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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/, SHA-256 c9cfc5fdd6137ae27fc072ee10853a3fb23cf7786fe66dc20098ca18150e4f89.

Full text

                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                               (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




ctelli on DSK11ZRN23PROD with SENATE
                                             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.




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                             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—




ctelli on DSK11ZRN23PROD with SENATE
                                             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’’.




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                                                ‘‘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—




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                                             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




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                                             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




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                                                        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,




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                                             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




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                                             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,




ctelli on DSK11ZRN23PROD with SENATE
                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                                ‘‘(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




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                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                             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-




ctelli on DSK11ZRN23PROD with SENATE
                                                ‘‘(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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