
tical experience, which— including leadership and subject matter ex- search and development;
‘‘(i) is directed toward the production of perts of the agency, are aware of the busi- ‘‘(ii) criminal and civil investigations of
new products or processes or improving ex- ness of the Council. misappropriated Federal funds, resources,
‘‘(c) CHAIRPERSON.— and information; and
isting products or processes; and
‘‘(1) DESIGNATION.—Not later than 45 days ‘‘(iii) counterintelligence investigations.
‘‘(ii) like research, will result in gaining
after the date of the enactment of the Safe- ‘‘(5) Identifying, as appropriate, Executive
additional knowledge.
guarding American Innovation Act, the Di- agencies to provide—
‘‘(D) RESEARCH.—The term ‘research’—
rector of the Office of Management and ‘‘(A) shared services, such as support for
‘‘(i) means a systematic study directed to-
Budget shall designate a senior level official conducting Federal research security risk as-
ward fuller scientific knowledge or under-
from the Office of Management and Budget sessments, activities to mitigate such risks,
standing of the subject studied; and
to serve as the Chairperson of the Council. and oversight and investigations with re-
‘‘(ii) includes activities involving the
‘‘(2) FUNCTIONS.—The Chairperson shall spect to grants awarded by Executive agen-
training of individuals in research tech- perform functions that include— cies; and
niques if such activities— ‘‘(A) subject to subsection (d), developing a ‘‘(B) common contract solutions to support
‘‘(I) utilize the same facilities as other re- schedule for meetings of the Council; the verification of the identities of persons
search and development activities; and ‘‘(B) designating Executive agencies to be participating in federally funded research
‘‘(II) are not included in the instruction represented on the Council under subsection and development.
function. (b)(1)(Q); ‘‘(6) Identifying and issuing guidance, in
‘‘(8) UNITED STATES RESEARCH COMMUNITY.— ‘‘(C) in consultation with the lead rep- accordance with subsection (e) and in coordi-
The term ‘United States research commu- resentative of each agency represented on nation with the National Insider Threat
nity’ means— the Council, developing a charter for the Task Force established by Executive Order
‘‘(A) research and development centers of Council; and 13587 (50 U.S.C. 3161 note) for expanding the
Executive agencies; ‘‘(D) not later than 7 days after completion scope of Executive agency insider threat pro-
‘‘(B) private research and development cen- of the charter, submitting the charter to the grams, including the safeguarding of re-
ters in the United States, including for profit appropriate congressional committees. search and development from exploitation,
and nonprofit research institutes; ‘‘(3) LEAD SCIENCE ADVISOR.—The Director compromise, or other unauthorized disclo-
‘‘(C) research and development centers at of the Office of Science and Technology Pol- sure, taking into account risk levels and the
institutions of higher education (as defined icy shall designate a senior level official to distinct needs, missions, and systems of each
in section 101(a) of the Higher Education Act be the lead science advisor to the Council for such agency.
of 1965 (20 U.S.C. 1001(a))); purposes of this chapter. ‘‘(7) Identifying and issuing guidance for
‘‘(D) research and development centers of ‘‘(4) LEAD SECURITY ADVISOR.—The Director developing compliance and oversight pro-
States, United States territories, Indian of the National Counterintelligence and Se- grams for Executive agencies to ensure that
tribes, and municipalities; curity Center shall designate a senior level research and development grant recipients
‘‘(E) government-owned, contractor-oper- official from the National Counterintel- accurately report conflicts of interest and
ated United States Government research and ligence and Security Center to be the lead conflicts of commitment in accordance with
development centers; and security advisor to the Council for purposes subsection (c)(1). Such programs shall in-
‘‘(F) any person conducting federally fund- of this chapter. clude an assessment of—
ed research or receiving Federal research ‘‘(d) MEETINGS.—The Council shall meet ‘‘(A) a grantee’s support from foreign
grant funding. not later than 60 days after the date of the sources and affiliations, appointments, or
‘‘§ 7902. Federal Research Security Council enactment of the Safeguarding American In- participation in talent programs with for-
establishment and membership novation Act and not less frequently than eign funding institutions or laboratories; and
‘‘(a) ESTABLISHMENT.—There is established, quarterly thereafter. ‘‘(B) the impact of such support and affili-
in the Office of Management and Budget, a ‘‘§ 7903. Functions and authorities ations, appointments, or participation in tal-
Federal Research Security Council, which ‘‘(a) DEFINITIONS.—In this section: ent programs on United States national se-
shall develop federally funded research and ‘‘(1) IMPLEMENTING.—The term ‘imple- curity and economic interests.
development grant making policy and man- menting’ means working with the relevant ‘‘(8) Providing guidance to Executive agen-
agement guidance to protect the national Federal agencies, through existing processes cies regarding appropriate application of
and economic security interests of the and procedures, to enable those agencies to consequences for violations of disclosure re-
United States. put in place and enforce the measures de- quirements.
‘‘(b) MEMBERSHIP.— scribed in this section. ‘‘(9) Developing and implementing a cross-
‘‘(1) IN GENERAL.—The following agencies ‘‘(2) UNIFORM APPLICATION PROCESS.—The agency policy and providing guidance related
shall be represented on the Council: term ‘uniform application process’ means a to the use of digital persistent identifiers for
‘‘(A) The Office of Management and Budg- process employed by Federal science agen- individual researchers supported by, or
et. cies to maximize the collection of informa- working on, any Federal research grant with
‘‘(B) The Office of Science and Technology tion regarding applicants and applications, the goal to enhance transparency and secu-
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Policy. as determined by the Council. rity, while reducing administrative burden
‘‘(C) The Department of Defense. ‘‘(b) IN GENERAL.—The Chairperson of the for researchers and research institutions.
‘‘(D) The Department of Homeland Secu- Council shall consider the missions and re- ‘‘(10) Engaging with the United States re-
rity. sponsibilities of Council members in deter- search community in conjunction with the
‘‘(E) The Office of the Director of National mining the lead agencies for Council func- National Science and Technology Council
Intelligence. tions. The Council shall perform the fol- and the National Academies Science, Tech-
‘‘(F) The Department of Justice. lowing functions: nology and Security Roundtable created
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S7838 CONGRESSIONAL RECORD — SENATE November 4, 2021
under section 1746 of the National Defense spect to insider threats and the responsibil- ‘‘(h) SAVINGS PROVISION.—Nothing in this
Authorization Act for Fiscal Year 2020 (Pub- ities of employees to report such threats; section may be construed—
lic Law 116–92; 42 U.S.C. 6601 note) in per- ‘‘(C) gathering information for a central- ‘‘(1) to alter or diminish the authority of
forming the functions described in para- ized analysis, reporting, and response capa- any Federal agency; or
graphs (1), (2), and (3) and with respect to bility; and ‘‘(2) to alter any procedural requirements
issues relating to Federal research security ‘‘(D) information sharing to aid in tracking or remedies that were in place before the
risks. the risk individuals may pose while moving date of the enactment of the Safeguarding
‘‘(11) Carrying out such other functions, across programs and affiliations; American Innovation Act.
consistent with Federal law, that are nec- ‘‘(3) the development and implementation ‘‘§ 7904. Annual report
essary to reduce Federal research security of policies and procedures under which the ‘‘Not later than November 15 of each year,
risks. insider threat program of an Executive agen- the Chairperson of the Council shall submit
‘‘(c) REQUIREMENTS FOR UNIFORM GRANT cy accesses, shares, and integrates informa-
APPLICATION PROCESS.—In developing the a report to the appropriate congressional
tion and data derived from offices within the committees that describes the activities of
uniform application process for Federal re- agency and shares insider threat information
search and development grants required the Council during the preceding fiscal year.
with the executive agency research sponsors;
under subsection (b)(1), the Council shall— ‘‘§ 7905. Requirements for Executive agencies
‘‘(4) the designation of senior officials with
‘‘(1) ensure that the process— authority to provide management, account- ‘‘(a) IN GENERAL.—The head of each Execu-
‘‘(A) requires principal investigators, co- ability, and oversight of the insider threat tive agency on the Council shall be respon-
principal investigators, and key personnel program of an Executive agency and to make sible for—
associated with the proposed Federal re- resource recommendations to the appro- ‘‘(1) assessing Federal research security
search or development grant project— priate officials; and risks posed by persons participating in feder-
‘‘(i) to disclose biographical information, ‘‘(5) such additional guidance as is nec- ally funded research and development;
all affiliations, including any foreign mili- essary to reflect the distinct needs, missions, ‘‘(2) avoiding or mitigating such risks, as
tary, foreign government-related organiza- and systems of each Executive agency. appropriate and consistent with the stand-
tions, and foreign-funded institutions, and ‘‘(f) ISSUANCE OF WARNINGS RELATING TO ards, guidelines, requirements, and practices
all current and pending support, including RISKS AND VULNERABILITIES IN INTER- identified by the Council under section
from foreign institutions, foreign govern- NATIONAL SCIENTIFIC COOPERATION.—
7903(b);
ments, or foreign laboratories, and all sup- ‘‘(1) IN GENERAL.—The Council, in conjunc- ‘‘(3) prioritizing Federal research security
port received from foreign sources; and tion with the lead security advisor des- risk assessments conducted under paragraph
‘‘(ii) to certify the accuracy of the required ignated under section 7902(c)(4), shall estab- (1) based on the applicability and relevance
disclosures under penalty of perjury; and lish a process for informing members of the of the research and development to the na-
‘‘(B) uses a machine-readable application United States research community and the tional security and economic competitive-
form to assist in identifying fraud and ensur- public, through the issuance of warnings de- ness of the United States; and
ing the eligibility of applicants; scribed in paragraph (2), of potential risks ‘‘(4) ensuring that initiatives impacting
‘‘(2) design the process— and vulnerabilities in international sci- Federally funded research grant making pol-
‘‘(A) to reduce the administrative burden entific cooperation that may undermine the icy and management to protect the national
on persons applying for Federal research and integrity and security of the United States and economic security interests of the
development funding; and research community or place at risk any fed- United States are integrated with the activi-
‘‘(B) to promote information sharing erally funded research and development. ties of the Council.
across the United States research commu- ‘‘(b) INCLUSIONS.—The responsibility of the
‘‘(2) CONTENT.—A warning described in this
nity, while safeguarding sensitive informa- head of an Executive agency for assessing
paragraph shall include, to the extent the
tion; and Federal research security risk described in
Council considers appropriate, a description
‘‘(3) complete the process not later than 1 subsection (a) includes—
of—
year after the date of the enactment of the ‘‘(1) developing an overall Federal research
‘‘(A) activities by the national govern-
Safeguarding American Innovation Act. security risk management strategy and im-
ment, local governments, research institu-
‘‘(d) REQUIREMENTS FOR INFORMATION SHAR- plementation plan and policies and processes
tions, or universities of a foreign country—
ING CRITERIA.—In identifying or developing to guide and govern Federal research secu-
‘‘(i) to exploit, interfere, or undermine re-
criteria and procedures for sharing informa- rity risk management activities by the Exec-
tion with respect to Federal research secu- search and development by the United States
utive agency;
rity risks under subsection (b)(3), the Coun- research community; or
‘‘(2) integrating Federal research security
cil shall ensure that such criteria address, at ‘‘(ii) to misappropriate scientific knowl-
risk management practices throughout the
a minimum— edge resulting from federally funded re-
lifecycle of the grant programs of the Execu-
‘‘(1) the information to be shared; search and development;
tive agency;
‘‘(2) the circumstances under which shar- ‘‘(B) efforts by strategic competitors to ex-
‘‘(3) sharing relevant information with
ing is mandated or voluntary; ploit the research enterprise of a foreign
other Executive agencies, as determined ap-
‘‘(3) the circumstances under which it is country that may place at risk—
propriate by the Council in a manner con-
appropriate for an Executive agency to rely ‘‘(i) the science and technology of that for-
sistent with section 7903; and
on information made available through such eign country; or
‘‘(4) reporting on the effectiveness of the
sharing in exercising the responsibilities and ‘‘(ii) federally funded research and develop-
Federal research security risk management
authorities of the agency under applicable ment; and
strategy of the Executive agency consistent
laws relating to the award of grants; ‘‘(C) practices within the research enter-
with guidance issued by the Office of Man-
‘‘(4) the procedures for protecting intellec- prise of a foreign country that do not adhere
agement and Budget and the Council.’’.
tual capital that may be present in such in- to the United States scientific values of
(b) CLERICAL AMENDMENT.—The table of
formation; and openness, transparency, reciprocity, integ-
chapters at the beginning of title 31, United
‘‘(5) appropriate privacy protections for rity, and merit-based competition.
States Code, is amended by inserting after
persons involved in Federal research and de- ‘‘(g) EXCLUSION ORDERS.—To reduce Fed- the item relating to chapter 77 the following:
velopment. eral research security risk, the Interagency
Suspension and Debarment Committee shall ‘‘79. Federal Research Security Coun-
‘‘(e) REQUIREMENTS FOR INSIDER THREAT
provide quarterly reports to the Director of cil ................................................. 7901.’’.
PROGRAM GUIDANCE.—In identifying or devel-
the Office of Management and Budget and SEC. 4494.
FEDERAL GRANT APPLICATION
oping guidance with respect to insider threat
FRAUD.
programs under subsection (b)(6), the Council the Director of the Office of Science and
shall ensure that such guidance provides for, Technology Policy that detail— (a) IN GENERAL.—Chapter 47 of title 18,
at a minimum— ‘‘(1) the number of ongoing investigations United States Code, is amended by adding at
‘‘(1) such programs— by Council Members related to Federal re- the end the following:
‘‘(A) to deter, detect, and mitigate insider search security that may result, or have re- ‘‘§ 1041. Federal grant application fraud
threats; and sulted, in agency pre-notice letters, suspen- ‘‘(a) DEFINITIONS.—In this section:
‘‘(B) to leverage counterintelligence, secu- sions, proposed debarments, and debarments; ‘‘(1) FEDERAL AGENCY.—The term ‘Federal
rity, information assurance, and other rel- ‘‘(2) Federal agencies’ performance and agency’ has the meaning given the term
evant functions and resources to identify and compliance with interagency suspensions ‘agency’ in section 551 of title 5, United
counter insider threats; and and debarments; States Code.
‘‘(2) the development of an integrated capa- ‘‘(3) efforts by the Interagency Suspension ‘‘(2) FEDERAL GRANT.—The term ‘Federal
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bility to monitor and audit information for and Debarment Committee to mitigate Fed- grant’—
the detection and mitigation of insider eral research security risk; ‘‘(A) means a grant awarded by a Federal
threats, including through— ‘‘(4) proposals for developing a unified Fed- agency;
‘‘(A) monitoring user activity on computer eral policy on suspensions and debarments; ‘‘(B) includes a subgrant awarded by a non-
networks controlled by Executive agencies; and Federal entity to carry out a Federal grant
‘‘(B) providing employees of Executive ‘‘(5) other current suspension and debar- program; and
agencies with awareness training with re- ment related issues. ‘‘(C) does not include—
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7839
‘‘(i) direct United States Government cash ‘‘(d) PENALTY.—Any individual who vio- sibility described in subsection (a) may
assistance to an individual; lates subsection (b)— apply;
‘‘(ii) a subsidy; ‘‘(1) shall be fined in accordance with this (2) the number of individuals determined
‘‘(iii) a loan; title, imprisoned for not more than 5 years, to be inadmissible under subsection (a), in-
‘‘(iv) a loan guarantee; or or both; and cluding the nationality of each such indi-
‘‘(v) insurance. ‘‘(2) shall be prohibited from receiving a vidual and the reasons for each determina-
‘‘(3) FEDERAL GRANT APPLICATION.—The Federal grant during the 5-year period begin- tion of inadmissibility; and
term ‘Federal grant application’ means an ning on the date on which a sentence is im- (3) the number of days from the date of the
application for a Federal grant. posed on the individual under paragraph consular interview until a final decision is
‘‘(4) FOREIGN COMPENSATION.—The term (1).’’. issued for each application for a visa consid-
‘foreign compensation’ means a title, mone- (b) CLERICAL AMENDMENT.—The analysis ered under this section, listed by applicants’
tary compensation, access to a laboratory or for chapter 47 of title 18, United States Code, country of citizenship and relevant con-
other resource, or other benefit received is amended by adding at the end the fol- sulate.
from— lowing: (d) CLASSIFICATION OF REPORT.—Each re-
‘‘(A) a foreign government; ‘‘1041. Federal grant application fraud.’’. port required under subsection (c) shall be
‘‘(B) a foreign government institution; or SEC. 4495. RESTRICTING THE ACQUISITION OF submitted, to the extent practicable, in an
‘‘(C) a foreign public enterprise. EMERGING TECHNOLOGIES BY CER- unclassified form, but may be accompanied
‘‘(5) FOREIGN GOVERNMENT.—The term ‘for- TAIN ALIENS. by a classified annex.
eign government’ includes a person acting or (a) GROUNDS OF INADMISSIBILITY.—The Sec- (e) SUNSET.—This section shall cease to be
purporting to act on behalf of— retary of State may determine that an alien effective on the date that is 2 years after the
‘‘(A) a faction, party, department, agency, is inadmissible if the Secretary determines date of the enactment of this Act.
bureau, subnational administrative entity, such alien is seeking to enter the United SEC. 4496. MACHINE READABLE VISA DOCU-
or military of a foreign country; or States to knowingly acquire sensitive or MENTS.
‘‘(B) a foreign government or a person pur- emerging technologies to undermine na- (a) MACHINE-READABLE DOCUMENTS.—Not
porting to act as a foreign government, re- tional security interests of the United States later than 1 year after the date of the enact-
gardless of whether the United States recog- by benefitting an adversarial foreign govern- ment of this Act, the Secretary of State
nizes the government. ment’s security or strategic capabilities. shall—
‘‘(6) FOREIGN GOVERNMENT INSTITUTION.— (b) RELEVANT FACTORS.—To determine if (1) use a machine-readable visa application
The term ‘foreign government institution’ an alien is inadmissible under subsection (a), form; and
means a foreign entity owned by, subject to the Secretary of State shall— (2) make available documents submitted in
the control of, or subject to regulation by a (1) take account of information and anal- support of a visa application in a machine
foreign government. yses relevant to implementing subsection (a) readable format to assist in—
‘‘(7) FOREIGN PUBLIC ENTERPRISE.—The from the Office of the Director of National (A) identifying fraud;
term ‘foreign public enterprise’ means an en- Intelligence, the Department of Health and (B) conducting lawful law enforcement ac-
terprise over which a foreign government di- Human Services, the Department of Defense, tivities; and
rectly or indirectly exercises a dominant in- the Department of Homeland Security, the (C) determining the eligibility of appli-
fluence. Department of Energy, the Department of cants for a visa under the Immigration and
‘‘(8) LAW ENFORCEMENT AGENCY.—The term Commerce, and other appropriate Federal Nationality Act (8 U.S.C. 1101 et seq.).
‘law enforcement agency’— agencies; (b) WAIVER.—The Secretary of State may
‘‘(A) means a Federal, State, local, or Trib- (2) take account of the continual expert as- waive the requirement under subsection (a)
al law enforcement agency; and sessments of evolving sensitive or emerging by providing to Congress, not later than 30
‘‘(B) includes— technologies that foreign adversaries are days before such waiver takes effect—
‘‘(i) the Office of Inspector General of an targeting; (1) a detailed explanation for why the waiv-
establishment (as defined in section 12 of the (3) take account of relevant information er is being issued; and
Inspector General Act of 1978 (5 U.S.C. App.)) concerning the foreign person’s employment (2) a timeframe for the implementation of
or a designated Federal entity (as defined in or collaboration, to the extent known, the requirement under subsection (a).
section 8G(a) of the Inspector General Act of with— (c) REPORT.—Not later than 45 days after
1978 (5 U.S.C. App.)); and (A) foreign military and security related date of the enactment of this Act, the Sec-
‘‘(ii) the Office of Inspector General, or organizations that are adversarial to the retary of State shall submit a report to the
similar office, of a State or unit of local gov- United States; Committee on Homeland Security and Gov-
ernment. (B) foreign institutions involved in the ernmental Affairs of the Senate, the Com-
‘‘(9) OUTSIDE COMPENSATION.—The term theft of United States research; mittee on Commerce, Science, and Transpor-
‘outside compensation’ means any com- (C) entities involved in export control vio- tation of the Senate, the Select Committee
pensation, resource, or support (regardless of lations or the theft of intellectual property; on Intelligence of the Senate, the Committee
monetary value) made available to the appli- (D) a government that seeks to undermine on Foreign Relations of the Senate; the Com-
cant in support of, or related to, any re- the integrity and security of the United mittee on Oversight and Reform of the House
search endeavor, including a title, research States research community; or of Representatives, the Committee on Home-
grant, cooperative agreement, contract, in- (E) other associations or collaborations land Security of the House of Representa-
stitutional award, access to a laboratory, or that pose a national security threat based on tives, the Committee on Energy and Com-
other resource, including materials, travel intelligence assessments; and merce of the House of Representatives, the
compensation, or work incentives. (4) weigh the proportionality of risks and Permanent Select Committee on Intelligence
‘‘(b) PROHIBITION.—It shall be unlawful for the factors listed in paragraphs (1) through of the House of Representatives, and the
any individual to knowingly— (3). Committee on Foreign Affairs of the House
‘‘(1) prepare or submit a Federal grant ap- (c) REPORTING REQUIREMENT.—Not later of Representatives that—
plication that fails to disclose the receipt of than 180 days after the date of the enactment (1) describes how supplementary docu-
any outside compensation, including foreign of this Act, and semi-annually thereafter ments provided by a visa applicant in sup-
compensation, by the individual; until the sunset date set forth in subsection port of a visa application are stored and
‘‘(2) forge, counterfeit, or otherwise falsify (e), the Secretary of State, in coordination shared by the Department of State with au-
a document for the purpose of obtaining a with the Director of National Intelligence, thorized Federal agencies;
Federal grant; or the Director of the Office of Science and (2) identifies the sections of a visa applica-
‘‘(3) prepare, submit, or assist in the prepa- Technology Policy, the Secretary of Home- tion that are machine-readable and the sec-
ration or submission of a Federal grant ap- land Security, the Secretary of Defense, the tions that are not machine-readable;
plication or document in connection with a Secretary of Energy, the Secretary of Com- (3) provides cost estimates, including per-
Federal grant application that— merce, and the heads of other appropriate sonnel costs and a cost-benefit analysis for
‘‘(A) contains a false statement; Federal agencies, shall submit a report to adopting different technologies, including
‘‘(B) contains a material misrepresenta- the Committee on the Judiciary of the Sen- optical character recognition, for—
tion; ate, the Committee on Foreign Relations of (A) making every element of a visa appli-
‘‘(C) has no basis in law or fact; or the Senate, the Committee on Homeland Se- cation, and documents submitted in support
‘‘(D) fails to disclose a material fact. curity and Governmental Affairs of the Sen- of a visa application, machine-readable; and
‘‘(c) EXCEPTION.—Subsection (b) does not ate, the Committee on the Judiciary of the (B) ensuring that such system—
ctelli on DSK11ZRN23PROD with SENATE
apply to an activity— House of Representatives, the Committee on (i) protects personally-identifiable infor-
‘‘(1) carried out in connection with a law- Foreign Affairs of the House of Representa- mation; and
fully authorized investigative, protective, or tives, and the Committee on Oversight and (ii) permits the sharing of visa information
intelligence activity of— Reform of the House of Representatives that with Federal agencies in accordance with ex-
‘‘(A) a law enforcement agency; or identifies— isting law; and
‘‘(B) a Federal intelligence agency; or (1) any criteria, if relevant used to describe (4) includes an estimated timeline for com-
‘‘(2) authorized under chapter 224. the aliens to which the grounds of inadmis- pleting the implementation of subsection (a).
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S7840 CONGRESSIONAL RECORD — SENATE November 4, 2021
SEC. 4497. CERTIFICATIONS REGARDING ACCESS enhance the competitiveness of the United (C) other governmental and nongovern-
TO EXPORT CONTROLLED TECH- States and foster an approach to artificial mental privacy, civil rights, and civil lib-
NOLOGY IN EDUCATIONAL AND CUL- erties experts; and
intelligence that builds on the strengths of
TURAL EXCHANGE PROGRAMS.
the United States in innovation and (D) any other individual or entity the Di-
Section 102(b)(5) of the Mutual Educational rector determines to be appropriate.
entrepreneurialism;
and Cultural Exchange Act of 1961 (22 U.S.C. (b) DEPARTMENT POLICIES AND PROCESSES
(2) enhance the ability of the Federal Gov-
2452(b)(5)) is amended to read as follows: FOR PROCUREMENT AND USE OF ARTIFICIAL IN-
ernment to translate research advances into
‘‘(5) promoting and supporting medical, TELLIGENCE-ENABLED SYSTEMS.—Not later
artificial intelligence applications to mod-
scientific, cultural, and educational research than 180 days after the date of enactment of
ernize systems and assist agency leaders in
and development by developing exchange this Act—
fulfilling their missions;
programs for foreign researchers and sci- (1) the Secretary of Homeland Security,
(3) promote adoption of modernized busi-
entists, while protecting technologies regu- with the participation of the Chief Procure-
ness practices and advanced technologies
lated by export control laws important to ment Officer, the Chief Information Officer,
across the Federal Government that align
the national security and economic interests the Chief Privacy Officer, and the Officer for
with the values of the United States, includ-
of the United States, by requiring— Civil Rights and Civil Liberties of the De-
ing the protection of privacy, civil rights,
‘‘(A) the sponsor to certify to the Depart- partment and any other person determined
and civil liberties; and
ment of State that the sponsor, after review- to be relevant by the Secretary of Homeland
(4) test and harness applied artificial intel-
ing all regulations related to the Export Security, shall issue policies and procedures
ligence to enhance mission effectiveness and
Controls Act of 2018 (50 U.S.C. 4811 et seq.) for the Department related to—
business practice efficiency.
and the Arms Export Control Act (22 U.S.C. (A) the acquisition and use of artificial in-
SEC. 4203. DEFINITIONS.
2751 et seq.), has determined that— telligence; and
‘‘(i) a license is not required from the De- In this subtitle: (B) considerations for the risks and im-
partment of Commerce or the Department of (1) AGENCY.—The term ‘‘agency’’ has the pacts related to artificial intelligence-en-
State to release such technology or technical meaning given the term in section 3502 of abled systems, including associated data of
data to the exchange visitor; or title 44, United States Code. machine learning systems, to ensure that
‘‘(ii)(I) a license is required from the De- (2) APPROPRIATE CONGRESSIONAL COMMIT- full consideration is given to—
partment of Commerce or the Department of TEES.—The term ‘‘appropriate congressional
(i) the privacy, civil rights, and civil lib-
State to release such technology or technical committees’’ means— erties impacts of artificial intelligence-en-
data to the exchange visitor; and (A) the Committee on Homeland Security abled systems; and
‘‘(II) the sponsor will prevent access to the and Governmental Affairs of the Senate; and (ii) security against misuse, degradation,
controlled technology or technical data by (B) the Committee on Oversight and Re- or rending inoperable of artificial intel-
the exchange visitor until the sponsor— form of the House of Representatives. ligence-enabled systems; and
‘‘(aa) has received the required license or (3) ARTIFICIAL INTELLIGENCE.—The term (2) the Chief Privacy Officer and the Offi-
other authorization to release it to the vis- ‘‘artificial intelligence’’ has the meaning cer for Civil Rights and Civil Liberties of the
itor; and given the term in section 238(g) of the John Department shall report to Congress on any
‘‘(bb) has provided a copy of such license or S. McCain National Defense Authorization additional staffing or funding resources that
authorization to the Department of State; Act for Fiscal Year 2019 (10 U.S.C. 2358 note). may be required to carry out the require-
and (4) ARTIFICIAL INTELLIGENCE SYSTEM.—The ments of this subsection.
‘‘(B) if the sponsor maintains export con- term ‘‘artificial intelligence system’’— (c) INSPECTOR GENERAL.—Not later than 180
trolled technology or technical data, the (A) means any data system, software, ap- days after the date of enactment of this Act,
sponsor to submit to the Department of plication, tool, or utility that operates in the Inspector General of the Department
State the sponsor’s plan to prevent unau- whole or in part using dynamic or static ma- shall identify any training and investments
thorized export or transfer of any controlled chine learning algorithms or other forms of needed to enable employees of the Office of
items, materials, information, or technology artificial intelligence, whether— the Inspector General to continually advance
at the sponsor organization or entities asso- (i) the data system, software, application, their understanding of—
ciated with a sponsor’s administration of the tool, or utility is established primarily for (1) artificial intelligence systems;
exchange visitor program.’’. the purpose of researching, developing, or (2) best practices for governance, over-
SEC. 4498. PRIVACY AND CONFIDENTIALITY. implementing artificial intelligence tech- sight, and audits of the use of artificial intel-
Nothing in this subtitle may be construed nology; or ligence systems; and
as affecting the rights and requirements pro- (ii) artificial intelligence capability is in- (3) how the Office of the Inspector General
vided in section 552a of title 5, United States tegrated into another system or agency busi- is using artificial intelligence to enhance
Code (commonly known as the ‘‘Privacy Act ness process, operational activity, or tech- audit and investigative capabilities, includ-
of 1974’’) or subchapter III of chapter 35 of nology system; and ing actions to—
title 44, United States Code (commonly (B) does not include any common commer- (A) ensure the integrity of audit and inves-
known as the ‘‘Confidential Information Pro- cial product within which artificial intel- tigative results; and
tection and Statistical Efficiency Act of ligence is embedded, such as a word proc- (B) guard against bias in the selection and
2018’’). essor or map navigation system. conduct of audits and investigations.
--- (5) DEPARTMENT.—The term ‘‘Department’’ (d) ARTIFICIAL INTELLIGENCE HYGIENE AND
SA 4292. Mr. PORTMAN submitted an means the Department of Homeland Secu- PROTECTION OF GOVERNMENT INFORMATION,
amendment intended to be proposed to rity. PRIVACY, CIVIL RIGHTS, AND CIVIL LIB-
(6) DIRECTOR.—The term ‘‘Director’’ means ERTIES.—
amendment SA 3867 submitted by Mr. the Director of the Office of Management (1) ESTABLISHMENT.—Not later than 1 year
REED and intended to be proposed to and Budget. after the date of enactment of this Act, the
the bill H.R. 4350, to authorize appro- SEC. 4204. PRINCIPLES AND POLICIES FOR USE Director, in consultation with a working
priations for fiscal year 2022 for mili- OF ARTIFICIAL INTELLIGENCE IN group consisting of members selected by the
tary activities of the Department of GOVERNMENT. Director from appropriate interagency coun-
Defense, for military construction, and (a) GUIDANCE.—The Director shall, when cils, shall develop an initial means by which
for defense activities of the Depart- developing the guidance required under sec- to—
ment of Energy, to prescribe military tion 104(a) of the AI in Government Act of (A) ensure that contracts for the acquisi-
2020 (title I of division U of Public Law 116– tion of an artificial intelligence system or
personnel strengths for such fiscal 260), consider— service—
year, and for other purposes; which was (1) the considerations and recommended (i) align with the guidance issued to the
ordered to lie on the table; as follows: practices identified by the National Security head of each agency under section 104(a) of
At the end, add the following: Commission on Artificial Intelligence in the the AI in Government Act of 2020 (title I of
DIVISION E—SECURING AMERICA’S report entitled ‘‘Key Considerations for the division U of Public Law 116–260);
FUTURE Responsible Development and Fielding of (ii) address protection of privacy, civil
SEC. 4001. SHORT TITLE; TABLE OF CONTENTS. AI’’, as updated in April 2021; rights, and civil liberties;
This division may be cited as the ‘‘Secur- (2) the principles articulated in Executive (iii) address the ownership and security of
ing America’s Future Act’’. Order 13960 (85 Fed. Reg. 78939; relating to data and other information created, used,
promoting the use of trustworthy artificial processed, stored, maintained, disseminated,
TITLE I—ADVANCING AMERICAN AI intelligence in Government); and disclosed, or disposed of by a contractor or
ctelli on DSK11ZRN23PROD with SENATE
SEC. 4201. SHORT TITLE. (3) the input of— subcontractor on behalf of the Federal Gov-
This subtitle may be cited as the ‘‘Advanc- (A) the Privacy and Civil Liberties Over- ernment; and
ing American AI Act’’. sight Board; (iv) include considerations for securing the
SEC. 4202. PURPOSE. (B) relevant interagency councils, such as training data, algorithms, and other compo-
The purposes of this subtitle are to— the Federal Privacy Council, the Chief Infor- nents of any artificial intelligence system
(1) encourage agency artificial intel- mation Officers Council, and the Chief Data against misuse, unauthorized alteration,
ligence-related programs and initiatives that Officers Council; degradation, or rendering inoperable; and
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7841
(B) address any other issue or concern de- tion with the Chief Information Officers (v) outcomes measurement to measure eco-
termined to be relevant by the Director to Council, the Chief Data Officers Council, and nomic and social benefits.
ensure appropriate use and protection of pri- other interagency bodies as determined to be (6) REQUIREMENTS.—Not later than 3 years
vacy and Government data and other infor- appropriate by the Director, shall identify 4 after the date of enactment of this Act, the
mation. new use cases for the application of artificial Director, in coordination with the heads of
(2) CONSULTATION.—In developing the con- intelligence-enabled systems to support relevant agencies and other officials as the
siderations under paragraph (1)(A)(iv), the interagency or intra-agency modernization Director determines to be appropriate, shall
Director shall consult with the Secretary of initiatives that require linking multiple establish an artificial intelligence capability
Homeland Security, the Director of the Na- siloed internal and external data sources, within each of the 4 use case pilots under
tional Institute of Standards and Tech- consistent with applicable laws and policies, this subsection that—
nology, and the Director of National Intel- including those relating to the protection of (A) solves data access and usability issues
ligence. privacy and of sensitive law enforcement, na- with automated technology and eliminates
(3) REVIEW.—The Director— tional security, and other protected informa- or minimizes the need for manual data
(A) should continuously update the means tion. cleansing and harmonization efforts;
developed under paragraph (1); and (b) PILOT PROGRAM.— (B) continuously and automatically ingests
(1) PURPOSES.—The purposes of the pilot
(B) not later than 2 years after the date of data and updates domain models in near
program under this subsection include—
enactment of this Act and not less fre- real-time to help identify new patterns and
(A) to enable agencies to operate across or-
quently than every 2 years thereafter, shall predict trends, to the extent possible, to help
ganizational boundaries, coordinating be-
update the means developed under paragraph agency personnel to make better decisions
tween existing established programs and
(1). and take faster actions;
silos to improve delivery of the agency mis-
(4) BRIEFING.—The Director shall brief the (C) organizes data for meaningful data vis-
sion; and
appropriate congressional committees— ualization and analysis so the Government
(B) to demonstrate the circumstances
(A) not later than 90 days after the date of has predictive transparency for situational
under which artificial intelligence can be
enactment of this Act and thereafter on a awareness to improve use case outcomes;
used to modernize or assist in modernizing
quarterly basis until the Director first im- (D) is rapidly configurable to support mul-
legacy agency systems.
plements the means developed under para- (2) DEPLOYMENT AND PILOT.—Not later than tiple applications and automatically adapts
graph (1); and 1 year after the date of enactment of this to dynamic conditions and evolving use case
(B) annually thereafter on the implemen- Act, the Director, in coordination with the requirements, to the extent possible;
tation of this subsection. heads of relevant agencies and other officials (E) enables knowledge transfer and col-
(5) SUNSET.—This subsection shall cease to as the Director determines to be appropriate, laboration across agencies; and
be effective on the date that is 5 years after shall ensure the initiation of the piloting of (F) preserves intellectual property rights
the date of enactment of this Act. the 4 new artificial intelligence use case ap- to the data and output for benefit of the Fed-
SEC. 4205. AGENCY INVENTORIES AND ARTIFI- plications identified under subsection (a), eral Government and agencies.
CIAL INTELLIGENCE USE CASES.
leveraging commercially available tech- (c) BRIEFING.—Not earlier than 270 days
(a) INVENTORY.—Not later than 60 days but not later than 1 year after the date of en-
nologies and systems to demonstrate scal-
after the date of enactment of this Act, and actment of this Act, and annually thereafter
able artificial intelligence-enabled capabili-
continuously thereafter for a period of 5 for 4 years, the Director shall brief the ap-
ties to support the use cases identified under
years, the Director, in consultation with the propriate congressional committees on the
subsection (a).
Chief Information Officers Council, the Chief activities carried out under this section and
(3) RISK EVALUATION AND MITIGATION
Data Officers Council, and other interagency results of those activities.
PLAN.—In carrying out paragraph (2), the Di-
bodies as determined to be appropriate by (d) SUNSET.—The section shall cease to be
rector shall require the heads of agencies effective on the date that is 5 years after the
the Director, shall require the head of each to—
agency to— date of enactment of this Act.
(A) evaluate risks in utilizing artificial in- SEC. 4207.
ENABLING ENTREPRENEURS AND
(1) prepare and maintain an inventory of telligence systems; and AGENCY MISSIONS.
the artificial intelligence use cases of the (B) develop a risk mitigation plan to ad-
agency, including current and planned uses; (a) INNOVATIVE COMMERCIAL ITEMS.—Sec-
dress those risks, including consideration tion 880 of the National Defense Authoriza-
(2) share agency inventories with other of—
agencies, to the extent practicable and con- tion Act for Fiscal Year 2017 (41 U.S.C. 3301
(i) the artificial intelligence system not note) is amended—
sistent with applicable law and policy, in- performing as expected;
cluding those concerning protection of pri- (1) in subsection (c), by striking
(ii) the lack of sufficient or quality train- $10,000,000’’ and inserting ‘‘$25,000,000’’;
vacy and of sensitive law enforcement, na- ing data; and
tional security, and other protected informa- (2) by amending subsection (f) to read as
(iii) the vulnerability of a utilized artifi- follows:
tion; and cial intelligence system to unauthorized ma- ‘‘(f) DEFINITIONS.—In this section—
(3) make agency inventories available to nipulation or misuse. ‘‘(1) the term ‘commercial product’—
the public, in a manner determined by the (4) PRIORITIZATION.—In carrying out para- ‘‘(A) has the meaning given the term ‘com-
Director, and to the extent practicable and graph (2), the Director shall prioritize mod- mercial item’ in section 2.101 of the Federal
in accordance with applicable law and pol- ernization projects that— Acquisition Regulation; and
icy, including those concerning the protec- (A) would benefit from commercially avail- ‘‘(B) includes a commercial product or a
tion of privacy and of sensitive law enforce- able privacy-preserving techniques, such as commercial service, as defined in sections
ment, national security, and other protected use of differential privacy, federated learn- 103 and 103a, respectively, of title 41, United
information. ing, and secure multiparty computing; and
(b) CENTRAL INVENTORY.—The Director is States Code; and
(B) otherwise take into account consider- ‘‘(2) the term ‘innovative’ means—
encouraged to designate a host entity and
ations of civil rights and civil liberties. ‘‘(A) any new technology, process, or meth-
ensure the creation and maintenance of an
(5) USE CASE MODERNIZATION APPLICATION od, including research and development; or
online public directory to—
AREAS.—Use case modernization application ‘‘(B) any new application of an existing
(1) make agency artificial intelligence use
areas described in paragraph (2) shall include technology, process, or method.’’; and
case information available to the public and
not less than 1 from each of the following (3) in subsection (g), by striking ‘‘2022’’ and
those wishing to do business with the Fed-
categories: insert ‘‘2027’’.
eral Government; and
(A) Applied artificial intelligence to drive (b) DHS OTHER TRANSACTION AUTHORITY.—
(2) identify common use cases across agen-
agency productivity efficiencies in predictive Section 831 of the Homeland Security Act of
cies.
supply chain and logistics, such as— 2002 (6 U.S.C. 391) is amended—
(c) SHARING.—The sharing of agency inven-
(i) predictive food demand and optimized (1) in subsection (a)—
tories described in subsection (a)(2) may be
supply; (A) in the matter preceding paragraph (1),
coordinated through the Chief Information
(ii) predictive medical supplies and equip- by striking ‘‘September 30, 2017’’ and insert-
Officers Council, the Chief Data Officers
ment demand and optimized supply; or ing ‘‘September 30, 2024’’; and
Council, the Chief Financial Officers Coun-
(iii) predictive logistics to accelerate dis- (B) by amending paragraph (2) to read as
cil, the Chief Acquisition Officers Council, or
aster preparedness, response, and recovery. follows:
other interagency bodies to improve inter-
(B) Applied artificial intelligence to accel- ‘‘(2) PROTOTYPE PROJECTS.—The Sec-
agency coordination and information sharing
erate agency investment return and address retary—
for common use cases.
mission-oriented challenges, such as— ‘‘(A) may, under the authority of para-
SEC. 4206.RAPID PILOT, DEPLOYMENT AND
ctelli on DSK11ZRN23PROD with SENATE
SCALE OF APPLIED ARTIFICIAL IN- (i) applied artificial intelligence portfolio graph (1), carry out prototype projects under
TELLIGENCE CAPABILITIES TO DEM- management for agencies; section 2371b of title 10, United States Code;
ONSTRATE MODERNIZATION ACTIVI- (ii) workforce development and upskilling; and
TIES RELATED TO USE CASES. (iii) redundant and laborious analyses; ‘‘(B) in applying the authorities of such
(a) IDENTIFICATION OF USE CASES.—Not (iv) determining compliance with Govern- section 2371b, the Secretary shall perform
later than 270 days after the date of enact- ment requirements, such as with grants the functions of the Secretary of Defense as
ment of this Act, the Director, in consulta- management; or prescribed in such section.’’;
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S7842 CONGRESSIONAL RECORD — SENATE November 4, 2021
(2) in subsection (c)(1), by striking ‘‘Sep- to return to the original position of the em- Subtitle B—Federal Rotational Cyber
tember 30, 2017’’ and inserting ‘‘September ployee, or a similar position, particularly if Workforce Program
30, 2024’’; and the employee is unsuccessful in the position SEC. 4351. SHORT TITLE.
(3) in subsection (d), by striking ‘‘section to which the employee transfers after com- This subtitle may be cited as the ‘‘Federal
845(e)’’ and all that follows and inserting pleting the Federal reskilling program; Rotational Cyber Workforce Program Act of
‘‘section 2371b(e) of title 10, United States (5) provides that an employee who success- 2021’’.
Code.’’. fully completes the Federal reskilling pro- SEC. 4352. DEFINITIONS.
(c) COMMERCIAL OFF THE SHELF SUPPLY gram and transfers to a position that re- In this subtitle:
CHAIN RISK MANAGEMENT TOOLS.—The Gen- quires the technical skill or expertise pro- (1) AGENCY.—The term ‘‘agency’’ has the
eral Services Administration is encouraged vided through the Federal reskilling pro- meaning given the term ‘‘Executive agency’’
to pilot commercial off the shelf supply gram shall be entitled to have the grade of in section 105 of title 5, United States Code,
chain risk management tools to improve the the position held immediately before the except that the term does not include the
ability of the Federal Government to charac- transfer in a manner in accordance with sec- Government Accountability Office.
terize, monitor, predict, and respond to spe- tion 5362 of title 5, United States Code; (2) COMPETITIVE SERVICE.—The term ‘‘com-
cific supply chain threats and vulnerabilities (6) provides that an employee serving in a petitive service’’ has the meaning given that
that could inhibit future Federal acquisition position in the excepted service may not term in section 2102 of title 5, United States
operations. transfer to a position in the competitive Code.
TITLE II—PERSONNEL service solely by reason of the completion of (3) COUNCILS.—The term ‘‘Councils’’
Subtitle A—Facilitating Federal Employee the Federal reskilling program by the em- means—
Reskilling ployee; and (A) the Chief Human Capital Officers Coun-
SEC. 4301. SHORT TITLE. (7) includes a mechanism to track out- cil established under section 1303 of the Chief
This subtitle may be cited as the ‘‘Facili- comes of the Federal reskilling program in Human Capital Officers Act of 2002 (5 U.S.C.
tating Federal Employee Reskilling Act’’. accordance with the metrics established 1401 note); and
SEC. 4302. RESKILLING FEDERAL EMPLOYEES. under subsection (c). (B) the Chief Information Officers Council
(a) DEFINITIONS.—In this section: (c) REPORTING AND METRICS.—Not later established under section 3603 of title 44,
(1) AGENCY.—The term ‘‘agency’’ has the than 1 year after the date of enactment of United States Code.
meaning given the term ‘‘Executive agency’’ this Act, the Director shall establish report- (4) CYBER WORKFORCE POSITION.—The term
in section 105 of title 5, United States Code. ing requirements for, and standardized ‘‘cyber workforce position’’ means a position
(2) APPROPRIATE COMMITTEES OF CON- metrics and procedures for agencies to track identified as having information technology,
GRESS.—The term ‘‘appropriate committees outcomes of, Federal reskilling programs, cybersecurity, or other cyber-related func-
of Congress’’ means— which shall include, with respect to each tions under section 303 of the Federal Cyber-
(A) the Committee on Homeland Security Federal reskilling program— security Workforce Assessment Act of 2015 (5
and Governmental Affairs of the Senate; and (1) providing a summary of the Federal U.S.C. 301 note).
(B) the Committee on Oversight and Re- reskilling program; (5) DIRECTOR.—The term ‘‘Director’’ means
form of the House of Representatives. (2) collecting and reporting demographic the Director of the Office of Personnel Man-
(3) COMPETITIVE SERVICE.—The term ‘‘com- and employment data with respect to em- agement.
petitive service’’ has the meaning given the ployees who have applied for, participated (6) EMPLOYEE.—The term ‘‘employee’’ has
term in section 2102 of title 5, United States in, or completed the Federal reskilling pro- the meaning given the term in section 2105 of
Code. gram; title 5, United States Code.
(4) DIRECTOR.—The term ‘‘Director’’ means (3) attrition of employees who have com- (7) EMPLOYING AGENCY.—The term ‘‘em-
the Director of the Office of Personnel Man- pleted the Federal reskilling program; and ploying agency’’ means the agency from
agement. (4) any other measures or outcomes that which an employee is detailed to a rotational
(5) EMPLOYEE.—The term ‘‘employee’’ the Director determines to be relevant. cyber workforce position.
means an employee serving in a position in (d) GAO REPORT.—Not later than 3 years (8) EXCEPTED SERVICE.—The term ‘‘ex-
the competitive service or the excepted serv- after the date of enactment of this Act, the cepted service’’ has the meaning given that
ice. Comptroller General of the United States term in section 2103 of title 5, United States
(6) EXCEPTED SERVICE.—The term ‘‘ex- shall conduct a comprehensive study of, and Code.
cepted service’’ has the meaning given the (9) ROTATIONAL CYBER WORKFORCE POSI-
submit to Congress a report on, Federal
term in section 2103 of title 5, United States TION.—The term ‘‘rotational cyber workforce
reskilling programs that includes—
Code. position’’ means a cyber workforce position
(1) a summary of each Federal reskilling
(7) FEDERAL RESKILLING PROGRAM.—The with respect to which a determination has
program and methods by which each Federal
term ‘‘Federal reskilling program’’ means a been made under section 4353(a)(1).
reskilling program recruits, selects, and re-
program established by the head of an agen- (10) ROTATIONAL CYBER WORKFORCE PRO-
trains employees;
cy or the Director to provide employees with GRAM.—The term ‘‘rotational cyber work-
(2) an analysis of the accessibility of each
the technical skill or expertise that would force program’’ means the program for the
Federal reskilling program for a diverse set
qualify the employees to serve in a different detail of employees among rotational cyber
of candidates;
position in the competitive service or the ex- workforce positions at agencies.
(3) an evaluation of the effectiveness, (11) SECRETARY.—The term ‘‘Secretary’’
cepted service that requires such technical costs, and benefits of the Federal reskilling
skill or expertise. means the Secretary of Homeland Security.
programs; and
(b) REQUIREMENTS.—With respect to a Fed- SEC. 4353. ROTATIONAL CYBER WORKFORCE PO-
eral reskilling program established by the (4) recommendations to improve Federal SITIONS.
head of an agency or by the Director before, reskilling programs to accomplish the goal (a) DETERMINATION WITH RESPECT TO ROTA-
on, or after the date of enactment of this of reskilling the Federal workforce. TIONAL SERVICE.—
Act, the agency head or the Director, as ap- (e) REGULATIONS.—The Director— (1) IN GENERAL.—The head of each agency
plicable, shall ensure that the Federal (1) not later than 1 year after the date of may determine that a cyber workforce posi-
reskilling program— enactment of this Act, shall prescribe regu- tion in that agency is eligible for the rota-
(1) is implemented in a manner that is in lations for the reporting requirements and tional cyber workforce program, which shall
accordance with the bar on prohibited per- metrics and procedures under subsection (c); not be construed to modify the requirement
sonnel practices under section 2302 of title 5, (2) may prescribe additional regulations, as under section 4354(b)(3) that participation in
United States Code, and consistent with the the Director determines necessary, to pro- the rotational cyber workforce program by
merit system principles under section 2301 of vide for requirements with respect to, and an employee shall be voluntary.
title 5, United States Code, including by the implementation of, Federal reskilling (2) NOTICE PROVIDED.—The head of an agen-
using merit-based selection procedures for programs; and cy shall submit to the Director—
participation by employees in the Federal (3) with respect to any regulation pre- (A) notice regarding any determination
reskilling program; scribed under this subsection, shall brief the made by the head of the agency under para-
(2) includes appropriate limitations or re- appropriate committees of Congress with re- graph (1); and
strictions associated with implementing the spect to the regulation not later than 30 days (B) for each position with respect to which
Federal reskilling program, which shall be before the date on which the final version of the head of the agency makes a determina-
consistent with any regulations prescribed the regulation is published. tion under paragraph (1), the information re-
by the Director under subsection (e); (f) RULE OF CONSTRUCTION.—Nothing in this quired under subsection (b)(1).
(3) provides that any new position to which section may be construed to require the head (b) PREPARATION OF LIST.—The Director,
ctelli on DSK11ZRN23PROD with SENATE
an employee who participates in the Federal of an agency or the Director to establish a with assistance from the Councils and the
reskilling program is transferred will utilize Federal reskilling program. Secretary, shall develop a list of rotational
the technical skill or expertise that the em- (g) USE OF FUNDS.—Any Federal reskilling cyber workforce positions that—
ployee acquired by participating in the Fed- program established by the head of an agen- (1) with respect to each such position, to
eral reskilling program; cy or the Director shall be carried out using the extent that the information does not dis-
(4) includes the option for an employee par- amounts otherwise made available to that close sensitive national security informa-
ticipating in the Federal reskilling program agency head or the Director, as applicable. tion, includes—
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7843
(A) the title of the position; which the employee would have been enti- ployee is required to complete a period of
(B) the occupational series with respect to tled had the employee not been detailed; employment with the employing agency fol-
the position; (8) provide that discretion with respect to lowing the conclusion of the detail that is
(C) the grade level or work level with re- the assignment of an employee under the ro- equal in length to the period of the detail.
spect to the position; tational cyber workforce program shall re- (B) OTHER AGREEMENTS AND OBLIGATIONS.—
(D) the agency in which the position is lo- main with the employing agency of the em- A written service agreement under subpara-
cated; ployee; graph (A) shall not supersede or modify the
(E) the duty location with respect to the (9) require that an employee detailed to a terms or conditions of any other service
position; and rotational cyber workforce position under agreement entered into by the employee
(F) the major duties and functions of the the rotational cyber workforce program in under any other authority or relieve the ob-
position; and an agency that is not the employing agency ligations between the employee and the em-
(2) shall be used to support the rotational of the employee shall have all the rights that ploying agency under such a service agree-
cyber workforce program. would be available to the employee if the ment. Nothing in this subparagraph prevents
(c) DISTRIBUTION OF LIST.—Not less fre- employee were detailed under a provision of an employing agency from terminating a
quently than annually, the Director shall law other than this subtitle from the em- service agreement entered into under any
distribute an updated list developed under ploying agency to the agency in which the other authority under the terms of such
subsection (b) to the head of each agency and rotational cyber workforce position is lo- agreement or as required by law or regula-
other appropriate entities. cated; tion.
SEC. 4354.
ROTATIONAL CYBER WORKFORCE (10) provide that participation by an em-
PROGRAM. SEC. 4355. REPORTING BY GAO.
ployee in the rotational cyber workforce pro-
(a) OPERATION PLAN.— gram shall not constitute a change in the Not later than the end of the third fiscal
(1) IN GENERAL.—Not later than 270 days conditions of the employment of the em- year after the fiscal year in which the oper-
after the date of enactment of this Act, and ployee; and ation plan under section 4354(a) is issued, the
in consultation with the Councils, the Sec- (11) provide that an employee participating Comptroller General of the United States
retary, representatives of other agencies, in the rotational cyber workforce program shall submit to Congress a report assessing
and any other entity as the Director deter- shall receive performance evaluations relat- the operation and effectiveness of the rota-
mines appropriate, the Director shall de- ing to service in the rotational cyber work- tional cyber workforce program, which shall
velop and issue a Federal Rotational Cyber force program in a participating agency that address, at a minimum—
Workforce Program operation plan providing are— (1) the extent to which agencies have par-
policies, processes, and procedures for a pro- (A) prepared by an appropriate officer, su- ticipated in the rotational cyber workforce
gram for the detailing of employees among pervisor, or management official of the em- program, including whether the head of each
rotational cyber workforce positions at ploying agency, acting in coordination with such participating agency has—
agencies, which may be incorporated into the supervisor at the agency in which the (A) identified positions within the agency
and implemented through mechanisms in ex- employee is performing service in the rota- that are rotational cyber workforce posi-
istence on the date of enactment of this Act. tional cyber workforce position; tions;
(2) UPDATING.—The Director may, in con- (B) based on objectives identified in the op- (B) had employees from other participating
sultation with the Councils, the Secretary, eration plan with respect to the employee; agencies serve in positions described in sub-
and other entities as the Director determines and paragraph (A); and
appropriate, periodically update the oper- (C) based in whole or in part on the con- (C) had employees of the agency request to
ation plan developed and issued under para- tribution of the employee to the agency in serve in rotational cyber workforce positions
graph (1). which the employee performed such service, under the rotational cyber workforce pro-
(b) REQUIREMENTS.—The operation plan de- as communicated from that agency to the gram in participating agencies, including a
veloped and issued under subsection (a) shall, employing agency of the employee. description of how many such requests were
at a minimum— (c) PROGRAM REQUIREMENTS FOR ROTA- approved; and
(1) identify agencies for participation in TIONAL SERVICE.— (2) the experiences of employees serving in
the rotational cyber workforce program; (1) IN GENERAL.—An employee serving in a rotational cyber workforce positions under
(2) establish procedures for the rotational cyber workforce position in an agency may, the rotational cyber workforce program, in-
cyber workforce program, including— with the approval of the head of the agency, cluding an assessment of—
(A) any training, education, or career de- submit an application for detail to a rota- (A) the period of service;
velopment requirements associated with par- tional cyber workforce position that appears (B) the positions (including grade level and
ticipation in the rotational cyber workforce on the list developed under section 4353(b). occupational series or work level) held by
program; (2) OPM APPROVAL FOR CERTAIN POSI- employees before completing service in a ro-
(B) any prerequisites or requirements for TIONS.—An employee serving in a position in tational cyber workforce position under the
participation in the rotational cyber work- the excepted service may only be selected for rotational cyber workforce program;
force program; and a rotational cyber workforce position that is (C) the extent to which each employee who
(C) appropriate rotational cyber workforce in the competitive service with the prior ap- completed service in a rotational cyber
program performance measures, reporting proval of the Office of Personnel Manage- workforce position under the rotational
requirements, employee exit surveys, and ment, in accordance with section 300.301 of cyber workforce program achieved a higher
other accountability devices for the evalua- title 5, Code of Federal Regulations, or any skill level, or attained a skill level in a dif-
tion of the program; successor thereto. ferent area, with respect to information
(3) provide that participation in the rota- (3) SELECTION AND TERM.— technology, cybersecurity, or other cyber-re-
tional cyber workforce program by an em- (A) SELECTION.—The head of an agency lated functions; and
ployee shall be voluntary; shall select an employee for a rotational (D) the extent to which service in rota-
(4) provide that an employee shall be eligi- cyber workforce position under the rota- tional cyber workforce positions has affected
ble to participate in the rotational cyber tional cyber workforce program in a manner intra-agency and interagency integration
workforce program if the head of the em- that is consistent with the merit system and coordination of cyber practices, func-
ploying agency of the employee, or a des- principles under section 2301(b) of title 5, tions, and personnel management.
ignee of the head of the employing agency of United States Code. SEC. 4356. SUNSET.
the employee, approves of the participation (B) TERM.—Except as provided in subpara-
Effective 5 years after the date of enact-
of the employee; graph (C), and notwithstanding section
ment of this Act, this subtitle is repealed.
(5) provide that the detail of an employee 3341(b) of title 5, United States Code, a detail
to a rotational cyber workforce position to a rotational cyber workforce position TITLE IV—OTHER MATTERS
under the rotational cyber workforce pro- shall be for a period of not less than 180 days Subtitle A—Ensuring Security of Unmanned
gram shall be on a nonreimbursable basis; and not more than 1 year. Aircraft Systems
(6) provide that agencies may agree to (C) EXTENSION.—The Chief Human Capital SEC. 4401. SHORT TITLE.
partner to ensure that the employing agency Officer of the agency to which an employee
of an employee who participates in the rota- is detailed under the rotational cyber work- This subtitle may be cited as the ‘‘Amer-
tional cyber workforce program is able to fill force program may extend the period of a de- ican Security Drone Act of 2021’’.
the position vacated by the employee; tail described in subparagraph (B) for a pe- SEC. 4402. DEFINITIONS.
(7) require that an employee detailed to a riod of 60 days unless the Chief Human Cap- In this subtitle:
rotational cyber workforce position under ital Officer of the employing agency of the (1) COVERED FOREIGN ENTITY.—The term
ctelli on DSK11ZRN23PROD with SENATE
the rotational cyber workforce program, employee objects to that extension. ‘‘covered foreign entity’’ means an entity in-
upon the end of the period of service with re- (4) WRITTEN SERVICE AGREEMENTS.— cluded on a list developed and maintained by
spect to the detail, shall be entitled to re- (A) IN GENERAL.—The detail of an employee the Federal Acquisition Security Council.
turn to the position held by the employee, or to a rotational cyber workforce position This list will include entities in the fol-
an equivalent position, in the employing shall be contingent upon the employee enter- lowing categories:
agency of the employee without loss of pay, ing into a written service agreement with (A) An entity included on the Consolidated
seniority, or other rights or benefits to the employing agency under which the em- Screening List.
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S7844 CONGRESSIONAL RECORD — SENATE November 4, 2021
(B) Any entity that is subject to for the sole purpose of marine or atmos- SEC. 4405. PROHIBITION ON USE OF FEDERAL
extrajudicial direction from a foreign gov- pheric science or management. FUNDS FOR PURCHASES AND OPER-
(f) WAIVER.—The head of an executive ATION OF COVERED UNMANNED
ernment, as determined by the Secretary of
AIRCRAFT SYSTEMS FROM COVERED
Homeland Security. agency may waive the prohibition under sub-
FOREIGN ENTITIES.
(C) Any entity the Secretary of Homeland section (a) on a case-by-case basis—
(a) IN GENERAL.—Beginning on the date
Security, in coordination with the Director (1) with the approval of the Secretary of
that is 2 years after the date of the enact-
of National Intelligence and the Secretary of Homeland Security or the Secretary of De-
ment of this Act, except as provided in sub-
Defense, determines poses a national secu- fense; and
section (b), no Federal funds awarded
rity risk. (2) upon notification to Congress.
through a contract, grant, or cooperative
(D) Any entity domiciled in the People’s SEC. 4404. PROHIBITION ON OPERATION OF COV-
agreement, or otherwise made available may
Republic of China or subject to influence or ERED UNMANNED AIRCRAFT SYS-
TEMS FROM COVERED FOREIGN EN- be used—
control by the Government of the People’s (1) to purchase a covered unmanned air-
TITIES.
Republic of China or the Communist Party craft system, or a system to counter un-
of the People’s Republic of China, as deter- (a) PROHIBITION.—
(1) IN GENERAL.—Beginning on the date manned aircraft systems, that is manufac-
mined by the Secretary of Homeland Secu- tured or assembled by a covered foreign enti-
rity. that is 2 years after the date of the enact-
ment of this Act, no Federal department or ty; or
(E) Any subsidiary or affiliate of an entity (2) in connection with the operation of
described in subparagraphs (A) through (D). agency may operate a covered unmanned air-
craft system manufactured or assembled by such a drone or unmanned aircraft system.
(2) COVERED UNMANNED AIRCRAFT SYSTEM.— (b) EXEMPTION.—A Federal department or
The term ‘‘covered unmanned aircraft sys- a covered foreign entity.
(2) APPLICABILITY TO CONTRACTED SERV- agency is exempt from the restriction under
tem’’ has the meaning given the term ‘‘un- subsection (a) if—
manned aircraft system’’ in section 44801 of ICES.—The prohibition under paragraph (1)
applies to any covered unmanned aircraft (1) the contract, grant, or cooperative
title 49, United States Code. agreement was awarded prior to the date of
SEC. 4403. PROHIBITION ON PROCUREMENT OF systems that are being used by any executive
agency through the method of contracting the enactment of this Act; or
COVERED UNMANNED AIRCRAFT
for the services of covered unmanned aircraft (2) the operation or procurement is for the
SYSTEMS FROM COVERED FOREIGN
ENTITIES. systems. sole purposes of research, evaluation, train-
(a) IN GENERAL.—Except as provided under (b) EXEMPTION.—The Secretary of Home- ing, testing, or analysis, as determined by
subsections (b) though (f), the head of an ex- land Security, the Secretary of Defense, and the Secretary of Homeland Security, the
ecutive agency may not procure any covered the Attorney General are exempt from the Secretary of Defense, or the Attorney Gen-
unmanned aircraft system that are manufac- restriction under subsection (a) if the oper- eral, for—
tured or assembled by a covered foreign enti- ation or procurement— (A) electronic warfare;
ty, which includes associated elements (con- (1) is for the sole purposes of research, (B) information warfare operations;
sisting of communication links and the com- evaluation, training, testing, or analysis (C) development of UAS or counter-UAS
ponents that control the unmanned aircraft) for— technology;
that are required for the operator to operate (A) electronic warfare; (D) counterterrorism or counterintel-
safely and efficiently in the national air- (B) information warfare operations; ligence activities; or
space system. The Federal Acquisition Secu- (C) development of UAS or counter-UAS (E) Federal criminal or national security
rity Council, in coordination with the Sec- technology; investigations, including forensic examina-
retary of Transportation, shall develop and (D) counterterrorism or counterintel- tions; or
update a list of associated elements. ligence activities; or (F) the safe integration of UAS in the na-
(b) EXEMPTION.—The Secretary of Home- (E) Federal criminal or national security tional airspace (as determined in consulta-
land Security, the Secretary of Defense, and investigations, including forensic examina- tion with the Secretary of Transportation);
the Attorney General are exempt from the tions; and and
restriction under subsection (a) if the oper- (2) is required in the national interest of (3) is required in the national interest of
ation or procurement— the United States. the United States.
(1) is for the sole purposes of research, (c) FEDERAL AVIATION ADMINISTRATION (c) WAIVER.—The head of an executive
evaluation, training, testing, or analysis CENTER OF EXCELLENCE FOR UNMANNED AIR- agency may waive the prohibition under sub-
for— CRAFT SYSTEMS EXEMPTION.—The Secretary section (a) on a case-by-case basis—
(A) electronic warfare; of Transportation, in consultation with the (1) with the approval of the Secretary of
(B) information warfare operations; Secretary of Homeland Security, is exempt Homeland Security or the Secretary of De-
(C) development of UAS or counter-UAS from the restriction under subsection (a) if fense; and
technology; the operation or procurement is for the sole (2) upon notification to Congress.
purposes of research, evaluation, training, (d) REGULATIONS.—Not later than 180 days
(D) counterterrorism or counterintel-
testing, or analysis for the Federal Aviation after the date of the enactment of this Act,
ligence activities; or
Administration’s Alliance for System Safety the Federal Acquisition Regulatory Council
(E) Federal criminal or national security
of UAE through Research Excellence (AS- shall prescribe regulations or guidance, as
investigations, including forensic examina-
SURE) Center of Excellence (COE) for Un- necessary, to implement the requirements of
tions; and
manned Aircraft Systems. this section pertaining to Federal contracts.
(2) is required in the national interest of
(d) NATIONAL TRANSPORTATION SAFETY SEC. 4406. PROHIBITION ON USE OF GOVERN-
the United States.
MENT-ISSUED PURCHASE CARDS TO
(c) FEDERAL AVIATION ADMINISTRATION BOARD EXEMPTION.—The National Transpor- PURCHASE COVERED UNMANNED
CENTER OF EXCELLENCE FOR UNMANNED AIR- tation Safety Board (NTSB), in consultation AIRCRAFT SYSTEMS FROM COVERED
CRAFT SYSTEMS EXEMPTION.—The Secretary with the Secretary of Homeland Security, is FOREIGN ENTITIES.
of Transportation, in consultation with the exempt from the restriction under sub- Effective immediately, Government-issued
Secretary of Homeland Security, is exempt section (a) if the operation or procurement is Purchase Cards may not be used to procure
from the restriction under subsection (a) if necessary for the sole purpose of conducting any covered unmanned aircraft system from
the operation or procurement is for the sole safety investigations. a covered foreign entity.
purposes of research, evaluation, training, (e) NATIONAL OCEANIC ATMOSPHERIC ADMIN- SEC. 4407. MANAGEMENT OF EXISTING INVEN-
testing, or analysis for the Federal Aviation ISTRATION EXEMPTION.—The Administrator of TORIES OF COVERED UNMANNED
Administration’s Alliance for System Safety the National Oceanic Atmospheric Adminis- AIRCRAFT SYSTEMS FROM COVERED
of UAS through Research Excellence (AS- tration (NOAA), in consultation with the FOREIGN ENTITIES.
SURE) Center of Excellence (COE) for Un- Secretary of Homeland Security, is exempt (a) IN GENERAL.—Effective immediately,
manned Aircraft Systems. from the restriction under subsection (a) if all executive agencies must account for ex-
(d) NATIONAL TRANSPORTATION SAFETY the operation or procurement is necessary isting inventories of covered unmanned air-
BOARD EXEMPTION.—The National Transpor- for the sole purpose of marine or atmos- craft systems manufactured or assembled by
tation Safety Board (NTSB), in consultation pheric science or management. a covered foreign entity in their personal
with the Secretary of Homeland Security, is (f) WAIVER.—The head of an executive property accounting systems, regardless of
exempt from the restriction under sub- agency may waive the prohibition under sub- the original procurement cost, or the pur-
section (a) if the operation or procurement is section (a) on a case-by-case basis— pose of procurement due to the special moni-
necessary for the sole purpose of conducting (1) with the approval of the Secretary of toring and accounting measures necessary to
safety investigations. Homeland Security or the Secretary of De- track the items’ capabilities.
ctelli on DSK11ZRN23PROD with SENATE
(e) NATIONAL OCEANIC ATMOSPHERIC ADMIN- fense; and (b) CLASSIFIED TRACKING.—Due to the sen-
ISTRATION EXEMPTION.—The Administrator of (2) upon notification to Congress. sitive nature of missions and operations con-
the National Oceanic Atmospheric Adminis- (g) REGULATIONS AND GUIDANCE.—Not later ducted by the United States Government, in-
tration (NOAA), in consultation with the than 180 days after the date of the enactment ventory data related to covered unmanned
Secretary of Homeland Security, is exempt of this Act, the Secretary of Homeland Secu- aircraft systems manufactured or assembled
from the restriction under subsection (a) if rity shall prescribe regulations or guidance by a covered foreign entity may be tracked
the operation or procurement is necessary to implement this section. at a classified level.
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7845
(c) EXCEPTIONS.—The Department of De- the Office of Management and Budget shall Subtitle B—No TikTok on Government
fense and Department of Homeland Security incorporate an exemption to the policy for Devices
may exclude from the full inventory process, the following reasons: SEC. 4431. SHORT TITLE.
covered unmanned aircraft systems that are (1) In the case of procurement for the pur- This subtitle may be cited as the ‘‘No
deemed expendable due to mission risk such poses of training, testing, or analysis for— TikTok on Government Devices Act’’.
as recovery issues or that are one-time-use (A) electronic warfare; or SEC. 4432. PROHIBITION ON THE USE OF TIKTOK.
covered unmanned aircraft due to require- (B) information warfare operations. (a) DEFINITIONS.—In this section—
ments and low cost. (2) In the case of researching UAS tech- (1) the term ‘‘covered application’’ means
SEC. 4408. COMPTROLLER GENERAL REPORT. nology, including testing, evaluation, re- the social networking service TikTok or any
Not later than 275 days after the date of search, or development of technology to successor application or service developed or
the enactment of this Act, the Comptroller counter UAS. provided by ByteDance Limited or an entity
General of the United States shall submit to (3) In the case of a head of the procuring owned by ByteDance Limited;
Congress a report on the amount of commer- department or agency determining, in writ-
cial off-the-shelf drones and covered un- (2) the term ‘‘executive agency’’ has the
ing, that no product that complies with the meaning given that term in section 133 of
manned aircraft systems procured by Fed- information security requirements described
eral departments and agencies from covered title 41, United States Code; and
in subsection (b) is capable of fulfilling mis- (3) the term ‘‘information technology’’ has
foreign entities. sion critical performance requirements, and
SEC. 4409. GOVERNMENT-WIDE POLICY FOR PRO-
the meaning given that term in section 11101
such determination— of title 40, United States Code.
CUREMENT OF UNMANNED AIR- (A) may not be delegated below the level of
CRAFT SYSTEMS. (b) PROHIBITION ON THE USE OF TIKTOK.—
the Deputy Secretary of the procuring de- (1) IN GENERAL.—Not later than 60 days
(a) IN GENERAL.—Not later than 180 days partment or agency;
after the date of the enactment of this Act, after the date of the enactment of this Act,
(B) shall specify— the Director of the Office of Management
the Director of the Office of Management (i) the quantity of end items to which the
and Budget, in coordination with the Depart- and Budget, in consultation with the Admin-
waiver applies, the procurement value of istrator of General Services, the Director of
ment of Homeland Security, Department of which may not exceed $50,000 per waiver; and
Transportation, the Department of Justice, the Cybersecurity and Infrastructure Secu-
(ii) the time period over which the waiver rity Agency, the Director of National Intel-
and other Departments as determined by the applies, which shall not exceed 3 years;
Director of the Office of Management and ligence, and the Secretary of Defense, and
(C) shall be reported to the Office of Man- consistent with the information security re-
Budget, and in consultation with the Na- agement and Budget following issuance of
tional Institute of Standards and Tech- quirements under subchapter II of chapter 35
such a determination; and of title 44, United States Code, shall develop
nology, shall establish a government-wide (D) not later than 30 days after the date on
policy for the procurement of UAS— standards and guidelines for executive agen-
which the determination is made, shall be cies requiring the removal of any covered ap-
(1) for non-Department of Defense and non- provided to the Committee on Homeland Se-
intelligence community operations; and plication from information technology.
curity and Governmental Affairs of the Sen- (2) NATIONAL SECURITY AND RESEARCH EX-
(2) through grants and cooperative agree- ate and the Committee on Oversight and Re-
ments entered into with non-Federal enti- CEPTIONS.—The standards and guidelines de-
form of the House of Representatives. veloped under paragraph (1) shall include—
ties.
(b) INFORMATION SECURITY.—The policy de- SEC. 4410. STUDY. (A) exceptions for law enforcement activi-
veloped under subsection (a) shall include ties, national security interests and activi-
(a) INDEPENDENT STUDY.—Not later than 3 ties, and security researchers; and
the following specifications, which to the ex-
tent practicable, shall be based on industry years after the date of the enactment of this (B) for any authorized use of a covered ap-
standards and technical guidance from the Act, the Director of the Office of Manage- plication under an exception, requirements
National Institute of Standards and Tech- ment and Budget shall seek to enter into a for executive agencies to develop and docu-
nology, to address the risks associated with contract with a federally funded research ment risk mitigation actions for such use.
processing, storing and transmitting Federal and development center under which the cen-
Subtitle C—National Risk Management
information in a UAS: ter will conduct a study of—
(1) the current and future unmanned air- SEC. 4461. SHORT TITLE.
(1) Protections to ensure controlled access
craft system global and domestic market; This subtitle may be cited as the ‘‘Na-
of UAS.
(2) the ability of the unmanned aircraft tional Risk Management Act of 2021’’.
(2) Protecting software, firmware, and
system domestic market to keep pace with SEC. 4462. NATIONAL RISK MANAGEMENT CYCLE.
hardware by ensuring changes to UAS are
properly managed, including by ensuring technological advancements across the in- (a) IN GENERAL.—Subtitle A of title XXII of
UAS can be updated using a secure, con- dustry; the Homeland Security Act of 2002 (6 U.S.C.
trolled, and configurable mechanism. (3) the ability of domestically made un- 651 et seq.) is amended by adding at the end
(3) Cryptographically securing sensitive manned aircraft systems to meet the net- the following:
collected, stored, and transmitted data, in- work security and data protection require- ‘‘SEC. 2218.NATIONAL RISK MANAGEMENT
ments of the national security enterprise; CYCLE.
cluding proper handling of privacy data and
other controlled unclassified information. (4) the extent to which unmanned aircraft ‘‘(a) NATIONAL CRITICAL FUNCTIONS DE-
(4) Appropriate safeguards necessary to system component parts, such as the parts FINED.—In this section, the term ‘national
protect sensitive information, including dur- described in section 4403, are made domesti- critical functions’ means the functions of
ing and after use of UAS. cally; and government and the private sector so vital
(5) Appropriate data security to ensure (5) an assessment of the economic impact, to the United States that their disruption,
that data is not transmitted to or stored in including cost, of excluding the use of for- corruption, or dysfunction would have a de-
non-approved locations. eign-made UAS for use across the Federal bilitating effect on security, national eco-
(6) The ability to opt out of the uploading, Government. nomic security, national public health or
downloading, or transmitting of data that is (b) SUBMISSION TO OMB.—Upon completion safety, or any combination thereof.
not required by law or regulation and an of the study in subsection (a), the federally ‘‘(b) NATIONAL RISK MANAGEMENT CYCLE.—
ability to choose with whom and where in- ‘‘(1) RISK IDENTIFICATION AND ASSESS-
funded research and development center
formation is shared when it is required. MENT.—
shall submit the study to the Director of the
(c) REQUIREMENT.—The policy developed ‘‘(A) IN GENERAL.—The Secretary, acting
Office of Management and Budget.
under subsection (a) shall reflect an appro- through the Director, shall establish a recur-
priate risk-based approach to information (c) SUBMISSION TO CONGRESS.—Not later ring process by which to identify, assess, and
security related to use of UAS. than 30 days after the date on which the Di- prioritize risks to critical infrastructure,
(d) REVISION OF ACQUISITION REGULA- rector of the Office of Management and considering both cyber and physical threats,
TIONS.—Not later than 180 days after the date Budget receives the study under subsection the associated likelihoods, vulnerabilities,
on which the policy required under sub- (b), the Director shall submit the study to— and consequences, and the resources nec-
section (a) is issued— (1) the Committee on Homeland Security essary to address them.
(1) the Federal Acquisition Regulatory and Governmental Affairs and the Select ‘‘(B) CONSULTATION.—In establishing the
Council shall revise the Federal Acquisition Committee on Intelligence of the Senate; process required under subparagraph (A), the
Regulation, as necessary, to implement the and Secretary shall consult with, and request
policy; and (2) the Committee on Homeland Security and collect information to support analysis
(2) any Federal department or agency or and the Committee on Oversight and Reform from, Sector Risk Management Agencies,
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other Federal entity not subject to, or not and the Permanent Select Committee on In- critical infrastructure owners and operators,
subject solely to, the Federal Acquisition telligence of the House of Representatives. the Assistant to the President for National
Regulation shall revise applicable policy, Security Affairs, the Assistant to the Presi-
SEC. 4411. SUNSET.
guidance, or regulations, as necessary, to im- dent for Homeland Security, and the Na-
plement the policy. Sections 4403, 4404, and 4405 shall cease to tional Cyber Director.
(e) EXEMPTION.—In developing the policy have effect on the date that is 5 years after ‘‘(C) PUBLICATION.—Not later than 180 days
required under subsection (a), the Director of the date of the enactment of this Act. after the date of enactment of this section,
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S7846 CONGRESSIONAL RECORD — SENATE November 4, 2021
the Secretary shall publish in the Federal Subtitle D—Safeguarding American ‘‘(2) COUNCIL.—The term ‘Council’ means
Register procedures for the process estab- Innovation the Federal Research Security Council es-
lished under subparagraph (A), subject to SEC. 4491. SHORT TITLE. tablished under section 7902(a).
any redactions the Secretary determines are This subtitle may be cited as the ‘‘Safe- ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu-
necessary to protect classified or other sen- guarding American Innovation Act’’. tive agency’ has the meaning given that
sitive information. SEC. 4492. DEFINITIONS. term in section 105 of title 5.
‘‘(D) REPORT.—The Secretary shall submit In this subtitle: ‘‘(4) FEDERAL RESEARCH SECURITY RISK.—
to the President, the Committee on Home- (1) FEDERAL SCIENCE AGENCY.—The term The term ‘Federal research security risk’
land Security and Governmental Affairs of ‘‘Federal science agency’’ means any Federal means the risk posed by malign state actors
the Senate, and the Committee on Homeland department or agency to which more than and other persons to the security and integ-
Security of the House of Representatives a $100,000,000 in basic and applied research and rity of research and development conducted
report on the risks identified by the process development funds were appropriated for the using research and development funds award-
established under subparagraph (A)— previous fiscal year. ed by Executive agencies.
‘‘(i) not later than 1 year after the date of (2) RESEARCH AND DEVELOPMENT.— ‘‘(5) INSIDER.—The term ‘insider’ means
enactment of this section; and (A) IN GENERAL.—The term ‘‘research and any person with authorized access to any
‘‘(ii) not later than 1 year after the date on development’’ means all research activities, United States Government resource, includ-
which the Secretary submits a periodic eval- both basic and applied, and all development ing personnel, facilities, information, re-
uation described in section 9002(b)(2) of title activities. search, equipment, networks, or systems.
XC of division H of the William M. (Mac) (B) DEVELOPMENT.—The term ‘‘develop- ‘‘(6) INSIDER THREAT.—The term ‘insider
Thornberry National Defense Authorization ment’’ means experimental development. threat’ means the threat that an insider will
Act for Fiscal Year 2021 (Public Law 116–283). (C) EXPERIMENTAL DEVELOPMENT.—The use his or her authorized access (wittingly or
‘‘(2) NATIONAL CRITICAL INFRASTRUCTURE term ‘‘experimental development’’ means unwittingly) to harm the national and eco-
RESILIENCE STRATEGY.— creative and systematic work, drawing upon nomic security of the United States or nega-
‘‘(A) IN GENERAL.—Not later than 1 year knowledge gained from research and prac- tively affect the integrity of a Federal agen-
after the date on which the Secretary deliv- tical experience, which— cy’s normal processes, including damaging
ers each report required under paragraph (1), (i) is directed toward the production of new the United States through espionage, sabo-
the President shall deliver to majority and products or processes or improving existing tage, terrorism, unauthorized disclosure of
minority leaders of the Senate, the Speaker products or processes; and national security information or nonpublic
and minority leader of the House of Rep- (ii) like research, will result in gaining ad- information, a destructive act (which may
resentatives, the Committee on Homeland ditional knowledge. include physical harm to another in the
Security and Governmental Affairs of the (D) RESEARCH.—The term ‘‘research’’— workplace), or through the loss or degrada-
Senate, and the Committee on Homeland Se- (i) means a systematic study directed to- tion of departmental resources, capabilities,
curity of the House of Representatives a na- ward fuller scientific knowledge or under- and functions.
tional critical infrastructure resilience standing of the subject studied; and ‘‘(7) RESEARCH AND DEVELOPMENT.—
strategy designed to address the risks identi- (ii) includes activities involving the train- ‘‘(A) IN GENERAL.—The term ‘research and
fied by the Secretary. ing of individuals in research techniques if development’ means all research activities,
such activities— both basic and applied, and all development
‘‘(B) ELEMENTS.—Each strategy delivered
(I) utilize the same facilities as other re- activities.
under subparagraph (A) shall—
search and development activities; and ‘‘(B) DEVELOPMENT.—The term ‘develop-
‘‘(i) identify, assess, and prioritize areas of
(II) are not included in the instruction ment’ means experimental development.
risk to critical infrastructure that would
function. ‘‘(C) EXPERIMENTAL DEVELOPMENT.—The
compromise or disrupt national critical
SEC. 4493. FEDERAL RESEARCH SECURITY COUN- term ‘experimental development’ means cre-
functions impacting national security, eco-
CIL. ative and systematic work, drawing upon
nomic security, or public health and safety;
(a) IN GENERAL.—Subtitle V of title 31, knowledge gained from research and prac-
‘‘(ii) assess the implementation of the pre-
United States Code, is amended by adding at tical experience, which—
vious national critical infrastructure resil-
the end the following: ‘‘(i) is directed toward the production of
ience strategy, as applicable;
‘‘CHAPTER 79—FEDERAL RESEARCH new products or processes or improving ex-
‘‘(iii) identify and outline current and pro- isting products or processes; and
posed national-level actions, programs, and SECURITY COUNCIL
‘‘(ii) like research, will result in gaining
efforts to be taken to address the risks iden- ‘‘Sec.
‘‘7901. Definitions. additional knowledge.
tified; ‘‘(D) RESEARCH.—The term ‘research’—
‘‘(iv) identify the Federal departments or ‘‘7902. Federal Research Security Council es-
tablishment and membership. ‘‘(i) means a systematic study directed to-
agencies responsible for leading each na- ward fuller scientific knowledge or under-
‘‘7903. Functions and authorities.
tional-level action, program, or effort and standing of the subject studied; and
‘‘7904. Strategic plan.
the relevant critical infrastructure sectors ‘‘7905. Annual report. ‘‘(ii) includes activities involving the
for each; and ‘‘7906. Requirements for Executive agencies. training of individuals in research tech-
‘‘(v) request any additional authorities ‘‘§ 7901. Definitions niques if such activities—
necessary to successfully execute the strat- ‘‘(I) utilize the same facilities as other re-
‘‘In this chapter:
egy. search and development activities; and
‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT-
‘‘(C) FORM.—Each strategy delivered under ‘‘(II) are not included in the instruction
TEES.—The term ‘appropriate congressional
subparagraph (A) shall be unclassified, but function.
committees’ means—
may contain a classified annex. ‘‘(8) UNITED STATES RESEARCH COMMUNITY.—
‘‘(A) the Committee on Homeland Security
‘‘(3) CONGRESSIONAL BRIEFING.—Not later The term ‘United States research commu-
and Governmental Affairs of the Senate;
than 1 year after the date on which the nity’ means—
‘‘(B) the Committee on Commerce,
President delivers the first strategy required ‘‘(A) research and development centers of
Science, and Transportation of the Senate;
under paragraph (2)(A), and every year there- Executive agencies;
‘‘(C) the Select Committee on Intelligence
after, the Secretary, in coordination with ‘‘(B) private research and development cen-
of the Senate;
Sector Risk Management Agencies, shall ters in the United States, including for profit
‘‘(D) the Committee on Foreign Relations
brief the appropriate congressional commit- and nonprofit research institutes;
of the Senate;
tees on— ‘‘(C) research and development centers at
‘‘(E) the Committee on Armed Services of
‘‘(A) the national risk management cycle institutions of higher education (as defined
the Senate;
activities undertaken pursuant to the strat- in section 101(a) of the Higher Education Act
‘‘(F) the Committee on Health, Education,
egy; and of 1965 (20 U.S.C. 1001(a)));
Labor, and Pensions of the Senate;
‘‘(B) the amounts and timeline for funding ‘‘(D) research and development centers of
‘‘(G) the Committee on Oversight and Re-
that the Secretary has determined would be States, United States territories, Indian
form of the House of Representatives;
necessary to address risks and successfully tribes, and municipalities;
‘‘(H) the Committee on Homeland Security
execute the full range of activities proposed ‘‘(E) government-owned, contractor-oper-
of the House of Representatives;
by the strategy.’’. ated United States Government research and
‘‘(I) the Committee on Energy and Com-
(b) TECHNICAL AND CONFORMING AMEND- merce of the House of Representatives; development centers; and
MENT.—The table of contents in section 1(b) ‘‘(J) the Permanent Select Committee on ‘‘(F) any person conducting federally fund-
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of the Homeland Security Act of 2002 (Public Intelligence of the House of Representatives; ed research or receiving Federal research
Law 107–296; 116 Stat. 2135) is amended by in- ‘‘(K) the Committee on Foreign Affairs of grant funding.
serting after the item relating to section 2217 the House of Representatives; ‘‘§ 7902. Federal Research Security Council
‘‘(L) the Committee on Armed Services of establishment and membership
the following:
the House of Representatives; and ‘‘(a) ESTABLISHMENT.—There is established,
‘‘Sec. 2218. National risk management ‘‘(M) the Committee on Education and in the Office of Management and Budget, a
cycle.’’. Labor of the House of Representatives. Federal Research Security Council, which
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7847
shall develop federally funded research and ‘‘(1) IMPLEMENTING.—The term ‘imple- ent programs on United States national se-
development grant making policy and man- menting’ means working with the relevant curity and economic interests.
agement guidance to protect the national Federal agencies, through existing processes ‘‘(8) Providing guidance to Executive agen-
and economic security interests of the and procedures, to enable those agencies to cies regarding appropriate application of
United States. put in place and enforce the measures de- consequences for violations of disclosure re-
‘‘(b) MEMBERSHIP.— scribed in this section. quirements.
‘‘(1) IN GENERAL.—The following agencies ‘‘(2) UNIFORM APPLICATION PROCESS.—The ‘‘(9) Developing and implementing a cross-
shall be represented on the Council: term ‘uniform application process’ means a agency policy and providing guidance related
‘‘(A) The Office of Management and Budg- process employed by Federal science agen- to the use of digital persistent identifiers for
et. cies to maximize the collection of informa- individual researchers supported by, or
‘‘(B) The Office of Science and Technology tion regarding applicants and applications, working on, any Federal research grant with
Policy. as determined by the Council. the goal to enhance transparency and secu-
‘‘(C) The Department of Defense. rity, while reducing administrative burden
‘‘(b) IN GENERAL.—The Chairperson of the
‘‘(D) The Department of Homeland Secu- for researchers and research institutions.
Council shall consider the missions and re-
rity. ‘‘(10) Engaging with the United States re-
‘‘(E) The Office of the Director of National sponsibilities of Council members in deter-
mining the lead agencies for Council func- search community in conjunction with the
Intelligence. National Science and Technology Council
‘‘(F) The Department of Justice. tions. The Council shall perform the fol-
lowing functions: and the National Academies Science, Tech-
‘‘(G) The Department of Energy. nology and Security Roundtable created
‘‘(H) The Department of Commerce. ‘‘(1) Developing and implementing, across
all Executive agencies that award research under section 1746 of the National Defense
‘‘(I) The Department of Health and Human Authorization Act for Fiscal Year 2020 (Pub-
Services. and development grants, awards, and con-
tracts, a uniform application process for lic Law 116–92; 42 U.S.C. 6601 note) in per-
‘‘(J) The Department of State. forming the functions described in para-
‘‘(K) The Department of Transportation. grants in accordance with subsection (c).
‘‘(2) Developing and implementing policies graphs (1), (2), and (3) and with respect to
‘‘(L) The National Aeronautics and Space
and providing guidance to prevent malign issues relating to Federal research security
Administration.
foreign interference from unduly influencing risks.
‘‘(M) The National Science Foundation.
the peer review process for federally funded ‘‘(11) Carrying out such other functions,
‘‘(N) The Department of Education.
research and development. consistent with Federal law, that are nec-
‘‘(O) The Small Business Administration.
‘‘(3) Identifying or developing criteria for essary to reduce Federal research security
‘‘(P) The Council of Inspectors General on
sharing among Executive agencies and with risks.
Integrity and Efficiency.
‘‘(Q) Other Executive agencies, as deter- law enforcement and other agencies, as ap- ‘‘(c) REQUIREMENTS FOR UNIFORM GRANT
mined by the Chairperson of the Council. propriate, information regarding individuals APPLICATION PROCESS.—In developing the
‘‘(2) LEAD REPRESENTATIVES.— who violate disclosure policies and other uniform application process for Federal re-
‘‘(A) DESIGNATION.—Not later than 45 days policies related to research security. search and development grants required
after the date of the enactment of the Safe- ‘‘(4) Identifying an appropriate Executive under subsection (b)(1), the Council shall—
guarding American Innovation Act, the head agency— ‘‘(1) ensure that the process—
of each agency represented on the Council ‘‘(A) to accept and protect information ‘‘(A) requires principal investigators, co-
shall designate a representative of that agen- submitted by Executive agencies and non- principal investigators, and key personnel
cy as the lead representative of the agency Federal entities based on the process estab- associated with the proposed Federal re-
on the Council. lished pursuant to paragraph (1); and search or development grant project—
‘‘(B) FUNCTIONS.—The lead representative ‘‘(B) to facilitate the sharing of informa- ‘‘(i) to disclose biographical information,
of an agency designated under subparagraph tion received under subparagraph (A) to sup- all affiliations, including any foreign mili-
(A) shall ensure that appropriate personnel, port, consistent with Federal law— tary, foreign government-related organiza-
including leadership and subject matter ex- ‘‘(i) the oversight of federally funded re- tions, and foreign-funded institutions, and
perts of the agency, are aware of the busi- search and development; all current and pending support, including
ness of the Council. ‘‘(ii) criminal and civil investigations of from foreign institutions, foreign govern-
‘‘(c) CHAIRPERSON.— misappropriated Federal funds, resources, ments, or foreign laboratories, and all sup-
‘‘(1) DESIGNATION.—Not later than 45 days and information; and port received from foreign sources; and
after the date of the enactment of the Safe- ‘‘(iii) counterintelligence investigations. ‘‘(ii) to certify the accuracy of the required
guarding American Innovation Act, the Di- ‘‘(5) Identifying, as appropriate, Executive disclosures under penalty of perjury; and
rector of the Office of Management and agencies to provide— ‘‘(B) uses a machine-readable application
Budget shall designate a senior level official ‘‘(A) shared services, such as support for form to assist in identifying fraud and ensur-
from the Office of Management and Budget conducting Federal research security risk as- ing the eligibility of applicants;
to serve as the Chairperson of the Council. sessments, activities to mitigate such risks, ‘‘(2) design the process—
‘‘(2) FUNCTIONS.—The Chairperson shall and oversight and investigations with re- ‘‘(A) to reduce the administrative burden
perform functions that include— spect to grants awarded by Executive agen- on persons applying for Federal research and
‘‘(A) subject to subsection (d), developing a cies; and development funding; and
schedule for meetings of the Council; ‘‘(B) common contract solutions to support ‘‘(B) to promote information sharing
‘‘(B) designating Executive agencies to be the verification of the identities of persons across the United States research commu-
represented on the Council under subsection participating in federally funded research nity, while safeguarding sensitive informa-
(b)(1)(Q); and development. tion; and
‘‘(C) in consultation with the lead rep- ‘‘(6) Identifying and issuing guidance, in ‘‘(3) complete the process not later than 1
resentative of each agency represented on accordance with subsection (e) and in coordi- year after the date of the enactment of the
the Council, developing a charter for the nation with the National Insider Threat Safeguarding American Innovation Act.
Council; and Task Force established by Executive Order
‘‘(D) not later than 7 days after completion 13587 (50 U.S.C. 3161 note) for expanding the ‘‘(d) REQUIREMENTS FOR INFORMATION SHAR-
of the charter, submitting the charter to the scope of Executive agency insider threat pro- ING CRITERIA.—In identifying or developing
appropriate congressional committees. grams, including the safeguarding of re- criteria and procedures for sharing informa-
‘‘(3) LEAD SCIENCE ADVISOR.—The Director search and development from exploitation, tion with respect to Federal research secu-
of the Office of Science and Technology Pol- compromise, or other unauthorized disclo- rity risks under subsection (b)(3), the Coun-
icy shall designate a senior level official to sure, taking into account risk levels and the cil shall ensure that such criteria address, at
be the lead science advisor to the Council for distinct needs, missions, and systems of each a minimum—
purposes of this chapter. such agency. ‘‘(1) the information to be shared;
‘‘(4) LEAD SECURITY ADVISOR.—The Director ‘‘(7) Identifying and issuing guidance for ‘‘(2) the circumstances under which shar-
of the National Counterintelligence and Se- developing compliance and oversight pro- ing is mandated or voluntary;
curity Center shall designate a senior level grams for Executive agencies to ensure that ‘‘(3) the circumstances under which it is
official from the National Counterintel- research and development grant recipients appropriate for an Executive agency to rely
ligence and Security Center to be the lead accurately report conflicts of interest and on information made available through such
security advisor to the Council for purposes conflicts of commitment in accordance with sharing in exercising the responsibilities and
of this chapter. subsection (c)(1). Such programs shall in- authorities of the agency under applicable
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‘‘(d) MEETINGS.—The Council shall meet clude an assessment of— laws relating to the award of grants;
not later than 60 days after the date of the ‘‘(A) a grantee’s support from foreign ‘‘(4) the procedures for protecting intellec-
enactment of the Safeguarding American In- sources and affiliations, appointments, or tual capital that may be present in such in-
novation Act and not less frequently than participation in talent programs with for- formation; and
quarterly thereafter. eign funding institutions or laboratories; and ‘‘(5) appropriate privacy protections for
‘‘§ 7903. Functions and authorities ‘‘(B) the impact of such support and affili- persons involved in Federal research and de-
‘‘(a) DEFINITIONS.—In this section: ations, appointments, or participation in tal- velopment.
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S7848 CONGRESSIONAL RECORD — SENATE November 4, 2021
‘‘(e) REQUIREMENTS FOR INSIDER THREAT provide quarterly reports to the Director of SEC. 4494. FEDERAL GRANT APPLICATION
PROGRAM GUIDANCE.—In identifying or devel- the Office of Management and Budget and FRAUD.
oping guidance with respect to insider threat the Director of the Office of Science and (a) IN GENERAL.—Chapter 47 of title 18,
programs under subsection (b)(6), the Council Technology Policy that detail— United States Code, is amended by adding at
shall ensure that such guidance provides for, ‘‘(1) the number of ongoing investigations the end the following:
at a minimum— by Council Members related to Federal re-
‘‘(1) such programs— search security that may result, or have re- ‘‘§ 1041. Federal grant application fraud
‘‘(A) to deter, detect, and mitigate insider sulted, in agency pre-notice letters, suspen- ‘‘(a) DEFINITIONS.—In this section:
threats; and sions, proposed debarments, and debarments; ‘‘(1) FEDERAL AGENCY.—The term ‘Federal
‘‘(B) to leverage counterintelligence, secu- ‘‘(2) Federal agencies’ performance and agency’ has the meaning given the term
rity, information assurance, and other rel- compliance with interagency suspensions ‘agency’ in section 551 of title 5, United
evant functions and resources to identify and and debarments; States Code.
counter insider threats; and ‘‘(3) efforts by the Interagency Suspension ‘‘(2) FEDERAL GRANT.—The term ‘Federal
‘‘(2) the development of an integrated capa- and Debarment Committee to mitigate Fed- grant’—
bility to monitor and audit information for eral research security risk; ‘‘(A) means a grant awarded by a Federal
the detection and mitigation of insider ‘‘(4) proposals for developing a unified Fed- agency;
threats, including through— eral policy on suspensions and debarments; ‘‘(B) includes a subgrant awarded by a non-
‘‘(A) monitoring user activity on computer and Federal entity to carry out a Federal grant
networks controlled by Executive agencies; ‘‘(5) other current suspension and debar- program; and
‘‘(B) providing employees of Executive ment related issues. ‘‘(C) does not include—
agencies with awareness training with re- ‘‘(h) SAVINGS PROVISION.—Nothing in this ‘‘(i) direct United States Government cash
spect to insider threats and the responsibil- section may be construed— assistance to an individual;
ities of employees to report such threats; ‘‘(1) to alter or diminish the authority of ‘‘(ii) a subsidy;
‘‘(C) gathering information for a central- any Federal agency; or ‘‘(iii) a loan;
ized analysis, reporting, and response capa- ‘‘(2) to alter any procedural requirements ‘‘(iv) a loan guarantee; or
bility; and or remedies that were in place before the ‘‘(v) insurance.
‘‘(D) information sharing to aid in tracking date of the enactment of the Safeguarding ‘‘(3) FEDERAL GRANT APPLICATION.—The
the risk individuals may pose while moving American Innovation Act. term ‘Federal grant application’ means an
across programs and affiliations; ‘‘§ 7904. Annual report application for a Federal grant.
‘‘(3) the development and implementation
‘‘Not later than November 15 of each year, ‘‘(4) FOREIGN COMPENSATION.—The term
of policies and procedures under which the
the Chairperson of the Council shall submit ‘foreign compensation’ means a title, mone-
insider threat program of an Executive agen-
a report to the appropriate congressional tary compensation, access to a laboratory or
cy accesses, shares, and integrates informa-
committees that describes the activities of other resource, or other benefit received
tion and data derived from offices within the
the Council during the preceding fiscal year. from—
agency and shares insider threat information
‘‘§ 7905. Requirements for Executive agencies ‘‘(A) a foreign government;
with the executive agency research sponsors;
‘‘(a) IN GENERAL.—The head of each Execu- ‘‘(B) a foreign government institution; or
‘‘(4) the designation of senior officials with
tive agency on the Council shall be respon- ‘‘(C) a foreign public enterprise.
authority to provide management, account-
sible for— ‘‘(5) FOREIGN GOVERNMENT.—The term ‘for-
ability, and oversight of the insider threat
‘‘(1) assessing Federal research security eign government’ includes a person acting or
program of an Executive agency and to make
risks posed by persons participating in feder- purporting to act on behalf of—
resource recommendations to the appro-
ally funded research and development; ‘‘(A) a faction, party, department, agency,
priate officials; and
‘‘(2) avoiding or mitigating such risks, as bureau, subnational administrative entity,
‘‘(5) such additional guidance as is nec-
appropriate and consistent with the stand- or military of a foreign country; or
essary to reflect the distinct needs, missions,
ards, guidelines, requirements, and practices ‘‘(B) a foreign government or a person pur-
and systems of each Executive agency.
‘‘(f) ISSUANCE OF WARNINGS RELATING TO identified by the Council under section porting to act as a foreign government, re-
RISKS AND VULNERABILITIES IN INTER- 7903(b); gardless of whether the United States recog-
NATIONAL SCIENTIFIC COOPERATION.— ‘‘(3) prioritizing Federal research security nizes the government.
‘‘(1) IN GENERAL.—The Council, in conjunc- risk assessments conducted under paragraph ‘‘(6) FOREIGN GOVERNMENT INSTITUTION.—
tion with the lead security advisor des- (1) based on the applicability and relevance The term ‘foreign government institution’
ignated under section 7902(c)(4), shall estab- of the research and development to the na- means a foreign entity owned by, subject to
lish a process for informing members of the tional security and economic competitive- the control of, or subject to regulation by a
United States research community and the ness of the United States; and foreign government.
public, through the issuance of warnings de- ‘‘(4) ensuring that initiatives impacting ‘‘(7) FOREIGN PUBLIC ENTERPRISE.—The
scribed in paragraph (2), of potential risks Federally funded research grant making pol- term ‘foreign public enterprise’ means an en-
and vulnerabilities in international sci- icy and management to protect the national terprise over which a foreign government di-
entific cooperation that may undermine the and economic security interests of the rectly or indirectly exercises a dominant in-
integrity and security of the United States United States are integrated with the activi- fluence.
research community or place at risk any fed- ties of the Council. ‘‘(8) LAW ENFORCEMENT AGENCY.—The term
erally funded research and development. ‘‘(b) INCLUSIONS.—The responsibility of the ‘law enforcement agency’—
‘‘(2) CONTENT.—A warning described in this head of an Executive agency for assessing ‘‘(A) means a Federal, State, local, or Trib-
paragraph shall include, to the extent the Federal research security risk described in al law enforcement agency; and
Council considers appropriate, a description subsection (a) includes— ‘‘(B) includes—
of— ‘‘(1) developing an overall Federal research ‘‘(i) the Office of Inspector General of an
‘‘(A) activities by the national govern- security risk management strategy and im- establishment (as defined in section 12 of the
ment, local governments, research institu- plementation plan and policies and processes Inspector General Act of 1978 (5 U.S.C. App.))
tions, or universities of a foreign country— to guide and govern Federal research secu- or a designated Federal entity (as defined in
‘‘(i) to exploit, interfere, or undermine re- rity risk management activities by the Exec- section 8G(a) of the Inspector General Act of
search and development by the United States utive agency; 1978 (5 U.S.C. App.)); and
research community; or ‘‘(2) integrating Federal research security ‘‘(ii) the Office of Inspector General, or
‘‘(ii) to misappropriate scientific knowl- risk management practices throughout the similar office, of a State or unit of local gov-
edge resulting from federally funded re- lifecycle of the grant programs of the Execu- ernment.
search and development; tive agency; ‘‘(9) OUTSIDE COMPENSATION.—The term
‘‘(B) efforts by strategic competitors to ex- ‘‘(3) sharing relevant information with ‘outside compensation’ means any com-
ploit the research enterprise of a foreign other Executive agencies, as determined ap- pensation, resource, or support (regardless of
country that may place at risk— propriate by the Council in a manner con- monetary value) made available to the appli-
‘‘(i) the science and technology of that for- sistent with section 7903; and cant in support of, or related to, any re-
eign country; or ‘‘(4) reporting on the effectiveness of the search endeavor, including a title, research
‘‘(ii) federally funded research and develop- Federal research security risk management grant, cooperative agreement, contract, in-
ment; and strategy of the Executive agency consistent stitutional award, access to a laboratory, or
‘‘(C) practices within the research enter- with guidance issued by the Office of Man- other resource, including materials, travel
ctelli on DSK11ZRN23PROD with SENATE
prise of a foreign country that do not adhere agement and Budget and the Council.’’. compensation, or work incentives.
to the United States scientific values of (b) CLERICAL AMENDMENT.—The table of ‘‘(b) PROHIBITION.—It shall be unlawful for
openness, transparency, reciprocity, integ- chapters at the beginning of title 31, United any individual to knowingly—
rity, and merit-based competition. States Code, is amended by inserting after ‘‘(1) prepare or submit a Federal grant ap-
‘‘(g) EXCLUSION ORDERS.—To reduce Fed- the item relating to chapter 77 the following: plication that fails to disclose the receipt of
eral research security risk, the Interagency ‘‘79. Federal Research Security Coun- any outside compensation, including foreign
Suspension and Debarment Committee shall cil ................................................. 7901.’’. compensation, by the individual;
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7849
‘‘(2) forge, counterfeit, or otherwise falsify (e), the Secretary of State, in coordination (2) identifies the sections of a visa applica-
a document for the purpose of obtaining a with the Director of National Intelligence, tion that are machine-readable and the sec-
Federal grant; or the Director of the Office of Science and tions that are not machine-readable;
‘‘(3) prepare, submit, or assist in the prepa- Technology Policy, the Secretary of Home- (3) provides cost estimates, including per-
ration or submission of a Federal grant ap- land Security, the Secretary of Defense, the sonnel costs and a cost-benefit analysis for
plication or document in connection with a Secretary of Energy, the Secretary of Com- adopting different technologies, including
Federal grant application that— merce, and the heads of other appropriate optical character recognition, for—
‘‘(A) contains a false statement; Federal agencies, shall submit a report to (A) making every element of a visa appli-
‘‘(B) contains a material misrepresenta- the Committee on the Judiciary of the Sen- cation, and documents submitted in support
tion; ate, the Committee on Foreign Relations of of a visa application, machine-readable; and
‘‘(C) has no basis in law or fact; or the Senate, the Committee on Homeland Se- (B) ensuring that such system—
‘‘(D) fails to disclose a material fact. curity and Governmental Affairs of the Sen- (i) protects personally-identifiable infor-
‘‘(c) EXCEPTION.—Subsection (b) does not ate, the Committee on the Judiciary of the mation; and
apply to an activity— House of Representatives, the Committee on (ii) permits the sharing of visa information
‘‘(1) carried out in connection with a law- Foreign Affairs of the House of Representa- with Federal agencies in accordance with ex-
fully authorized investigative, protective, or tives, and the Committee on Oversight and isting law; and
intelligence activity of— Reform of the House of Representatives that (4) includes an estimated timeline for com-
‘‘(A) a law enforcement agency; or identifies— pleting the implementation of subsection (a).
(1) any criteria, if relevant used to describe
‘‘(B) a Federal intelligence agency; or SEC. 4497. CERTIFICATIONS REGARDING ACCESS
the aliens to which the grounds of inadmis-
‘‘(2) authorized under chapter 224. TO EXPORT CONTROLLED TECH-
sibility described in subsection (a) may NOLOGY IN EDUCATIONAL AND CUL-
‘‘(d) PENALTY.—Any individual who vio-
apply; TURAL EXCHANGE PROGRAMS.
lates subsection (b)—
(2) the number of individuals determined Section 102(b)(5) of the Mutual Educational
‘‘(1) shall be fined in accordance with this
to be inadmissible under subsection (a), in- and Cultural Exchange Act of 1961 (22 U.S.C.
title, imprisoned for not more than 5 years,
cluding the nationality of each such indi- 2452(b)(5)) is amended to read as follows:
or both; and
vidual and the reasons for each determina- ‘‘(5) promoting and supporting medical,
‘‘(2) shall be prohibited from receiving a
tion of inadmissibility; and scientific, cultural, and educational research
Federal grant during the 5-year period begin-
(3) the number of days from the date of the and development by developing exchange
ning on the date on which a sentence is im-
consular interview until a final decision is programs for foreign researchers and sci-
posed on the individual under paragraph
issued for each application for a visa consid- entists, while protecting technologies regu-
(1).’’.
ered under this section, listed by applicants’ lated by export control laws important to
(b) CLERICAL AMENDMENT.—The analysis
country of citizenship and relevant con- the national security and economic interests
for chapter 47 of title 18, United States Code,
sulate. of the United States, by requiring—
is amended by adding at the end the fol- (d) CLASSIFICATION OF REPORT.—Each re-
lowing: ‘‘(A) the sponsor to certify to the Depart-
port required under subsection (c) shall be
‘‘1041. Federal grant application fraud.’’. ment of State that the sponsor, after review-
submitted, to the extent practicable, in an
unclassified form, but may be accompanied ing all regulations related to the Export
SEC. 4495. RESTRICTING THE ACQUISITION OF
EMERGING TECHNOLOGIES BY CER- by a classified annex. Controls Act of 2018 (50 U.S.C. 4811 et seq.)
TAIN ALIENS. (e) SUNSET.—This section shall cease to be and the Arms Export Control Act (22 U.S.C.
(a) GROUNDS OF INADMISSIBILITY.—The Sec- effective on the date that is 2 years after the 2751 et seq.), has determined that—
retary of State may determine that an alien date of the enactment of this Act. ‘‘(i) a license is not required from the De-
is inadmissible if the Secretary determines SEC. 4496.
MACHINE READABLE VISA DOCU- partment of Commerce or the Department of
such alien is seeking to enter the United MENTS. State to release such technology or technical
States to knowingly acquire sensitive or (a) MACHINE-READABLE DOCUMENTS.—Not data to the exchange visitor; or
emerging technologies to undermine na- later than 1 year after the date of the enact- ‘‘(ii)(I) a license is required from the De-
tional security interests of the United States ment of this Act, the Secretary of State partment of Commerce or the Department of
by benefitting an adversarial foreign govern- shall— State to release such technology or technical
ment’s security or strategic capabilities. (1) use a machine-readable visa application data to the exchange visitor; and
(b) RELEVANT FACTORS.—To determine if form; and ‘‘(II) the sponsor will prevent access to the
an alien is inadmissible under subsection (a), (2) make available documents submitted in controlled technology or technical data by
the Secretary of State shall— support of a visa application in a machine the exchange visitor until the sponsor—
(1) take account of information and anal- readable format to assist in— ‘‘(aa) has received the required license or
yses relevant to implementing subsection (a) (A) identifying fraud; other authorization to release it to the vis-
from the Office of the Director of National (B) conducting lawful law enforcement ac- itor; and
Intelligence, the Department of Health and tivities; and ‘‘(bb) has provided a copy of such license or
Human Services, the Department of Defense, (C) determining the eligibility of appli- authorization to the Department of State;
the Department of Homeland Security, the cants for a visa under the Immigration and and
Department of Energy, the Department of Nationality Act (8 U.S.C. 1101 et seq.). ‘‘(B) if the sponsor maintains export con-
Commerce, and other appropriate Federal (b) WAIVER.—The Secretary of State may trolled technology or technical data, the
agencies; waive the requirement under subsection (a) sponsor to submit to the Department of
by providing to Congress, not later than 30 State the sponsor’s plan to prevent unau-
(2) take account of the continual expert as-
days before such waiver takes effect— thorized export or transfer of any controlled
sessments of evolving sensitive or emerging
(1) a detailed explanation for why the waiv- items, materials, information, or technology
technologies that foreign adversaries are
er is being issued; and at the sponsor organization or entities asso-
targeting;
(2) a timeframe for the implementation of ciated with a sponsor’s administration of the
(3) take account of relevant information
the requirement under subsection (a). exchange visitor program.’’.
concerning the foreign person’s employment (c) REPORT.—Not later than 45 days after
or collaboration, to the extent known, SEC. 4498. PRIVACY AND CONFIDENTIALITY.
date of the enactment of this Act, the Sec- Nothing in this subtitle may be construed
with— retary of State shall submit a report to the
(A) foreign military and security related as affecting the rights and requirements pro-
Committee on Homeland Security and Gov-
organizations that are adversarial to the vided in section 552a of title 5, United States
ernmental Affairs of the Senate, the Com-
United States; Code (commonly known as the ‘‘Privacy Act
mittee on Commerce, Science, and Transpor-
(B) foreign institutions involved in the of 1974’’) or subchapter III of chapter 35 of
tation of the Senate, the Select Committee
theft of United States research; on Intelligence of the Senate, the Committee title 44, United States Code (commonly
(C) entities involved in export control vio- on Foreign Relations of the Senate; the Com- known as the ‘‘Confidential Information Pro-
lations or the theft of intellectual property; mittee on Oversight and Reform of the House tection and Statistical Efficiency Act of
(D) a government that seeks to undermine of Representatives, the Committee on Home- 2018’’).
the integrity and security of the United land Security of the House of Representa- ---
States research community; or tives, the Committee on Energy and Com- SA 4293. Mr. PORTMAN submitted an
(E) other associations or collaborations merce of the House of Representatives, the amendment intended to be proposed to
that pose a national security threat based on Permanent Select Committee on Intelligence amendment SA 3867 submitted by Mr.
intelligence assessments; and of the House of Representatives, and the REED and intended to be proposed to
ctelli on DSK11ZRN23PROD with SENATE
(4) weigh the proportionality of risks and Committee on Foreign Affairs of the House the bill H.R. 4350, to authorize appro-
the factors listed in paragraphs (1) through of Representatives that—
(1) describes how supplementary docu-
priations for fiscal year 2022 for mili-
(3).
(c) REPORTING REQUIREMENT.—Not later ments provided by a visa applicant in sup- tary activities of the Department of
than 180 days after the date of the enactment port of a visa application are stored and Defense, for military construction, and
of this Act, and semi-annually thereafter shared by the Department of State with au- for defense activities of the Depart-
until the sunset date set forth in subsection thorized Federal agencies; ment of Energy, to prescribe military
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S7850 CONGRESSIONAL RECORD — SENATE November 4, 2021
personnel strengths for such fiscal ‘‘(K) the Committee on Foreign Affairs of ‘‘§ 7902. Federal Research Security Council
year, and for other purposes; which was the House of Representatives; establishment and membership
ordered to lie on the table; as follows: ‘‘(L) the Committee on Armed Services of ‘‘(a) ESTABLISHMENT.—There is established,
the House of Representatives; and in the Office of Management and Budget, a
At the end of title X, add the following: ‘‘(M) the Committee on Education and Federal Research Security Council, which
Subtitle H—Safeguarding American Labor of the House of Representatives. shall develop federally funded research and
Innovation ‘‘(2) COUNCIL.—The term ‘Council’ means development grant making policy and man-
SEC. 1071. SHORT TITLE. the Federal Research Security Council es- agement guidance to protect the national
This subtitle may be cited as the ‘‘Safe- tablished under section 7902(a). and economic security interests of the
guarding American Innovation Act’’. ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu- United States.
SEC. 1072. DEFINITIONS. tive agency’ has the meaning given that ‘‘(b) MEMBERSHIP.—
term in section 105 of title 5. ‘‘(1) IN GENERAL.—The following agencies
In this subtitle:
‘‘(4) FEDERAL RESEARCH SECURITY RISK.— shall be represented on the Council:
(1) FEDERAL SCIENCE AGENCY.—The term
The term ‘Federal research security risk’ ‘‘(A) The Office of Management and Budg-
‘‘Federal science agency’’ means any Federal
means the risk posed by malign state actors et.
department or agency to which more than
and other persons to the security and integ- ‘‘(B) The Office of Science and Technology
$100,000,000 in basic and applied research and
rity of research and development conducted Policy.
development funds were appropriated for the using research and development funds award- ‘‘(C) The Department of Defense.
previous fiscal year. ed by Executive agencies. ‘‘(D) The Department of Homeland Secu-
(2) RESEARCH AND DEVELOPMENT.— ‘‘(5) INSIDER.—The term ‘insider’ means rity.
(A) IN GENERAL.—The term ‘‘research and any person with authorized access to any ‘‘(E) The Office of the Director of National
development’’ means all research activities, United States Government resource, includ- Intelligence.
both basic and applied, and all development ing personnel, facilities, information, re- ‘‘(F) The Department of Justice.
activities. search, equipment, networks, or systems. ‘‘(G) The Department of Energy.
(B) DEVELOPMENT.—The term ‘‘develop- ‘‘(6) INSIDER THREAT.—The term ‘insider ‘‘(H) The Department of Commerce.
ment’’ means experimental development. threat’ means the threat that an insider will ‘‘(I) The Department of Health and Human
(C) EXPERIMENTAL DEVELOPMENT.—The use his or her authorized access (wittingly or Services.
term ‘‘experimental development’’ means unwittingly) to harm the national and eco- ‘‘(J) The Department of State.
creative and systematic work, drawing upon nomic security of the United States or nega- ‘‘(K) The Department of Transportation.
knowledge gained from research and prac- tively affect the integrity of a Federal agen- ‘‘(L) The National Aeronautics and Space
tical experience, which— cy’s normal processes, including damaging Administration.
(i) is directed toward the production of new the United States through espionage, sabo- ‘‘(M) The National Science Foundation.
products or processes or improving existing tage, terrorism, unauthorized disclosure of ‘‘(N) The Department of Education.
products or processes; and national security information or nonpublic ‘‘(O) The Small Business Administration.
(ii) like research, will result in gaining ad- information, a destructive act (which may ‘‘(P) The Council of Inspectors General on
ditional knowledge. include physical harm to another in the Integrity and Efficiency.
(D) RESEARCH.—The term ‘‘research’’— workplace), or through the loss or degrada- ‘‘(Q) Other Executive agencies, as deter-
(i) means a systematic study directed to- tion of departmental resources, capabilities, mined by the Chairperson of the Council.
ward fuller scientific knowledge or under- and functions. ‘‘(2) LEAD REPRESENTATIVES.—
standing of the subject studied; and ‘‘(7) RESEARCH AND DEVELOPMENT.— ‘‘(A) DESIGNATION.—Not later than 45 days
(ii) includes activities involving the train- ‘‘(A) IN GENERAL.—The term ‘research and after the date of the enactment of the Safe-
ing of individuals in research techniques if development’ means all research activities, guarding American Innovation Act, the head
such activities— both basic and applied, and all development of each agency represented on the Council
(I) utilize the same facilities as other re- activities. shall designate a representative of that agen-
search and development activities; and ‘‘(B) DEVELOPMENT.—The term ‘develop- cy as the lead representative of the agency
(II) are not included in the instruction ment’ means experimental development. on the Council.
function. ‘‘(C) EXPERIMENTAL DEVELOPMENT.—The ‘‘(B) FUNCTIONS.—The lead representative
SEC. 1073. FEDERAL RESEARCH SECURITY COUN- term ‘experimental development’ means cre- of an agency designated under subparagraph
CIL. ative and systematic work, drawing upon (A) shall ensure that appropriate personnel,
(a) IN GENERAL.—Subtitle V of title 31, knowledge gained from research and prac- including leadership and subject matter ex-
United States Code, is amended by adding at tical experience, which— perts of the agency, are aware of the busi-
the end the following: ‘‘(i) is directed toward the production of ness of the Council.
‘‘CHAPTER 79—FEDERAL RESEARCH new products or processes or improving ex- ‘‘(c) CHAIRPERSON.—
SECURITY COUNCIL isting products or processes; and ‘‘(1) DESIGNATION.—Not later than 45 days
‘‘(ii) like research, will result in gaining after the date of the enactment of the Safe-
‘‘Sec.
additional knowledge. guarding American Innovation Act, the Di-
‘‘7901. Definitions.
‘‘(D) RESEARCH.—The term ‘research’— rector of the Office of Management and
‘‘7902. Federal Research Security Council es-
‘‘(i) means a systematic study directed to- Budget shall designate a senior level official
tablishment and membership.
ward fuller scientific knowledge or under- from the Office of Management and Budget
‘‘7903. Functions and authorities.
standing of the subject studied; and to serve as the Chairperson of the Council.
‘‘7904. Strategic plan.
‘‘(ii) includes activities involving the ‘‘(2) FUNCTIONS.—The Chairperson shall
‘‘7905. Annual report.
training of individuals in research tech- perform functions that include—
‘‘7906. Requirements for Executive agencies.
niques if such activities— ‘‘(A) subject to subsection (d), developing a
‘‘§ 7901. Definitions ‘‘(I) utilize the same facilities as other re- schedule for meetings of the Council;
‘‘In this chapter: search and development activities; and ‘‘(B) designating Executive agencies to be
‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(II) are not included in the instruction represented on the Council under subsection
TEES.—The term ‘appropriate congressional function. (b)(1)(Q);
committees’ means— ‘‘(8) UNITED STATES RESEARCH COMMUNITY.— ‘‘(C) in consultation with the lead rep-
‘‘(A) the Committee on Homeland Security The term ‘United States research commu- resentative of each agency represented on
and Governmental Affairs of the Senate; nity’ means— the Council, developing a charter for the
‘‘(B) the Committee on Commerce, ‘‘(A) research and development centers of Council; and
Science, and Transportation of the Senate; Executive agencies; ‘‘(D) not later than 7 days after completion
‘‘(C) the Select Committee on Intelligence ‘‘(B) private research and development cen- of the charter, submitting the charter to the
of the Senate; ters in the United States, including for profit appropriate congressional committees.
‘‘(D) the Committee on Foreign Relations and nonprofit research institutes; ‘‘(3) LEAD SCIENCE ADVISOR.—The Director
of the Senate; ‘‘(C) research and development centers at of the Office of Science and Technology Pol-
‘‘(E) the Committee on Armed Services of institutions of higher education (as defined icy shall designate a senior level official to
the Senate; in section 101(a) of the Higher Education Act be the lead science advisor to the Council for
‘‘(F) the Committee on Health, Education, of 1965 (20 U.S.C. 1001(a))); purposes of this chapter.
Labor, and Pensions of the Senate; ‘‘(D) research and development centers of ‘‘(4) LEAD SECURITY ADVISOR.—The Director
‘‘(G) the Committee on Oversight and Re- States, United States territories, Indian of the National Counterintelligence and Se-
ctelli on DSK11ZRN23PROD with SENATE
form of the House of Representatives; tribes, and municipalities; curity Center shall designate a senior level
‘‘(H) the Committee on Homeland Security ‘‘(E) government-owned, contractor-oper- official from the National Counterintel-
of the House of Representatives; ated United States Government research and ligence and Security Center to be the lead
‘‘(I) the Committee on Energy and Com- development centers; and security advisor to the Council for purposes
merce of the House of Representatives; ‘‘(F) any person conducting federally fund- of this chapter.
‘‘(J) the Permanent Select Committee on ed research or receiving Federal research ‘‘(d) MEETINGS.—The Council shall meet
Intelligence of the House of Representatives; grant funding. not later than 60 days after the date of the
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7851
enactment of the Safeguarding American In- participation in talent programs with for- ‘‘(5) appropriate privacy protections for
novation Act and not less frequently than eign funding institutions or laboratories; and persons involved in Federal research and de-
quarterly thereafter. ‘‘(B) the impact of such support and affili- velopment.
‘‘§ 7903. Functions and authorities ations, appointments, or participation in tal- ‘‘(e) REQUIREMENTS FOR INSIDER THREAT
‘‘(a) DEFINITIONS.—In this section: ent programs on United States national se- PROGRAM GUIDANCE.—In identifying or devel-
‘‘(1) IMPLEMENTING.—The term ‘imple- curity and economic interests. oping guidance with respect to insider threat
menting’ means working with the relevant ‘‘(8) Providing guidance to Executive agen- programs under subsection (b)(6), the Council
cies regarding appropriate application of shall ensure that such guidance provides for,
Federal agencies, through existing processes
consequences for violations of disclosure re- at a minimum—
and procedures, to enable those agencies to
quirements. ‘‘(1) such programs—
put in place and enforce the measures de-
‘‘(9) Developing and implementing a cross- ‘‘(A) to deter, detect, and mitigate insider
scribed in this section.
agency policy and providing guidance related threats; and
‘‘(2) UNIFORM APPLICATION PROCESS.—The
to the use of digital persistent identifiers for ‘‘(B) to leverage counterintelligence, secu-
term ‘uniform application process’ means a
individual researchers supported by, or rity, information assurance, and other rel-
process employed by Federal science agen-
working on, any Federal research grant with evant functions and resources to identify and
cies to maximize the collection of informa-
the goal to enhance transparency and secu- counter insider threats; and
tion regarding applicants and applications,
rity, while reducing administrative burden ‘‘(2) the development of an integrated capa-
as determined by the Council.
‘‘(b) IN GENERAL.—The Chairperson of the for researchers and research institutions. bility to monitor and audit information for
Council shall consider the missions and re- ‘‘(10) Engaging with the United States re- the detection and mitigation of insider
sponsibilities of Council members in deter- search community in conjunction with the threats, including through—
mining the lead agencies for Council func- National Science and Technology Council ‘‘(A) monitoring user activity on computer
tions. The Council shall perform the fol- and the National Academies Science, Tech- networks controlled by Executive agencies;
lowing functions: nology and Security Roundtable created ‘‘(B) providing employees of Executive
‘‘(1) Developing and implementing, across agencies with awareness training with re-
under section 1746 of the National Defense
all Executive agencies that award research spect to insider threats and the responsibil-
Authorization Act for Fiscal Year 2020 (Pub-
and development grants, awards, and con- ities of employees to report such threats;
lic Law 116–92; 42 U.S.C. 6601 note) in per-
tracts, a uniform application process for ‘‘(C) gathering information for a central-
forming the functions described in para-
grants in accordance with subsection (c). ized analysis, reporting, and response capa-
graphs (1), (2), and (3) and with respect to
‘‘(2) Developing and implementing policies bility; and
issues relating to Federal research security
and providing guidance to prevent malign ‘‘(D) information sharing to aid in tracking
risks.
foreign interference from unduly influencing the risk individuals may pose while moving
‘‘(11) Carrying out such other functions,
the peer review process for federally funded across programs and affiliations;
consistent with Federal law, that are nec-
research and development. ‘‘(3) the development and implementation
essary to reduce Federal research security of policies and procedures under which the
‘‘(3) Identifying or developing criteria for risks.
sharing among Executive agencies and with insider threat program of an Executive agen-
‘‘(c) REQUIREMENTS FOR UNIFORM GRANT cy accesses, shares, and integrates informa-
law enforcement and other agencies, as ap- APPLICATION PROCESS.—In developing the
propriate, information regarding individuals tion and data derived from offices within the
uniform application process for Federal re- agency and shares insider threat information
who violate disclosure policies and other search and development grants required
policies related to research security. with the executive agency research sponsors;
under subsection (b)(1), the Council shall— ‘‘(4) the designation of senior officials with
‘‘(4) Identifying an appropriate Executive
‘‘(1) ensure that the process— authority to provide management, account-
agency—
‘‘(A) requires principal investigators, co- ability, and oversight of the insider threat
‘‘(A) to accept and protect information
principal investigators, and key personnel program of an Executive agency and to make
submitted by Executive agencies and non-
associated with the proposed Federal re- resource recommendations to the appro-
Federal entities based on the process estab-
search or development grant project— priate officials; and
lished pursuant to paragraph (1); and
‘‘(i) to disclose biographical information, ‘‘(5) such additional guidance as is nec-
‘‘(B) to facilitate the sharing of informa-
all affiliations, including any foreign mili- essary to reflect the distinct needs, missions,
tion received under subparagraph (A) to sup-
tary, foreign government-related organiza- and systems of each Executive agency.
port, consistent with Federal law—
‘‘(i) the oversight of federally funded re- tions, and foreign-funded institutions, and ‘‘(f) ISSUANCE OF WARNINGS RELATING TO
search and development; all current and pending support, including RISKS AND VULNERABILITIES IN INTER-
‘‘(ii) criminal and civil investigations of from foreign institutions, foreign govern- NATIONAL SCIENTIFIC COOPERATION.—
misappropriated Federal funds, resources, ments, or foreign laboratories, and all sup- ‘‘(1) IN GENERAL.—The Council, in conjunc-
and information; and port received from foreign sources; and tion with the lead security advisor des-
‘‘(iii) counterintelligence investigations. ‘‘(ii) to certify the accuracy of the required ignated under section 7902(c)(4), shall estab-
‘‘(5) Identifying, as appropriate, Executive disclosures under penalty of perjury; and lish a process for informing members of the
agencies to provide— ‘‘(B) uses a machine-readable application United States research community and the
‘‘(A) shared services, such as support for form to assist in identifying fraud and ensur- public, through the issuance of warnings de-
conducting Federal research security risk as- ing the eligibility of applicants; scribed in paragraph (2), of potential risks
sessments, activities to mitigate such risks, ‘‘(2) design the process— and vulnerabilities in international sci-
and oversight and investigations with re- ‘‘(A) to reduce the administrative burden entific cooperation that may undermine the
spect to grants awarded by Executive agen- on persons applying for Federal research and integrity and security of the United States
cies; and development funding; and research community or place at risk any fed-
‘‘(B) common contract solutions to support ‘‘(B) to promote information sharing erally funded research and development.
the verification of the identities of persons across the United States research commu- ‘‘(2) CONTENT.—A warning described in this
participating in federally funded research nity, while safeguarding sensitive informa- paragraph shall include, to the extent the
and development. tion; and Council considers appropriate, a description
‘‘(6) Identifying and issuing guidance, in ‘‘(3) complete the process not later than 1 of—
accordance with subsection (e) and in coordi- year after the date of the enactment of the ‘‘(A) activities by the national govern-
nation with the National Insider Threat Safeguarding American Innovation Act. ment, local governments, research institu-
Task Force established by Executive Order ‘‘(d) REQUIREMENTS FOR INFORMATION SHAR- tions, or universities of a foreign country—
13587 (50 U.S.C. 3161 note) for expanding the ING CRITERIA.—In identifying or developing ‘‘(i) to exploit, interfere, or undermine re-
scope of Executive agency insider threat pro- criteria and procedures for sharing informa- search and development by the United States
grams, including the safeguarding of re- tion with respect to Federal research secu- research community; or
search and development from exploitation, rity risks under subsection (b)(3), the Coun- ‘‘(ii) to misappropriate scientific knowl-
compromise, or other unauthorized disclo- cil shall ensure that such criteria address, at edge resulting from federally funded re-
sure, taking into account risk levels and the a minimum— search and development;
distinct needs, missions, and systems of each ‘‘(1) the information to be shared; ‘‘(B) efforts by strategic competitors to ex-
such agency. ‘‘(2) the circumstances under which shar- ploit the research enterprise of a foreign
‘‘(7) Identifying and issuing guidance for ing is mandated or voluntary; country that may place at risk—
developing compliance and oversight pro- ‘‘(3) the circumstances under which it is ‘‘(i) the science and technology of that for-
grams for Executive agencies to ensure that appropriate for an Executive agency to rely eign country; or
ctelli on DSK11ZRN23PROD with SENATE
research and development grant recipients on information made available through such ‘‘(ii) federally funded research and develop-
accurately report conflicts of interest and sharing in exercising the responsibilities and ment; and
conflicts of commitment in accordance with authorities of the agency under applicable ‘‘(C) practices within the research enter-
subsection (c)(1). Such programs shall in- laws relating to the award of grants; prise of a foreign country that do not adhere
clude an assessment of— ‘‘(4) the procedures for protecting intellec- to the United States scientific values of
‘‘(A) a grantee’s support from foreign tual capital that may be present in such in- openness, transparency, reciprocity, integ-
sources and affiliations, appointments, or formation; and rity, and merit-based competition.
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S7852 CONGRESSIONAL RECORD — SENATE November 4, 2021
‘‘(g) EXCLUSION ORDERS.—To reduce Fed- ‘‘79. Federal Research Security Coun- ‘‘(2) forge, counterfeit, or otherwise falsify
eral research security risk, the Interagency cil ................................................. 7901.’’. a document for the purpose of obtaining a
Suspension and Debarment Committee shall SEC. 1074. FEDERAL GRANT APPLICATION Federal grant; or
provide quarterly reports to the Director of FRAUD. ‘‘(3) prepare, submit, or assist in the prepa-
the Office of Management and Budget and (a) IN GENERAL.—Chapter 47 of title 18, ration or submission of a Federal grant ap-
the Director of the Office of Science and United States Code, is amended by adding at plication or document in connection with a
Technology Policy that detail— the end the following: Federal grant application that—
‘‘(1) the number of ongoing investigations ‘‘§ 1041. Federal grant application fraud ‘‘(A) contains a false statement;
by Council Members related to Federal re- ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) contains a material misrepresenta-
search security that may result, or have re- ‘‘(1) FEDERAL AGENCY.—The term ‘Federal tion;
sulted, in agency pre-notice letters, suspen- agency’ has the meaning given the term ‘‘(C) has no basis in law or fact; or
sions, proposed debarments, and debarments; ‘agency’ in section 551 of title 5, United ‘‘(D) fails to disclose a material fact.
‘‘(2) Federal agencies’ performance and States Code. ‘‘(c) EXCEPTION.—Subsection (b) does not
compliance with interagency suspensions ‘‘(2) FEDERAL GRANT.—The term ‘Federal apply to an activity—
and debarments; grant’— ‘‘(1) carried out in connection with a law-
‘‘(3) efforts by the Interagency Suspension ‘‘(A) means a grant awarded by a Federal fully authorized investigative, protective, or
and Debarment Committee to mitigate Fed- agency; intelligence activity of—
eral research security risk; ‘‘(B) includes a subgrant awarded by a non- ‘‘(A) a law enforcement agency; or
‘‘(4) proposals for developing a unified Fed- Federal entity to carry out a Federal grant ‘‘(B) a Federal intelligence agency; or
eral policy on suspensions and debarments; program; and ‘‘(2) authorized under chapter 224.
and ‘‘(C) does not include— ‘‘(d) PENALTY.—Any individual who vio-
‘‘(5) other current suspension and debar- ‘‘(i) direct United States Government cash lates subsection (b)—
ment related issues. assistance to an individual; ‘‘(1) shall be fined in accordance with this
‘‘(h) SAVINGS PROVISION.—Nothing in this ‘‘(ii) a subsidy; title, imprisoned for not more than 5 years,
section may be construed—
‘‘(iii) a loan; or both; and
‘‘(1) to alter or diminish the authority of
‘‘(iv) a loan guarantee; or ‘‘(2) shall be prohibited from receiving a
any Federal agency; or
‘‘(v) insurance. Federal grant during the 5-year period begin-
‘‘(2) to alter any procedural requirements
‘‘(3) FEDERAL GRANT APPLICATION.—The ning on the date on which a sentence is im-
or remedies that were in place before the term ‘Federal grant application’ means an posed on the individual under paragraph
date of the enactment of the Safeguarding application for a Federal grant. (1).’’.
American Innovation Act. ‘‘(4) FOREIGN COMPENSATION.—The term (b) CLERICAL AMENDMENT.—The analysis
‘‘§ 7904. Annual report ‘foreign compensation’ means a title, mone- for chapter 47 of title 18, United States Code,
‘‘Not later than November 15 of each year, tary compensation, access to a laboratory or is amended by adding at the end the fol-
the Chairperson of the Council shall submit other resource, or other benefit received lowing:
a report to the appropriate congressional from—
committees that describes the activities of ‘‘1041. Federal grant application fraud.’’.
‘‘(A) a foreign government;
the Council during the preceding fiscal year. SEC. 1075. RESTRICTING THE ACQUISITION OF
‘‘(B) a foreign government institution; or EMERGING TECHNOLOGIES BY CER-
‘‘§ 7905. Requirements for Executive agencies ‘‘(C) a foreign public enterprise. TAIN ALIENS.
‘‘(a) IN GENERAL.—The head of each Execu- ‘‘(5) FOREIGN GOVERNMENT.—The term ‘for-
(a) GROUNDS OF INADMISSIBILITY.—The Sec-
tive agency on the Council shall be respon- eign government’ includes a person acting or
retary of State may determine that an alien
sible for— purporting to act on behalf of—
is inadmissible if the Secretary determines
‘‘(1) assessing Federal research security ‘‘(A) a faction, party, department, agency,
such alien is seeking to enter the United
risks posed by persons participating in feder- bureau, subnational administrative entity,
States to knowingly acquire sensitive or
ally funded research and development; or military of a foreign country; or
emerging technologies to undermine na-
‘‘(2) avoiding or mitigating such risks, as ‘‘(B) a foreign government or a person pur-
tional security interests of the United States
appropriate and consistent with the stand- porting to act as a foreign government, re-
gardless of whether the United States recog- by benefitting an adversarial foreign govern-
ards, guidelines, requirements, and practices ment’s security or strategic capabilities.
identified by the Council under section nizes the government.
‘‘(6) FOREIGN GOVERNMENT INSTITUTION.— (b) RELEVANT FACTORS.—To determine if
7903(b);
The term ‘foreign government institution’ an alien is inadmissible under subsection (a),
‘‘(3) prioritizing Federal research security
means a foreign entity owned by, subject to the Secretary of State shall—
risk assessments conducted under paragraph
the control of, or subject to regulation by a (1) take account of information and anal-
(1) based on the applicability and relevance
foreign government. yses relevant to implementing subsection (a)
of the research and development to the na-
‘‘(7) FOREIGN PUBLIC ENTERPRISE.—The from the Office of the Director of National
tional security and economic competitive-
term ‘foreign public enterprise’ means an en- Intelligence, the Department of Health and
ness of the United States; and
terprise over which a foreign government di- Human Services, the Department of Defense,
‘‘(4) ensuring that initiatives impacting
rectly or indirectly exercises a dominant in- the Department of Homeland Security, the
Federally funded research grant making pol-
fluence. Department of Energy, the Department of
icy and management to protect the national
and economic security interests of the ‘‘(8) LAW ENFORCEMENT AGENCY.—The term Commerce, and other appropriate Federal
United States are integrated with the activi- ‘law enforcement agency’— agencies;
ties of the Council. ‘‘(A) means a Federal, State, local, or Trib- (2) take account of the continual expert as-
‘‘(b) INCLUSIONS.—The responsibility of the al law enforcement agency; and sessments of evolving sensitive or emerging
head of an Executive agency for assessing ‘‘(B) includes— technologies that foreign adversaries are
Federal research security risk described in ‘‘(i) the Office of Inspector General of an targeting;
subsection (a) includes— establishment (as defined in section 12 of the (3) take account of relevant information
‘‘(1) developing an overall Federal research Inspector General Act of 1978 (5 U.S.C. App.)) concerning the foreign person’s employment
security risk management strategy and im- or a designated Federal entity (as defined in or collaboration, to the extent known,
plementation plan and policies and processes section 8G(a) of the Inspector General Act of with—
to guide and govern Federal research secu- 1978 (5 U.S.C. App.)); and (A) foreign military and security related
rity risk management activities by the Exec- ‘‘(ii) the Office of Inspector General, or organizations that are adversarial to the
utive agency; similar office, of a State or unit of local gov- United States;
‘‘(2) integrating Federal research security ernment. (B) foreign institutions involved in the
risk management practices throughout the ‘‘(9) OUTSIDE COMPENSATION.—The term theft of United States research;
lifecycle of the grant programs of the Execu- ‘outside compensation’ means any com- (C) entities involved in export control vio-
tive agency; pensation, resource, or support (regardless of lations or the theft of intellectual property;
‘‘(3) sharing relevant information with monetary value) made available to the appli- (D) a government that seeks to undermine
other Executive agencies, as determined ap- cant in support of, or related to, any re- the integrity and security of the United
propriate by the Council in a manner con- search endeavor, including a title, research States research community; or
sistent with section 7903; and grant, cooperative agreement, contract, in- (E) other associations or collaborations
‘‘(4) reporting on the effectiveness of the stitutional award, access to a laboratory, or that pose a national security threat based on
Federal research security risk management other resource, including materials, travel intelligence assessments; and
ctelli on DSK11ZRN23PROD with SENATE
strategy of the Executive agency consistent compensation, or work incentives. (4) weigh the proportionality of risks and
with guidance issued by the Office of Man- ‘‘(b) PROHIBITION.—It shall be unlawful for the factors listed in paragraphs (1) through
agement and Budget and the Council.’’. any individual to knowingly— (3).
(b) CLERICAL AMENDMENT.—The table of ‘‘(1) prepare or submit a Federal grant ap- (c) REPORTING REQUIREMENT.—Not later
chapters at the beginning of title 31, United plication that fails to disclose the receipt of than 180 days after the date of the enactment
States Code, is amended by inserting after any outside compensation, including foreign of this Act, and semi-annually thereafter
the item relating to chapter 77 the following: compensation, by the individual; until the sunset date set forth in subsection
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7853
(e), the Secretary of State, in coordination (2) identifies the sections of a visa applica- military personnel strengths for such
with the Director of National Intelligence, tion that are machine-readable and the sec- fiscal year, and for other purposes;
the Director of the Office of Science and tions that are not machine-readable; which was ordered to lie on the table;
Technology Policy, the Secretary of Home- (3) provides cost estimates, including per-
land Security, the Secretary of Defense, the as follows:
sonnel costs and a cost-benefit analysis for
Secretary of Energy, the Secretary of Com- adopting different technologies, including At the end of subtitle E of title III, add the
merce, and the heads of other appropriate optical character recognition, for— following:
Federal agencies, shall submit a report to (A) making every element of a visa appli- SEC. 376. REPORT ON DISEASE PREVENTION FOR
the Committee on the Judiciary of the Sen- cation, and documents submitted in support MILITARY WORKING DOGS.
ate, the Committee on Foreign Relations of of a visa application, machine-readable; and Not later than 180 days after the date of
the Senate, the Committee on Homeland Se- (B) ensuring that such system— the enactment of this Act, the head of the
curity and Governmental Affairs of the Sen- (i) protects personally-identifiable infor- Army Veterinary Services shall submit to
ate, the Committee on the Judiciary of the mation; and Congress a report containing the findings of
House of Representatives, the Committee on (ii) permits the sharing of visa information an updated study on the potential introduc-
Foreign Affairs of the House of Representa- with Federal agencies in accordance with ex- tion of foreign animal diseases and current
tives, and the Committee on Oversight and isting law; and prevention protocol and strategies to protect
Reform of the House of Representatives that (4) includes an estimated timeline for com- the health of military working dogs.
identifies— pleting the implementation of subsection (a).
(1) any criteria, if relevant used to describe SA 4295. Mr. BLUMENTHAL sub-
SEC. 1077. CERTIFICATIONS REGARDING ACCESS
the aliens to which the grounds of inadmis- TO EXPORT CONTROLLED TECH- mitted an amendment intended to be
sibility described in subsection (a) may NOLOGY IN EDUCATIONAL AND CUL-
apply;
proposed to amendment SA 3867 sub-
TURAL EXCHANGE PROGRAMS.
(2) the number of individuals determined mitted by Mr. REED and intended to be
Section 102(b)(5) of the Mutual Educational
to be inadmissible under subsection (a), in- proposed to the bill H.R. 4350, to au-
and Cultural Exchange Act of 1961 (22 U.S.C.
cluding the nationality of each such indi- 2452(b)(5)) is amended to read as follows: thorize appropriations for fiscal year
vidual and the reasons for each determina- ‘‘(5) promoting and supporting medical, 2022 for military activities of the De-
tion of inadmissibility; and scientific, cultural, and educational research partment of Defense, for military con-
(3) the number of days from the date of the and development by developing exchange struction, and for defense activities of
consular interview until a final decision is programs for foreign researchers and sci- the Department of Energy, to prescribe
issued for each application for a visa consid- entists, while protecting technologies regu-
ered under this section, listed by applicants’ military personnel strengths for such
lated by export control laws important to fiscal year, and for other purposes;
country of citizenship and relevant con- the national security and economic interests
sulate. which was ordered to lie on the table;
of the United States, by requiring—
(d) CLASSIFICATION OF REPORT.—Each re-
‘‘(A) the sponsor to certify to the Depart- as follows:
port required under subsection (c) shall be At the end of subtitle E of title III, add the
ment of State that the sponsor, after review-
submitted, to the extent practicable, in an following:
unclassified form, but may be accompanied ing all regulations related to the Export
Controls Act of 2018 (50 U.S.C. 4811 et seq.) SEC. 376. STUDY ON CHEMICAL, BIOLOGICAL,
by a classified annex. AND RADIOLOGICAL PROTECTION
(e) SUNSET.—This section shall cease to be and the Arms Export Control Act (22 U.S.C.
2751 et seq.), has determined that— FOR MILITARY WORKING DOGS.
effective on the date that is 2 years after the
‘‘(i) a license is not required from the De- (a) STUDY.—The head of the Army Veteri-
date of the enactment of this Act.
partment of Commerce or the Department of nary Services shall conduct a study on the
SEC. 1076.
MACHINE READABLE VISA DOCU-
MENTS. State to release such technology or technical impacts of chemical, biological, and radio-
(a) MACHINE-READABLE DOCUMENTS.—Not data to the exchange visitor; or logical exposure on military working dogs
later than 1 year after the date of the enact- ‘‘(ii)(I) a license is required from the De- and current prevention protocol, protective
ment of this Act, the Secretary of State partment of Commerce or the Department of equipment, and strategies of the Department
shall— State to release such technology or technical of Defense to protect the health of military
(1) use a machine-readable visa application data to the exchange visitor; and working dogs.
form; and ‘‘(II) the sponsor will prevent access to the (b) REPORT.—Not later than 180 days after
(2) make available documents submitted in controlled technology or technical data by the date of the enactment of this Act, the
support of a visa application in a machine the exchange visitor until the sponsor— head of the Army Veterinary Services shall
readable format to assist in— ‘‘(aa) has received the required license or submit to the Committees on Armed Serv-
(A) identifying fraud; other authorization to release it to the vis- ices of the Senate and the House of Rep-
(B) conducting lawful law enforcement ac- itor; and resentatives a report containing the findings
tivities; and ‘‘(bb) has provided a copy of such license or of the study conducted under subsection (a).
(C) determining the eligibility of appli- authorization to the Department of State;
cants for a visa under the Immigration and and SA 4296. Mr. BLUMENTHAL (for
Nationality Act (8 U.S.C. 1101 et seq.). ‘‘(B) if the sponsor maintains export con- himself and Mr. RUBIO) submitted an
(b) WAIVER.—The Secretary of State may trolled technology or technical data, the amendment intended to be proposed to
waive the requirement under subsection (a) sponsor to submit to the Department of amendment SA 3867 submitted by Mr.
by providing to Congress, not later than 30 State the sponsor’s plan to prevent unau- REED and intended to be proposed to
days before such waiver takes effect— thorized export or transfer of any controlled the bill H.R. 4350, to authorize appro-
(1) a detailed explanation for why the waiv- items, materials, information, or technology
er is being issued; and
priations for fiscal year 2022 for mili-
at the sponsor organization or entities asso-
(2) a timeframe for the implementation of ciated with a sponsor’s administration of the tary activities of the Department of
the requirement under subsection (a). exchange visitor program.’’. Defense, for military construction, and
(c) REPORT.—Not later than 45 days after SEC. 1078. PRIVACY AND CONFIDENTIALITY. for defense activities of the Depart-
date of the enactment of this Act, the Sec- Nothing in this subtitle may be construed ment of Energy, to prescribe military
retary of State shall submit a report to the personnel strengths for such fiscal
as affecting the rights and requirements pro-
Committee on Homeland Security and Gov-
vided in section 552a of title 5, United States year, and for other purposes; which was
ernmental Affairs of the Senate, the Com-
Code (commonly known as the ‘‘Privacy Act ordered to lie on the table; as follows:
mittee on Commerce, Science, and Transpor-
of 1974’’) or subchapter III of chapter 35 of At the end of subtitle G of title XII, add
tation of the Senate, the Select Committee
on Intelligence of the Senate, the Committee title 44, United States Code (commonly the following:
on Foreign Relations of the Senate; the Com- known as the ‘‘Confidential Information Pro-
SEC. 1283. IMPOSITION OF SANCTIONS WITH RE-
mittee on Oversight and Reform of the House tection and Statistical Efficiency Act of SPECT TO FOREIGN PERSONS WHO
of Representatives, the Committee on Home- 2018’’). ENGAGE IN PUBLIC CORRUPTION
land Security of the House of Representa- ACTIVITIES.
tives, the Committee on Energy and Com- SA 4294. Mr. BLUMENTHAL sub- (a) FINDINGS.—Congress finds the fol-
merce of the House of Representatives, the mitted an amendment intended to be lowing:
Permanent Select Committee on Intelligence proposed to amendment SA 3867 sub- (1) When public officials and their allies
of the House of Representatives, and the mitted by Mr. REED and intended to be use the mechanisms of government to engage
ctelli on DSK11ZRN23PROD with SENATE
Committee on Foreign Affairs of the House proposed to the bill H.R. 4350, to au- in extortion or bribery, they impoverish the
of Representatives that— economic health of their country and harm
thorize appropriations for fiscal year
(1) describes how supplementary docu- citizens.
ments provided by a visa applicant in sup- 2022 for military activities of the De- (2) By empowering the United States Gov-
port of a visa application are stored and partment of Defense, for military con- ernment to hold to account foreign public of-
shared by the Department of State with au- struction, and for defense activities of ficials and their associates who engage in ex-
thorized Federal agencies; the Department of Energy, to prescribe tortion or bribery, the United States can
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S7854 CONGRESSIONAL RECORD — SENATE November 4, 2021
deter malfeasance and ultimately serve the ders as are necessary to carry out this sub- fusal of visas or permits to enter the United
citizens of fragile countries suffocated by section. States.
corrupt bureaucracies. (6) APPROPRIATE CONGRESSIONAL COMMIT- (5) APPROPRIATE CONGRESSIONAL COMMIT-
(3) The 2016 report by the Special Inspector TEES DEFINED.—In this subsection, the term TEES DEFINED.—In this subsection, the term
General for Afghan Reconstruction entitled, ‘‘appropriate congressional committees’’ ‘‘appropriate congressional committees’’
‘‘Corruption in Conflict: Lessons from the means— means—
U.S. Experience in Afghanistan’’ included (A) the Committee on the Judiciary, the (A) the Committee on Appropriations, the
the recommendation, ‘‘Congress should con- Committee on Banking, Housing, and Urban Committee on Foreign Relations, the Com-
sider enacting legislation that authorizes Affairs, and the Committee on Foreign Rela- mittee on Banking, Housing, and Urban Af-
sanctions against foreign government offi- tions of the Senate; and fairs, and the Committee on the Judiciary of
cials or their associates who engage in cor- (B) the Committee on the Judiciary, the the Senate; and
ruption.’’. Committee on Financial Services, and the (B) the Committee on Appropriations, the
(b) AUTHORIZATION OF IMPOSITION OF SANC- Committee on Foreign Affairs of the House Committee on Foreign Affairs, the Com-
TIONS.— of Representatives. mittee on Financial Services, and the Com-
(1) IN GENERAL.—The President may impose mittee on the Judiciary of the House of Rep-
(c) REPORTS TO CONGRESS.—
the sanctions described in paragraph (2) with resentatives.
(1) IN GENERAL.—The President shall sub-
respect to any foreign person who is an indi- (d) SUNSET.—
mit to the appropriate congressional com-
vidual that the President determines— (1) IN GENERAL.—The authority to impose
(A) engages in public corruption activities mittees, in accordance with paragraph (2), a
report that includes— sanctions under subsection (b) and the re-
against a United States person, including— quirement to submit reports under sub-
(i) soliciting or accepting bribes; (A) a list of each foreign person with re-
spect to whom the President imposed sanc- section (c) shall terminate on the date that
(ii) using the authority of the state to ex- is 6 years after the date of the enactment of
tort payments; or tions pursuant to subsection (b)(1) during the
year preceding the submission of the report; this Act.
(iii) engaging in extortion; or (2) CONTINUATION IN EFFECT OF SANCTIONS.—
(B) conspires to engage in, or knowingly (B) the number of foreign persons with re-
spect to whom the President imposed sanc- Sanctions imposed under subsection (b) on or
and materially assists, sponsors, or provides before the date specified in paragraph (1),
significant financial, material, or techno- tions under subsection (b)(1) during that
year; and in effect as of such date, shall remain in
logical support for, any of the activities de- effect until terminated in accordance with
scribed in subparagraph (A). (C) the number of foreign persons with re-
spect to whom the President terminated the requirements of subsection (b)(4).
(2) SANCTIONS DESCRIBED.— (e) DEFINITIONS.—In this section:
(A) INADMISSIBILITY TO UNITED STATES.—A sanctions under subsection (b)(4) during that
year; (1) ENTITY.—The term ‘‘entity’’ means a
foreign person who is subject to sanctions partnership, association, trust, joint ven-
under this section shall be— (D) the dates on which such sanctions were
imposed or terminated, as the case may be; ture, corporation, group, subgroup, or other
(i) inadmissible to the United States; organization.
(ii) ineligible to receive a visa or other doc- (E) the reasons for imposing or termi-
nating such sanctions; (2) FOREIGN PERSON.—The term ‘‘foreign
umentation to enter the United States; and person’’ means a person that is not a United
(iii) otherwise ineligible to be admitted or (F) the total number of foreign persons
with respect to whom such sanctions may States person.
paroled into the United States or to receive
have been imposed but were not imposed pur- (3) UNITED STATES PERSON.—The term
any other benefit under the Immigration and
suant to subsection (b)(3); and ‘‘United States person’’ means a person that
Nationality Act (8 U.S.C. 1101 et seq.).
(G) recommendations as to whether the is a United States citizen, permanent resi-
(B) CURRENT VISAS REVOKED.—
imposition of additional sanctions would be dent alien, entity organized under the laws
(i) IN GENERAL.—The visa or other entry
an added deterrent in preventing public cor- of the United States or any jurisdiction
documentation of a foreign person who is
ruption. within the United States (including foreign
subject to sanctions under this section shall
(2) DATES FOR SUBMISSION.— branches), or any person in the United
be revoked regardless of when such visa or
other entry documentation is issued. (A) INITIAL REPORT.—The President shall States.
(ii) EFFECT OF REVOCATION.—A revocation submit the initial report under paragraph (1) (4) PERSON.—The term ‘‘person’’ means an
under clause (i) shall— not later than 120 days after the date of the individual or entity.
(I) take effect immediately; and enactment of this Act. (5) PUBLIC CORRUPTION.—The term ‘‘public
(II) automatically cancel any other valid (B) SUBSEQUENT REPORTS.—The President corruption’’ means the unlawful exercise of
visa or entry documentation that is in the shall submit a subsequent report under para- entrusted public power for private gain, in-
possession of the foreign person. graph (1) on December 10, or the first day cluding by bribery, nepotism, fraud, or em-
(3) EXCEPTION TO COMPLY WITH LAW EN- thereafter on which both Houses of Congress bezzlement.
FORCEMENT OBJECTIVES AND AGREEMENT RE- are in session, of— SEC. 1284. JUSTICE FOR VICTIMS OF
KLEPTOCRACY.
GARDING HEADQUARTERS OF UNITED NATIONS.— (i) the calendar year in which the initial
Sanctions described under paragraph (2) report is submitted if the initial report is (a) FORFEITED PROPERTY.—
shall not apply to a foreign person if admit- submitted before December 10 of that cal- (1) IN GENERAL.—Chapter 46 of title 18,
ting the person into the United States— endar year; and United States Code, is amended by adding at
(A) would further important law enforce- (ii) each calendar year thereafter. the end the following:
ment objectives; or (3) FORM OF REPORT.— ‘‘§ 988. Accounting of certain forfeited prop-
(B) is necessary to permit the United (A) IN GENERAL.—Each report required by erty
States to comply with the Agreement re- paragraph (1) shall be submitted in unclassi- ‘‘(a) ACCOUNTING.—The Attorney General
garding the Headquarters of the United Na- fied form, but may include a classified shall make available to the public an ac-
tions, signed at Lake Success June 26, 1947, annex. counting of any property relating to foreign
and entered into force November 21, 1947, be- (B) EXCEPTION.—The name of a foreign per- government corruption that is forfeited to
tween the United Nations and the United son to be included in the list required by the United States under section 981 or 982.
States, or other applicable international ob- paragraph (1)(A) may be submitted in the ‘‘(b) FORMAT.—The accounting described
ligations of the United States. classified annex authorized by subparagraph under subsection (a) shall be published on
(4) TERMINATION OF SANCTIONS.—The Presi- (A) only if the President— the website of the Department of Justice in
dent may terminate the application of sanc- (i) determines that it is vital for the na- a format that includes the following:
tions under this subsection with respect to a tional security interests of the United States ‘‘(1) A heading as follows: ‘Assets stolen
foreign person if the President determines to do so; and from the people of llllll and recovered
and reports to the appropriate congressional (ii) uses the annex in a manner consistent by the United States’, the blank space being
committees not later than 15 days before the with congressional intent and the purposes filled with the name of the foreign govern-
termination of the sanctions that— of this section. ment that is the target of corruption.
(A) the person is no longer engaged in the (4) PUBLIC AVAILABILITY.— ‘‘(2) The total amount recovered by the
activity that was the basis for the sanctions (A) IN GENERAL.—The unclassified portion United States on behalf of the foreign people
or has taken significant verifiable steps to- of the report required by paragraph (1) shall that is the target of corruption at the time
ward stopping the activity; be made available to the public, including when such recovered funds are deposited into
(B) the President has received reliable as- through publication in the Federal Register. the Department of Justice Asset Forfeiture
surances that the person will not knowingly (B) NONAPPLICABILITY OF CONFIDENTIALITY Fund or the Department of the Treasury
ctelli on DSK11ZRN23PROD with SENATE
engage in activity subject to sanctions under REQUIREMENT WITH RESPECT TO VISA Forfeiture Fund.
this subsection in the future; or RECORDS.—The President shall publish the ‘‘(c) UPDATED WEBSITE.—The Attorney
(C) the termination of the sanctions is in list required by paragraph (1)(A) without re- General shall update the website of the De-
the national security interests of the United gard to the requirements of section 222(f) of partment of Justice to include an accounting
States. the Immigration and Nationality Act (8 of any new property relating to foreign gov-
(5) REGULATORY AUTHORITY.—The President U.S.C. 1202(f)) with respect to confidentiality ernment corruption that has been forfeited
shall issue such regulations, licenses, and or- of records pertaining to the issuance or re- to the United States under section 981 or 982
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7855
not later than 14 days after such forfeiture, SEC. 1216. SUPPORT FOR NATIONALS OF AF- on efforts to support nationals of Afghani-
unless such update would compromise an on- GHANISTAN WHO ARE APPLICANTS stan described in subsection (a).
FOR SPECIAL IMMIGRANT VISAS OR
going law enforcement investigation.’’. (2) ELEMENTS.—Each report required by
FOR REFERRAL TO THE UNITED
(2) CLERICAL AMENDMENT.—The table of STATES REFUGEE ADMISSIONS PRO-
paragraph (1) shall include the following:
sections for chapter 46 of title 18, United GRAM. (A) The number of nationals of Afghani-
States Code, is amended by adding at the end (a) SENSE OF CONGRESS.—It is the sense of stan referred to the United States Refugee
the following: Congress that the United States should in- Admissions Program as Priority 1 and Pri-
‘‘988. Accounting of certain forfeited prop- crease support for nationals of Afghanistan ority 2 refugees since August 29, 2021.
erty.’’. who aided the United States mission in Af- (B) An assessment of whether each such
(b) SENSE OF CONGRESS.—It is the sense of ghanistan during the past 20 years and are refugee—
Congress that recovered assets be returned now under threat from the Taliban, specifi- (i) remains in Afghanistan; or
for the benefit of the people harmed by the cally such nationals of Afghanistan, in Af- (ii) is outside Afghanistan.
corruption under conditions that reasonably ghanistan or third countries, who are appli- (C) With respect to nationals of Afghani-
ensure the transparent and effective use, ad- cants for— stan who have applied for referral to the
ministration, and monitoring of returned (1) special immigrant visas under the Af- United States Refugee Program, the number
proceeds. ghan Allies Protection Act of 2009 (8 U.S.C. applications that—
1101 note; Public Law 111–8) or section 1059 of (i) have been approved;
the National Defense Authorization Act for (ii) have been denied; and
SA 4297. Mr. BLUMENTHAL (for
Fiscal Year 2006 (8 U.S.C. 1101 note; Public (iii) are pending adjudication.
himself and Ms. KLOBUCHAR) submitted (D) The number of nationals of Afghani-
an amendment intended to be proposed Law 109–163); or
(2) referral to the United States Refugee stan who have pending applications for spe-
to amendment SA 3867 submitted by Admissions Program as refugees (as defined cial immigrant visas described in subsection
Mr. REED and intended to be proposed in section 101(a)(42) of the Immigration and (a)(1), disaggregated by the special immi-
to the bill H.R. 4350, to authorize ap- Nationality Act (8 U.S.C. 1101(a)(42))), includ- grant visa processing steps completed with
propriations for fiscal year 2022 for ing as Priority 2 refugees. respect to such individuals.
military activities of the Department (b) SUPPORT FOR NATIONALS OF AFGHANI- (E) A description of the measures taken to
STAN.—The Secretary of State, in coordina- implement the strategy under subsection (c).
of Defense, for military construction,
tion with the Secretary of Homeland Secu- (3) FORM.—Each report required by para-
and for defense activities of the De- graph (1) shall be submitted in unclassified
rity and the heads of other relevant Federal
partment of Energy, to prescribe mili- form, but may include a classified annex.
departments and agencies, shall—
tary personnel strengths for such fiscal (1) prioritize for evacuation from Afghani- (e) APPROPRIATE COMMITTEES OF CONGRESS
year, and for other purposes; which was stan nationals of Afghanistan described in DEFINED.—In this section, the term ‘‘appro-
ordered to lie on the table; as follows: priate committees of Congress’’ means—
subsection (a);
(1) the Committee on Foreign Relations,
At the end of subtitle G of title X, add the (2) facilitate the rapid departure from Af-
the Committee on the Judiciary, the Com-
following: ghanistan of such nationals of Afghanistan
mittee on Homeland Security and Govern-
SEC. 1064. DEPARTMENT OF DEFENSE AND DE- by air charter and land passage;
mental Affairs; and the Committee on Armed
PARTMENT OF VETERANS AFFAIRS (3) provide letters of support, diplomatic
Services of the Senate; and
JOINT REPORT ON CONSTRUCTION notes, and other documentation, as appro-
OF NEW NATIONAL CEMETERY AND (2) the Committee on Foreign Affairs, the
priate, to ease transit for such nationals of
ELIGIBILITY STANDARDS FOR AR- Committee on the Judiciary, the Committee
Afghanistan;
LINGTON NATIONAL CEMETERY. on Homeland Security, and the Committee
(4) engage governments of relevant coun-
(a) REPORT.—Not later than one year after on Armed Services of the House of Rep-
tries to better facilitate evacuation of such
the date of the enactment of this Act, the resentatives.
nationals of Afghanistan;
Secretary of Defense and the Secretary of (5) disseminate frequent updates to such
Veterans Affairs shall jointly submit to Con-
SA 4299. Mr. BLUMENTHAL sub-
nationals of Afghanistan and relevant non-
gress a report that includes— mitted an amendment intended to be
governmental organizations with respect to
(1) a proposal for the construction of a new evacuation from Afghanistan; proposed to amendment SA 3867 sub-
national cemetery to be— (6) identify or establish sufficient locations mitted by Mr. REED and intended to be
(A) capable of providing full military hon- outside Afghanistan that will accept such proposed to the bill H.R. 4350, to au-
ors; and nationals of Afghanistan during application thorize appropriations for fiscal year
(B) administered by the Department of processing; and 2022 for military activities of the De-
Veterans Affairs; and (7) increase capacity to better support such partment of Defense, for military con-
(2) the assessment of the Secretary of De- nationals of Afghanistan and reduce their struction, and for defense activities of
fense with respect to any revisions that application processing times, while ensuring the Department of Energy, to prescribe
should be made to the revised criteria for in- strict and necessary security vetting, includ-
terment at Arlington National Cemetery military personnel strengths for such
ing, to the extent practicable, by allowing
prescribed pursuant to section 598 of the such nationals of Afghanistan to receive re- fiscal year, and for other purposes;
John S. McCain National Defense Authoriza- ferrals to the United States Refugee Admis- which was ordered to lie on the table;
tion Act for Fiscal Year 2019 (Public Law sions Program while they are still in Afghan- as follows:
115–232; 38 U.S.C. 2402 note) to ensure such istan so as to initiate application processing At the appropriate place, insert the fol-
criteria recognize exceptional service and more expeditiously. lowing:
honors. (c) STRATEGY.— SEC. ll. POSSE COMITATUS.
(b) LIMITATION ON REVISIONS TO CRITERIA.— (1) IN GENERAL.—Not later than 60 days Section 1385 of title 18, United States Code,
The Secretary of Defense may not make any after the date of the enactment of this Act, is amended—
revisions to the revised internment criteria the Secretary of State, in coordination with (1) by striking ‘‘Whoever’’ and inserting
described in paragraph (2) of subsection (a) the Secretary of Homeland Security and the ‘‘(a) Whoever’’;
until the Secretary has submitted the report heads of other relevant Federal departments (2) by striking ‘‘the Army or the Air
required under such subsection. and agencies, shall submit to the appropriate Force’’ and inserting ‘‘an Armed Force under
committees of Congress a strategy for the the jurisdiction of the Secretary of a mili-
SA 4298. Mr. BLUMENTHAL (for safe processing abroad of nationals of Af- tary department (as those terms are defined
himself and Ms. ERNST) submitted an ghanistan described in subsection (a). in section 101 of title 10)’’; and
amendment intended to be proposed to (2) ELEMENTS.—The strategy required by (3) by adding at the end the following:
paragraph (1) shall include steps to be taken ‘‘(b) Notwithstanding any other provision
amendment SA 3867 submitted by Mr. of law, any evidence obtained by or with the
by the United States Government to fulfill
REED and intended to be proposed to each requirement under subsection (b). assistance of a member of the Armed Forces
the bill H.R. 4350, to authorize appro- (3) FORM.—The strategy required by para- in violation of subsection (a) shall not be re-
priations for fiscal year 2022 for mili- graph (1) shall be submitted in unclassified ceived in evidence in any trial, hearing, or
tary activities of the Department of form, but may include a classified annex. other proceeding in or before any court,
Defense, for military construction, and (d) MONTHLY REPORT.— grand jury, department, officer, agency, reg-
for defense activities of the Depart- (1) IN GENERAL.—Not later than 60 days ulatory body, legislative committee, or
ctelli on DSK11ZRN23PROD with SENATE
after the date of the enactment of this Act, other authority of the United States, a
ment of Energy, to prescribe military State, or a political subdivision thereof.’’.
and monthly thereafter until December 31,
personnel strengths for such fiscal
2022, the Secretary of State, in coordination
year, and for other purposes; which was with the Secretary of Homeland Security SA 4300. Mr. BLUMENTHAL sub-
ordered to lie on the table; as follows: and the heads of other relevant Federal de- mitted an amendment intended to be
At the end of subtitle B of title XII, insert partments and agencies, shall submit to the proposed to amendment SA 3867 sub-
the following: appropriate committees of Congress a report mitted by Mr. REED and intended to be
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S7856 CONGRESSIONAL RECORD — SENATE November 4, 2021
proposed to the bill H.R. 4350, to au- Mr. REED and intended to be proposed a license under the first section of the Act
thorize appropriations for fiscal year to the bill H.R. 4350, to authorize ap- entitled ‘‘An Act relating to the landing and
2022 for military activities of the De- propriations for fiscal year 2022 for operation of submarine cables in the United
States’’, approved May 27, 1921 (47 U.S.C. 34)
partment of Defense, for military con- military activities of the Department
(commonly known as the ‘‘Cable Landing Li-
struction, and for defense activities of of Defense, for military construction, censing Act’’).
the Department of Energy, to prescribe and for defense activities of the De- (5) TEAM TELECOM.—The term ‘‘Team
military personnel strengths for such partment of Energy, to prescribe mili- Telecom’’ means the interagency working
fiscal year, and for other purposes; tary personnel strengths for such fiscal committee of the Federal Communications
which was ordered to lie on the table; year, and for other purposes; which was Commission, the Department of Defense, the
as follows: ordered to lie on the table; as follows: Department of Homeland Security, and the
Department of Justice, as described in the
At the end of subtitle G of title V, add the At the appropriate place in title VI, insert
Report and Order of the Federal Communica-
following: the following:
tions Commission issued on October 1, 2020
SEC. 596. REQUIREMENT OF CONSENT OF THE SEC. lll. ACQUISITION STRATEGY TO MOD-
CHIEF EXECUTIVE OFFICER FOR ERNIZE THE JOINT STRIKE FIGHTER
entitled ‘‘Process Reform for Executive
CERTAIN FULL-TIME NATIONAL PROPULSION SYSTEM. Branch Review of Certain FCC Applications
GUARD DUTY PERFORMED IN A (a) IN GENERAL.—Not later than 14 days and Petitions Involving Foreign Ownership’’.
STATE, TERRITORY, OR THE DIS- after the date on which the budget of the (6) TRANSPORT CAPACITY.—The term
TRICT OF COLUMBIA. ‘‘transport capacity’’—
President for fiscal year 2023 is submitted to
Section 502(f)(2)(A) of title 32, United Congress pursuant to section 1105 of title 31, (A) means broadband transmission capa-
States Code, is amended by inserting ‘‘and United States Code, the Under Secretary of bility that does not predominantly serve end
performed inside the United States with the Defense for Acquisition and Sustainment users or the last mile of the transmission
consent of the chief executive officer of the shall submit to the congressional defense network; and
State (as that term is defined in section 901 committees a report on the modernization of (B) may include interoffice transport,
of this title)’’ after ‘‘Defense’’. the F135 propulsion system or the integra- backhaul, Internet connectivity, middle
tion of the Adaptive Engine Transition Pro- mile, or long-haul service used for transport
SA 4301. Mr. BLUMENTHAL sub- gram propulsion system into the Joint of broadband data between network loca-
mitted an amendment intended to be Strike Fighter (JSF). tions other than end-user premises or de-
proposed to amendment SA 3867 sub- (b) ELEMENTS.—The report required under vices.
mitted by Mr. REED and intended to be subsection (a) shall include the following: (b) BROADBAND DEFENSE FUND.—
proposed to the bill H.R. 4350, to au- (1) A cost benefit analysis of— (1) NTIA ADMINISTRATION.—Not later than 1
thorize appropriations for fiscal year (A) integrating the Adaptive Engine Tran- year after the date on which amounts are
sition Program propulsion system into each made available under paragraph (1), the Ad-
2022 for military activities of the De- ministration shall establish the Broadband
of the JSF aircraft variants;
partment of Defense, for military con- (B) modernizing or upgrading the existing Defense Fund to provide—
struction, and for defense activities of F135 propulsion system on each of the JSF (A) transport capacity in or to connect to
the Department of Energy, to prescribe variants; States where the headquarters of the United
military personnel strengths for such (C) future associated infrastructure and States Indo-Pacific Command are located;
fiscal year, and for other purposes; sustainment costs of the modernized engine; and
which was ordered to lie on the table; (D) cost savings associated with variant (B) open access carrier neutral submarine
as follows: and Partner commonality; and cable landing stations in States where the
(E) assess all activities and costs to ret- headquarters of the United States Indo-Pa-
At the end of subtitle D of title VIII, add rofit and sustain all JSF with a modernized cific Command are located.
the following: propulsion system. (2) AWARD OF SUPPORT.—The Administra-
SEC. 844. PILOT PROGRAM ON DEFENSE INNOVA- (2) An implementation plan to implement tion shall establish a process to award
TION OPEN TOPICS.
such strategy. amounts from the Broadband Defense Fund
(a) ESTABLISHMENT.—Not later than 180 (3) A schedule annotating pertinent mile- under this section in accordance with the
days after the date of enactment of this Act, stones and yearly fiscal resource require- following requirements:
the Secretary of Defense, in coordination ments for the implementation of a modern- (A) Support shall be awarded only for de-
with the Under Secretary of Defense for Re- ized JSF propulsion system. ployment, maintenance, and operation of
search and Engineering, the Secretary of the transport broadband capacity, in locations
Air Force, Secretary of the Army, and the SA 4303. Mr. SCHATZ (for himself or on routes that are not supported or ex-
Secretary of the Navy, shall establish de- and Ms. HIRONO) submitted an amend- pected to be supported under any other of
fense innovation open topic activities using the high-cost universal service support pro-
the Small Business Innovation Research Pro-
ment intended to be proposed to
amendment SA 3867 submitted by Mr. grams of the Federal Communications Com-
gram in order to— mission.
(1) increase the transition of commercial REED and intended to be proposed to
(B) The Administration shall establish cri-
technology to the Department of Defense; the bill H.R. 4350, to authorize appro- teria for awarding support in a manner con-
(2) expand the small business nontradi- priations for fiscal year 2022 for mili- sistent with this section, including sup-
tional defense industrial base; tary activities of the Department of porting the broadband needs of the United
(3) increase commercialization derived Defense, for military construction, and States Indo-Pacific Command and the sur-
from defense investments; for defense activities of the Depart- rounding communities.
(4) increase diversity and participation (3) OBLIGATIONS OF FUND RECIPIENTS.—
among self-certified small-disadvantaged
ment of Energy, to prescribe military
personnel strengths for such fiscal (A) IN GENERAL.—The Administration shall
businesses, minority-owned businesses, and ensure that each recipient of amounts from
disabled veteran-owned businesses; and year, and for other purposes; which was
the Broadband Defense Fund is legally, tech-
(5) expand the ability for qualifying small ordered to lie on the table; as follows: nically, and financially qualified to complete
businesses to propose technology solutions At the appropriate place, insert the fol- the required broadband deployment within
to meet defense needs. lowing: the term of support.
(b) FREQUENCY.—The Department of De- SEC. ll. BROADBAND DEFENSE FUND. (B) ACCESS.—Recipients of amounts from
fense and the military services shall conduct (a) DEFINITIONS.—In this section: the Broadband Defense Fund shall provide
not less than one open topic announcement (1) ADMINISTRATION.—The term ‘‘Adminis- carrier-neutral wholesale access to landing
per fiscal year. tration’’ means the National Telecommuni- spots and transport capacity supported by
(c) BRIEFING.—Not later than 180 days after cations Information Administration. the Fund—
the date of teh enactment of this Act, the (2) COMMISSION.—The term ‘‘Commission’’ (i) on just, reasonable, affordable, and rea-
Secretary of Defense shall provide the con- means the Federal Communications Com- sonably non-discriminatory terms, as deter-
gressional defense committees a briefing on mission. mined by rules issued by the Administration;
the establishment of the program required (3) STATE.—The term ‘‘State’’ means a and
by subsection (a). State of the United States and the District (ii) at rates no higher than the national av-
(d) TERMINATION.—The pilot program au- of Columbia. erage wholesale price of comparable whole-
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thorized in subsection (a) shall terminate on (4) SUBMARINE CABLE LANDING STATION.— sale telecommunications transport services,
October 1, 2025. The term ‘‘submarine cable landing station’’ as determined by the Administration.
means a cable landing station, as that term (C) VENDER VETTING.—Any grant, subgrant,
SA 4302. Mr. BLUMENTHAL (for is used in section 1.767(a)(5) of title 47, Code or contract awarded using amounts from the
himself and Ms. MURKOWSKI) submitted of Federal Regulations (or any successor reg- Broadband Defense Fund relating to a sub-
an amendment intended to be proposed ulation), that can be utilized to land a sub- marine cable landing station or undersea
to amendment SA 3867 submitted by marine cable by an entity that has obtained transport capacity activity may only be
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7857
awarded to a vendor that has been vetted and concerned as an integral part of the plan- penses incurred in performing duties as
approved by Team Telecom. ning, programming, budgeting, and execu- members of an advisory panel.
(4) APPROPRIATIONS.—The Broadband De- tion process of the Department of Defense. ‘‘(ii) PROHIBITION ON COMPENSATION OF FED-
fense Fund shall consist of amounts appro- ‘‘(e) ENTREPRENEURIAL INNOVATION ADVI- ERAL EMPLOYEES.—Members of an advisory
priated to the Broadband Defense Fund by an SORY PANELS.— panel who are full-time officers or employees
Act of Congress. ‘‘(1) ESTABLISHMENT.—For each military of the United States or Members of Congress
--- department, the Secretary concerned shall may not receive additional pay, allowances,
SA 4304. Mr. BLUMENTHAL sub- establish an advisory panel that, starting in or benefits by reason of their service on an
mitted an amendment intended to be the first fiscal year beginning after the date advisory panel.
proposed to amendment SA 3867 sub- of the enactment of this section, and in each ‘‘(3) SELECTION PROCESS.—
subsequent fiscal year, shall identify and ‘‘(A) INITIAL SELECTION.—Each advisory
mitted by Mr. REED and intended to be recommend to the Secretary concerned for panel shall select not less than ten eligible
proposed to the bill H.R. 4350, to au- designation under subsection (a) eligible pro- programs that have submitted an application
thorize appropriations for fiscal year grams based on the criteria described in sub- under subsection (b).
2022 for military activities of the De- section (c)(1). ‘‘(B) PROGRAM PLANS.—
partment of Defense, for military con- ‘‘(2) MEMBERSHIP.— ‘‘(i) IN GENERAL.—Each eligible program se-
struction, and for defense activities of ‘‘(A) COMPOSITION.— lected under subparagraph (A) may submit
the Department of Energy, to prescribe ‘‘(i) IN GENERAL.—Each advisory panel to the advisory panel that selected such eli-
shall be composed of four members appointed gible program a program plan containing the
military personnel strengths for such by the Secretary concerned and one member
fiscal year, and for other purposes; five-year goals, execution plans, schedules,
appointed by the chief of the relevant armed and funding needs of such eligible program.
which was ordered to lie on the table; force under the jurisdiction of the Secretary ‘‘(ii) SUPPORT.—Each Secretary concerned
as follows: concerned. shall, to the greatest extent practicable, pro-
At the end of subtitle D of title VIII, add ‘‘(ii) SECRETARY CONCERNED APPOINT-
vide eligible programs selected under sub-
the following: MENTS.—The Secretary concerned shall ap-
paragraph (A) with access to information to
SEC. 844. ENTREPRENEURIAL INNOVATION point members to the advisory panel as fol- support the development of the program
PROJECT DESIGNATIONS. lows: plans described in clause (i).
(a) IN GENERAL.— ‘‘(I) Three members who— ‘‘(C) FINAL SELECTION.—Each advisory
(1) DESIGNATING CERTAIN SBIR AND STTR ‘‘(aa) have experience with private sector
panel shall recommend to the Secretary con-
PROGRAMS AS ENTREPRENEURIAL INNOVATION entrepreneurial innovation, including devel-
cerned for designation under subsection (a)
PROJECTS.—Chapter 139 of title 10, United opment and implementation of such innova-
not less than five eligible programs that sub-
States Code, is amended by inserting after tions into well established markets; and
mitted a program plan under subparagraph
section 2359b the following new section: ‘‘(bb) are not employed by the Federal Gov-
(B) to such advisory panel. If there are less
ernment.
‘‘§ 2359c Entrepreneurial Innovation Project than five such eligible programs, such advi-
‘‘(II) One member who is in the Senior Ex-
designations sory panel may recommend to the Secretary
ecutive Service in the acquisition workforce
‘‘(a) IN GENERAL.—During the first fiscal concerned for designation under subsection
(as defined in section 1705 of this title) of the
year beginning after the date of the enact- (a) less than five such eligible programs.
relevant military department.
ment of this section, and during each subse- ‘‘(iii) SERVICE CHIEF APPOINTMENT.—The ‘‘(4) ADMINISTRATIVE AND TECHNICAL SUP-
quent fiscal year, each Secretary concerned, PORT.—The Secretary concerned shall pro-
chief of an armed force under the jurisdic-
in consultation with the each chief of an tion of the Secretary concerned shall appoint vide the relevant advisory panel with such
armed force under the jurisdiction of the to the advisory panel one member who is a administrative support, staff, and technical
Secretary concerned, shall designate not less member of such armed forces. assistance as the Secretary concerned deter-
than five eligible programs as Entrepre- ‘‘(B) TERMS.— mines necessary for such advisory panel to
neurial Innovation Projects. ‘‘(i) PRIVATE SECTOR MEMBERS.—Members carry out it duties.
‘‘(b) APPLICATION.—An eligible program described in subparagraph (A)(ii)(I) shall ‘‘(5) FUNDING.—The Secretary of Defense
seeking designation as an Entrepreneurial serve for a term of three years, except that may use amounts available from the Depart-
Innovation Project under this section shall of the members first appointed— ment of Defense Acquisition Workforce De-
submit to the Secretary concerned an appli- ‘‘(I) one shall serve a term of one year; velopment Account established under sec-
cation at such time, in such manner, and ‘‘(II) one shall serve a term of two years; tion 1705 of this title to support the activi-
containing such information as the Sec- and ties of advisory panels.
retary concerned determines appropriate. ‘‘(III) one shall serve a term of three years. ‘‘(6) INAPPLICABILITY OF FACA.—The Federal
‘‘(c) DESIGNATION CRITERIA.—In making ‘‘(ii) FEDERAL GOVERNMENT EMPLOYEES.— Advisory Committee Act (5 U.S.C. App) shall
designations under subsection (a), the Sec- Members described in clause (ii)(II) or (iii) of not apply to the advisory panels established
retary concerned shall consider— subparagraph (A) shall serve for a term of under this subsection.
‘‘(1) the potential of the eligible program two years, except that the first member ap- ‘‘(f) REVOCATION OF DESIGNATION.—If the
to— pointed under subparagraph (A)(iii) shall Secretary concerned determines that a des-
‘‘(A) advance the national security capa- serve for a term of one year. ignated program cannot reasonably meet the
bilities of the United States; ‘‘(C) CHAIR.—The chair for each advisory objectives of such designated program in the
‘‘(B) provide new technologies or processes, panel shall be as follows: relevant programming proposal referred to
or new applications of existing technologies, ‘‘(i) For the first year of operation of each in subsection (d)(2) or such objectives are ir-
that will enable new alternatives to existing such advisory panel, and every other year relevant, such Secretary concerned may re-
programs; and thereafter, the member appointed under sub- voke the designation.
‘‘(C) provide future cost savings; paragraph (A)(iii). ‘‘(g) REPORT TO CONGRESS.—The Secretary
‘‘(2) whether an advisory panel has rec- ‘‘(ii) For the second year of operation of of Defense shall submit to Congress an an-
ommended the eligible program for designa- each such advisory panel, and every other nual report describing each designated pro-
tion; and year thereafter, the member appointed under gram and the progress each designated pro-
‘‘(3) such other criteria that the Secretary subparagraph (A)(ii)(II). gram has made toward achieving the objec-
concerned determines to be appropriate. ‘‘(D) VACANCIES.—A vacancy in an advisory tives of the designated program.
‘‘(d) DESIGNATION BENEFITS.— panel shall be filled in the same manner as ‘‘(h) DEFINITIONS.—In this section:
‘‘(1) FUTURE YEARS DEFENSE PROGRAM IN- the original appointment. ‘‘(1) ADVISORY PANEL.—The term ‘advisory
CLUSION.—With respect to each designated ‘‘(E) CONFLICT OF INTEREST.—Members and panel’ means an advisory panel established
program, the Secretary of Defense shall in- staff of each advisory panel shall disclose to under subsection (e)(1).
clude in the next future-years defense pro- the relevant Secretary concerned, and such ‘‘(2) DESIGNATED PROGRAM.—The term ‘des-
gram the estimated expenditures of such des- Secretary concerned shall mitigate to the ignated program’ means an eligible program
ignated program. In the preceding sentence, extent practicable, any professional or orga- that has been designated as an Entrepre-
the term ‘next future-years defense program’ nizational conflict of interest of such mem- neurial Innovation Project under this sec-
means the future-years defense program sub- bers or staff arising from service on the advi- tion.
mitted to Congress under section 221 of this sory panel. ‘‘(3) ELIGIBLE PROGRAM.—The term ‘eligible
title after the date on which such designated ‘‘(F) COMPENSATION.— program’ means work performed pursuant to
program is designated under subsection (a). ‘‘(i) PRIVATE SECTOR MEMBER COMPENSA- a Phase III agreement (as such term is de-
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‘‘(2) PROGRAMMING PROPOSAL.—Each des- TION.—Except as provided in clause (ii), fined in section 9(r)(2) of the Small Business
ignated program shall be included by the members of an advisory panel, and the sup- Act (15 U.S.C. 638(r)(2))).’’.
Secretary concerned under a separate head- port staff of such members, shall be com- (2) CLERICAL AMENDMENT.—The table of
ing in any programming proposals submitted pensated at a rate determined reasonable by sections at the beginning of chapter 139 of
to the Secretary of Defense. the Secretary concerned and shall be reim- title 10, United States Code, is amended by
‘‘(3) PPBE COMPONENT.—Each designated bursed in accordance with section 5703 of inserting after the item related to section
program shall be considered by the Secretary title 5 for reasonable travel costs and ex- 2359b the following new item:
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