Congressional Record, Senate, November 15, 2021, Page S8087
Summary
A page of the Congressional Record, Senate, dated November 15, 2021, at page S8087, listing amendments submitted to H.R. 4350, including SA 4656 by Mr. Cruz to amendment SA 4133 submitted by Mr. Kaine, and SA 4657 by Mr. Warnock and Mrs. Blackburn to amendment SA 3867. The text of one amendment would add a review of the financial management systems of the Department of Defense, with recommendations on replacing or improving them. Another passage would require a briefing on United States policy and security objectives in Burma, including actions to support the National Unity Government of the Republic of the Union of Myanmar. All are ordered to lie on the table.
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“Congressional Record, Senate, November 15, 2021, Page S8087.”
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8087
submitted an amendment intended to be pro- (D) The Assistant to the Administrator for tary activities of the Department of
posed to amendment SA 3867 submitted by the Bureau for Conflict Prevention and Sta- Defense, for military construction, and
Mr. REED and intended to be proposed to the bilization. for defense activities of the Depart-
bill H.R. 4350, supra; which was ordered to lie (E) Additional officials from the Depart-
on the table. ment of Defense or the Intelligence Commu-
ment of Energy, to prescribe military
SA 4656. Mr. CRUZ submitted an amend- nity, as appropriate. personnel strengths for such fiscal
ment intended to be proposed to amendment (2) INFORMATION REQUIRED.—The briefing year, and for other purposes; which was
SA 4133 submitted by Mr. KAINE and intended required under paragraph (1) shall include— ordered to lie on the table; as follows:
to be proposed to the amendment SA 3867 (A) a detailed description of the specific In section 1002(g)(1), insert after subpara-
proposed by Mr. REED to the bill H.R. 4350, United States policy and security objectives graph (E) the following:
supra; which was ordered to lie on the table. in Burma; (F) A review of the financial management
SA 4657. Mr. WARNOCK (for himself and (B) information about any actions taken systems of the Department of Defense, in-
Mrs. BLACKBURN) submitted an amendment by the United States, either directly or in cluding policies, procedures, and past and
intended to be proposed to amendment SA coordination with other countries— planned investments, and recommendations
3867 submitted by Mr. REED and intended to (i) to support and legitimize the National related to replacing, modifying, and improv-
be proposed to the bill H.R. 4350, supra; Unity Government of the Republic of the ing such systems to ensure that the financial
which was ordered to lie on the table. Union of Myanmar, The Civil Disobedience
SA 4658. Mr. WARNOCK (for himself and management systems and related processes
Movement in Myanmar, and other entities of the Department ensure effective internal
Mr. OSSOFF) submitted an amendment in-
promoting democracy in Burma, while si- control and the ability to achieve auditable
tended to be proposed to amendment SA 3867
multaneously denying legitimacy and re- financial statements and meet other finan-
submitted by Mr. REED and intended to be
sources to the Myanmar’s military junta; cial management and operational needs.
proposed to the bill H.R. 4350, supra; which
(ii) to impose costs on Myanmar’s military
was ordered to lie on the table.
SA 4659. Mr. HICKENLOOPER submitted junta, including— SA 4553. Mr. CRUZ submitted an
an amendment intended to be proposed to (I) an assessment of the impact of existing amendment intended to be proposed to
amendment SA 3867 submitted by Mr. REED United States and international sanctions; amendment SA 3867 submitted by Mr.
and intended to be proposed to the bill H.R. and
(II) a description of potential future sanc-
REED and intended to be proposed to
4350, supra; which was ordered to lie on the the bill H.R. 4350, to authorize appro-
table. tions options;
(iii) to secure the restoration of democ- priations for fiscal year 2022 for mili-
f racy, the establishment of inclusive and rep- tary activities of the Department of
TEXT OF AMENDMENTS resentative civilian government, with a re- Defense, for military construction, and
formed military reflecting the diversity of for defense activities of the Depart-
SA 4551. Mr. MCCONNELL (for him- Burma and under civilian control, and the
self, Mr. DURBIN, Mr. YOUNG, Mr. ment of Energy, to prescribe military
enactment of constitutional, political, and personnel strengths for such fiscal
GRASSLEY, Mr. GRAHAM, Mr. CARDIN, economic reform in Burma;
and Mr. HAGERTY) submitted an (iv) to secure the unconditional release of
year, and for other purposes; which was
amendment intended to be proposed to all political prisoners in Burma; ordered to lie on the table; as follows:
amendment SA 3867 submitted by Mr. (v) to promote genuine national reconcili- At the appropriate place, insert the fol-
REED and intended to be proposed to ation among Burma’s diverse ethnic and reli- lowing:
gious groups; SEC. lll. REPEAL OF NEW INFORMATION RE-
the bill H.R. 4350, to authorize appro- PORTING REQUIREMENTS WITH RE-
(vi) to ensure accountability for atrocities,
priations for fiscal year 2022 for mili- SPECT TO DIGITAL ASSET TRANS-
human rights violations, and crimes against
tary activities of the Department of humanity committed by Myanmar’s military FERS.
Defense, for military construction, and junta; and (a) IN GENERAL.—The amendments made by
for defense activities of the Depart- (vii) to avert a large-scale humanitarian section 80603 of the Infrastructure Invest-
ment of Energy, to prescribe military disaster; ment and Jobs Act are repealed and the pro-
personnel strengths for such fiscal (C) an update on the current status of visions of law amended by such section are
United States assistance programs in Burma, restored as if such section had never been en-
year, and for other purposes; which was
including— acted.
ordered to lie on the table; as follows: (b) EFFECTIVE DATE.—The repeal made by
At the end of subtitle E of title XII, add (i) humanitarian assistance for affected
populations, including internally displaced subsection (a) shall take effect on the date of
the following: enactment of this Act.
SEC. 1253. SUPPORTING DEMOCRACY IN BURMA.
persons and efforts to mitigate humanitarian
and health crises in neighboring countries
(a) DEFINED TERM.—In this section, the SA 4554. Mr. COTTON submitted an
term ‘‘appropriate congressional commit- and among refugee populations;
(ii) democracy assistance, including sup- amendment intended to be proposed to
tees’’ means—
port to the National Unity Government of amendment SA 3867 submitted by Mr.
(1) the Committee on Foreign Relations of
the Senate; the Republic of the Union of Myanmar and REED and intended to be proposed to
(2) the Committee on Foreign Affairs of the civil society groups in Burma; the bill H.R. 4350, to authorize appro-
House of Representatives; (iii) economic assistance; and priations for fiscal year 2022 for mili-
(3) the Committee on Appropriations of the (iv) global health assistance, including tary activities of the Department of
Senate; COVID–19 relief; and
(D) a description of the strategic interests
Defense, for military construction, and
(4) the Committee on Appropriations of the for defense activities of the Depart-
House of Representatives; in Burma of the People’s Republic of China
and the Russian Federation, including— ment of Energy, to prescribe military
(5) the Committee on Armed Services of
(i) access to natural resources and lines of personnel strengths for such fiscal
the Senate;
(6) the Committee on Armed Services of communications to sea routes; and year, and for other purposes; which was
the House of Representatives; (ii) actions taken by such countries— ordered to lie on the table; as follows:
(7) the Committee on Banking, Housing, (I) to support Myanmar’s military junta in At the end of subtitle E of title I, add the
and Urban Affairs of the Senate; and order to preserve or promote such interests; following:
(8) the Committee on Financial Services of (II) to undermine the sovereignty and ter-
SEC. 164. RESTRICTION ON PROCUREMENT OF
the House of Representatives. ritorial integrity of Burma; and AIRCRAFT NOT CAPABLE OF PER-
(b) BRIEFING REQUIRED.— (III) to promote ethnic conflict within FORMING CERTAIN MISSIONS.
(1) IN GENERAL.—Not later than 60 days Burma. (a) IN GENERAL.—Except as provided under
after the date of the enactment of this Act, (c) CLASSIFICATION AND FORMAT.—The
subsection (b), the Secretary of a military
briefing required under subsection (b)—
the following officials shall jointly brief the department may not procure any aircraft
(1) shall be provided in an unclassified set-
appropriate congressional committees re- that is not capable of performing the pri-
ting; and
garding actions taken by the United States mary or secondary mission of the aircraft in
(2) may be accompanied by a separate clas-
Government to further United States policy the expected threat environment in which
sified briefing, as appropriate.
and security objectives in Burma (officially the aircraft will operate during conflict.
known as the ‘‘Republic of the Union of SA 4552. Mr. GRASSLEY (for himself (b) WAIVER.—The Secretary of a military
ctelli on DSK11ZRN23PROD with SENATE
Myanmar’’): department may waive the requirement
and Mr. SANDERS) submitted an amend-
(A) The Assistant Secretary of State for under subsection (a) if the Secretary cer-
East Asian and Pacific Affairs. ment intended to be proposed to tifies to the congressional defense commit-
(B) The Counselor of the Department of amendment SA 3867 submitted by Mr. tees that the aircraft—
State. REED and intended to be proposed to (1) will not be used inside a threat enve-
(C) The Under Secretary of the Treasury the bill H.R. 4350, to authorize appro- lope; or
for Terrorism and Financial Intelligence. priations for fiscal year 2022 for mili- (2) will be unmanned.
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S8088 CONGRESSIONAL RECORD — SENATE November 15, 2021
SA 4555. Mr. COTTON submitted an mantling the financial networks of drug traf- (B) by inserting after subparagraph (F) the
amendment intended to be proposed to ficking organizations, transnational crimi- following:
amendment SA 3867 submitted by Mr. nal organizations, and money laundering or- ‘‘(G) activities to map, track, dismantle,
ganizations. and disrupt the financial networks of drug
REED and intended to be proposed to trafficking organizations, transnational
(7) Uniform application of anti-money
the bill H.R. 4350, to authorize appro- laundering laws and information sharing will criminal organizations, and money laun-
priations for fiscal year 2022 for mili- enhance the ability of the Federal Govern- dering organizations involved in the manu-
tary activities of the Department of ment and State governments to dismantle facture and trafficking of drugs in the
Defense, for military construction, and drug trafficking organizations, transnational United States and in foreign countries;’’.
for defense activities of the Depart- criminal organizations, and money laun- (2) CONTENTS OF NATIONAL DRUG CONTROL
dering organizations. STRATEGY.—Section 706(c)(1)(L) of the Office
ment of Energy, to prescribe military
(8) The Financial Action Task Force estab- of National Drug Control Policy Reauthor-
personnel strengths for such fiscal ization Act of 1998 (21 U.S.C. 1705(c)(1)(L)) is
lishes international standards that aim to
year, and for other purposes; which was amended by inserting before the period at
prevent money laundering associated with
ordered to lie on the table; as follows: the illicit drug trade and other illegal activi- the end the following: ‘‘, which statistical
At the end of subtitle D of title I, add the ties, and is supported by more than 200 im- data shall include, to the greatest extent
following: plementing countries and jurisdictions, in- practicable, the information submitted to
SEC. 150. MINIMUM FIGHTER FORCE STRUCTURE cluding the United States. In its 2016 Mutual the Director by the Comptroller General of
WITHIN THE EUROPEAN THEATER. Evaluation Report of the United States, the the United States in the 2 most recent an-
(a) IN GENERAL.—The Secretary of the Air Task Force found that while Federal law en- nual reports under subsection (c) of the Not
Force shall maintain a minimum of seven forcement agencies aggressively target Allowing Revenue for Criminal Organiza-
fighter squadrons assigned to and based in money laundering cases, ‘‘State law enforce- tions Act’’.
the area of responsibility of the United ment authorities can complement Federal (e) MODEL LAWS.—
States European Command. efforts, but more typically pursue State- (1) IN GENERAL.—The Attorney General
(b) SUNSET.—This section shall cease to be level law enforcement priorities. Among the shall enter into an agreement with a non-
effective on November 1, 2028. States, there is no uniform approach and lit- governmental organization, which may in-
--- tle data is available. Where information was clude an institution of higher education, to—
SA 4556. Mr. WHITEHOUSE (for him- provided, it tended to suggest that [money (A) advise States on establishing laws and
policies to address money laundering prac-
self and Ms. HASSAN) submitted an laundering] is not prioritised by the State
tices related to the manufacture, sale, or
amendment intended to be proposed by authorities.’’.
trafficking of illicit drugs;
him to the bill H.R. 4350, to authorize (9) It is in the best national security inter-
(B) develop model State laws pertaining to
appropriations for fiscal year 2022 for est of the United States to increase the ca-
money laundering practices related to the
pacity of States and partner countries to
military activities of the Department identify, investigate, and prosecute corrup-
sale or trafficking of illicit drugs; and
of Defense, for military construction, (C) revise the model State laws described
tion and money laundering schemes that di-
and for defense activities of the De- in subparagraph (B) and draft supplementary
rectly benefit drug trafficking organizations,
model State laws that take into consider-
partment of Energy, to prescribe mili- transnational criminal organizations, and
ation changes in the trafficking of illicit
tary personnel strengths for such fiscal money laundering organizations. drugs and related money laundering schemes
year, and for other purposes; which was (c) GAO REPORT.— in the State involved.
ordered to lie on the table; as follows: (1) IN GENERAL.—Not later than 2 years (2) AUTHORIZATION OF APPROPRIATIONS.—
At the appropriate place, insert the fol- after the date of enactment of this Act, and There is authorized to be appropriated
lowing: annually thereafter, the Comptroller Gen- $300,000 for each of fiscal years 2022 through
eral of the United States shall submit to the 2026 to carry out this subsection.
SEC. lll. INCREASING THE CAPACITY OF
STATES AND PARTNER COUNTRIES
Committee on the Judiciary of the Senate, (f) COUNTERING INTERNATIONAL ILLICIT FI-
TO COUNTER CORRUPTION AND the Caucus on International Narcotics Con- NANCE TECHNIQUES USED BY CRIMINAL ORGA-
MONEY LAUNDERING SCHEMES RE- trol of the Senate, the Committee on the Ju- NIZATIONS.—
LATED TO DRUG TRAFFICKING. diciary of the House of Representatives, and (1) IN GENERAL.—The Attorney General, in
(a) SHORT TITLE.—This section may be the Director of National Drug Control Policy consultation with the Director of the Finan-
cited as the ‘‘Not Allowing Revenue for an assessment of— cial Crimes Enforcement Network of the De-
Criminal Organizations Act’’ or ‘‘NARCO (A) the number and status of investiga- partment of the Treasury, shall provide
Act’’. tions and prosecutions across National Drug training, technical assistance, and
(b) FINDINGS.—Congress finds the fol- Control Program agencies (as defined in sec- mentorship to foreign countries that have
lowing: tion 702 of the Office of National Drug Con- been designated as major money laundering
(1) Drug trafficking organizations, trol Policy Reauthorization Act of 1998 (21 countries under section 489 of the Foreign
transnational criminal organizations, and U.S.C. 1701)) with a drug trafficking and Assistance Act of 1961 (22 U.S.C. 2291h) in
money laundering organizations prey upon money laundering and illicit finance nexus, order to—
individuals suffering from substance use dis- unless the disclosure of such information (A) increase the institutional capacity of
orders and exploit the financial systems of would reveal information protected by rule those countries to prevent corruption and
the United States to sustain their criminal 6(e) of the Federal Rules of Criminal Proce- swiftly address corruption when it occurs;
enterprises. dure or a court order; and (B) implement justice sector reform to en-
(2) The illicit drug trade in the United (B) the amount of money and other things sure the successful prosecution of drug traf-
States is conservatively valued at of value in various forms, including tangible ficking organizations, transnational crimi-
$150,000,000,000 annually, making it worth and digital assets, and property criminally nal organizations, money laundering organi-
more than the gross domestic product of ap- seized by or forfeited to the Federal Govern- zations, and other entities or individuals in-
proximately 150 countries. ment on an annual basis from individuals as- volved in the illicit drug trade;
(3) More than 93,000 individuals in the sociated with drug trafficking, drug traf- (C) better understand, map, target, and at-
United States died from drug overdoses in ficking organizations, transnational crimi- tack the financial networks of drug traf-
2020. nal organizations, or money laundering orga- ficking organizations, transnational crimi-
(4) Drug trafficking organizations, nizations, which shall be— nal organizations, and other entities or indi-
transnational criminal organizations, and (i) adjusted to eliminate duplication in the viduals involved in the illicit drug trade;
money laundering organizations perpetuate case of seizures or forfeitures carried out and (D) develop and implement laws and regu-
crime, corruption, and kleptocracy, which reported by multiple agencies; and lations to establish or strengthen asset for-
undermines the rule of law and erodes demo- (ii) disaggregated by agency. feiture programs; and
cratic institutions in foreign countries while (2) CLASSIFIED ANNEX.—The Comptroller (E) develop and implement laws and regu-
threatening the national security of the General may provide the assessment under lations to counter corruption, money laun-
United States. paragraph (1), or a portion thereof, in a clas- dering, and illicit finance techniques used by
(5) Understanding and attacking the finan- sified annex if necessary. drug trafficking organizations, transnational
cial networks, both in the United States and (d) TECHNICAL UPDATES TO OFFICE OF NA- criminal organizations, money laundering
abroad, that enable drug trafficking organi- TIONAL DRUG CONTROL POLICY REAUTHORIZA- organizations, and other entities or individ-
zations, transnational criminal organiza- TION ACT OF 1998.— uals involved in the illicit drug trade.
ctelli on DSK11ZRN23PROD with SENATE
tions, and money laundering organizations is (1) DEFINITION OF ‘‘SUPPLY REDUCTION’’.— (2) ANNUAL REPORT.—Not later than 120
critical to disrupting and dismantling those Section 702(17) of the Office of National Drug days after the end of each fiscal year, begin-
organizations. Control Policy Reauthorization Act of 1998 ning with fiscal year 2023, the Attorney Gen-
(6) As such, the national drug control (21 U.S.C. 1701(17)) is amended— eral shall submit a report to the Committee
strategy of the United States should include (A) by redesignating subparagraphs (G) and on the Judiciary of the Senate, the Caucus
an explicit focus, goals, and metrics related (H) as subparagraphs (H) and (I), respec- on International Narcotics Control of the
to mapping, tracking, attacking, and dis- tively; and Senate, and the Committee on the Judiciary
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8089
of the House of Representatives that in- (5) The United States and Greece have held SEC. 1293. SENSE OF CONGRESS.
cludes, with respect to each country that re- Strategic Dialogue meetings in Athens, It is the sense of Congress that—
ceived training, technical assistance, and Washington D.C., and virtually, and have (1) Greece is a pillar of stability in the
mentorship under paragraph (1) during that committed to hold an upcoming Strategic Eastern Mediterranean region and the
fiscal year— Dialogue session in 2021 in Washington, D.C. United States should remain committed to
(A) the type and duration of training, tech- (6) In October 2019, the United States and supporting its security and prosperity;
nical assistance, and mentorship provided to Greece agreed to update the United States- (2) the 3+1 format of cooperation among
the country; Greece Mutual Defense Cooperation Agree- Cyprus, Greece, Israel, and the United States
(B) the implementation status of new laws ment, and the amended agreement officially has been a successful forum to cooperate on
and regulations to counter corruption, entered into force on February 13, 2020. energy issues and should be expanded to in-
money laundering, and illicit finance tech- (7) The amended Mutual Defense Coopera- clude other areas of common concern to the
niques used by drug trafficking organiza- tion Agreement provides for increased joint members;
tions, transnational criminal organizations, United States-Greece and NATO activities at (3) the United States should increase and
money laundering organizations, and other Greek military bases and facilities in deepen efforts to partner with and support
entities or individuals involved in the illicit Larissa, Stefanovikio, Alexandroupolis, and the modernization of the Greek military;
drug trade in the country; other parts of central and northern Greece, (4) it is in the interests of the United
(C) the number of money laundering and il- and allows for infrastructure improvements States that Greece continue to transition its
licit finance investigations, prosecutions, at the United States Naval Support Activity military equipment away from Russian-pro-
and convictions related to the narcotics duced platforms and weapons systems
Souda Bay base on Crete.
trade that were undertaken in the country; through the European Recapitalization In-
(8) In October 2020, Greek Foreign Minister
(D) the amount of money and other things vestment Program;
Nikos Dendias announced that Greece hopes
of value in various forms, including tangible (5) the United States Government should
to further expand the Mutual Defense Co-
and digital assets, and property criminally continue to deepen strong partnerships with
operation Agreement with the United States.
seized by or forfeited to the Federal Govern- the Greek military, especially in co-develop-
(9) The United States Naval Support Activ-
ment from drug trafficking organizations, ment and co-production opportunities with
ity Souda Bay serves as a critical naval lo-
transnational criminal organizations, money the Greek Navy;
laundering organizations, and other entities gistics hub for the United States Navy’s 6th
Fleet. (6) the naval partnerships with Greece at
or individuals involved in the illicit drug Souda Bay and Alexandroupolis are mutu-
trade, in the country; and (10) In June 2020, United States Ambas-
sador to Greece Geoffrey Pyatt characterized ally beneficial to the national security of the
(E) the number of joint investigations that United States and Greece;
United States undertook with the country the importance of Naval Support Activity
Souda Bay as ‘‘our most important platform (7) the United States should, as appro-
and whether those investigations led to pros- priate, support the sale of F–35 Joint Strike
ecutions or convictions. for the projection of American power into a
strategically dynamic Eastern Mediterra- Fighters to Greece;
(3) AUTHORIZATION OF APPROPRIATIONS.— (8) the United States Government should
There is authorized to be appropriated nean region. From Syria to Libya to the
chokepoint of the Black Sea, this is a criti- continue to invest in International Military
$80,000,000 for each of fiscal years 2022 Education and Training (IMET) programs in
through 2026 to carry out this subsection. cally important asset for the United States,
as our air force, naval, and other resources Greece;
--- (9) the United States Government should
SA 4557. Mr. MENENDEZ (for himself are applied to support our Alliance obliga-
tions and to help bring peace and stability.’’. support joint maritime security cooperation
and Mr. RUBIO) submitted an amend- exercises with Cyprus, Greece, and Israel;
ment intended to be proposed to (11) The USS Hershel ‘‘Woody’’ Williams,
the second of a new class of United States (10) in accordance with its legal authorities
amendment SA 3867 submitted by Mr. sea-basing ships, is now based out of Souda and project selection criteria, the United
REED and intended to be proposed to Bay, the first permanent United States naval States Development Finance Corporation
the bill H.R. 4350, to authorize appro- deployment at the base. should consider supporting private invest-
priations for fiscal year 2022 for mili- (12) The United States cooperates with the ment in strategic infrastructure projects in
tary activities of the Department of Hellenic Armed Forces at facilities in Greece, to include shipyards and ports that
Defense, for military construction, and Larissa, Stefanovikio, and Alexandroupolis, contribute to the security of the region and
for defense activities of the Depart- where the United States Armed Forces con- Greece’s prosperity;
duct training, refueling, temporary mainte- (11) the extension of the Mutual Defense
ment of Energy, to prescribe military
nance, storage, and emergency response. Cooperation Agreement with Greece for a pe-
personnel strengths for such fiscal riod of five years includes deepened partner-
year, and for other purposes; which was (13) The United States has conducted a
longstanding International Military Edu- ships at Greek military facilities throughout
ordered to lie on the table; as follows: cation and Training (IMET) program with the country and is a welcome development;
At the end of title XII, add the following: Greece, and the Government of Greece has and
Subtitle H—U.S.-Greece Defense and committed to provide $3 for every dollar in- (12) the United States Government should
Interparliamentary Partnership Act of 2021 vested by the United States in the program. establish the United States-Eastern Medi-
SEC. 1291. SHORT TITLE. (14) Greece’s defense spending in 2020 terranean Energy Center as authorized in
This subtitle may be cited as the ‘‘U.S.- amounted to an estimated 2.68 percent of its the Eastern Mediterranean Energy and Secu-
Greece Defense and Interparliamentary Part- gross domestic product (GDP), exceeding rity Partnership Act of 2019.
nership Act of 2021’’. NATO’s 2 percent of GDP benchmark agreed SEC. 1294. FUNDING FOR EUROPEAN RECAPITAL-
SEC. 1292. FINDINGS. to at the 2014 NATO Summit in Wales. IZATION INCENTIVE PROGRAM.
Congress makes the following findings: (15) Greece is eligible for the delivery of ex- (a) IN GENERAL.—To the maximum extent
(1) The United States and Greece are cess defense articles under section 516(c)(2) of feasible, of the funds appropriated for the
strong allies in the North Atlantic Treaty the Foreign Assistance Act of 1961 (22 U.S.C. European Recapitalization Incentive Pro-
Organization (NATO) and have deepened 2321j(c)(2)). gram, $25,000,000 for each of fiscal years 2022
their defense relationship in recent years in (16) In September 2020, Greek Prime Min- through 2026 should be considered for Greece
response to growing security challenges in ister Kyriakos Mitsotakis announced plans as appropriate to assist the country in meet-
the Eastern Mediterranean region. to modernize all three branches of the Hel- ing its defense needs and transitioning away
(2) Greece participates in several NATO lenic Armed Forces, which will strengthen from Russian-produced military equipment.
missions, including Operation Sea Guardian Greece’s military position in the Eastern (b) REPORT.—Not later than 180 days after
in the Mediterranean and NATO’s mission in Mediterranean. the date of the enactment of this Act, the
Kosovo. (17) The modernization includes upgrades Secretary of State shall submit to the appro-
(3) The Eastern Mediterranean Security to the arms of all three branches, including priate congressional committees a report
and Energy Partnership Act (title II of divi- new anti-tank weapons for the Hellenic that provides a full accounting of all funds
sion J of Public Law 116–94), authorized new Army, new heavy-duty torpedoes for the Hel- distributed under the European Recapitaliza-
security assistance for Greece and Cyprus, lenic Navy, and new guided missiles for the tion Incentive Program, including—
lifted the United States prohibition on arms Hellenic Air Force. (1) identification of each recipient country;
transfers to Cyprus, and authorized the es- (18) The Hellenic Navy also plans to up- (2) a description of how the funds were
tablishment of a United States-Eastern Med- grade its four MEKO 200HN frigates and pur- used; and
iterranean Energy Center to facilitate en- chase four new multirole frigates of an un- (3) an accounting of remaining equipment
ctelli on DSK11ZRN23PROD with SENATE
ergy cooperation among the United States, disclosed type, to be accompanied by 4 MH- in recipient countries that was provided by
Greece, Israel, and Cyprus. 60R anti-submarine helicopters. the then-Soviet Union or Russian Federa-
(4) The United States has demonstrated its (19) The Hellenic Air Force plans to fully tion.
support for the trilateral partnership of upgrade its fleet of F–16 jets to the F–16 SEC. 1295. SENSE OF CONGRESS ON LOAN PRO-
Greece, Israel, and Cyprus through joint en- Viper variant by 2027 and has expressed in- GRAM.
gagement with Cyprus, Greece, Israel, and terest in participating in the F–35 Joint It is the sense of Congress that, as appro-
the United States in the ‘‘3+1’’ format. Strike Fighter program. priate, the United States Government should
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S8090 CONGRESSIONAL RECORD — SENATE November 15, 2021
provide direct loans to Greece for the pro- year, and for other purposes; which was (2) may populate the Database with infor-
curement of defense articles, defense serv- ordered to lie on the table; as follows: mation from past, current, or potential cli-
ices, and design and construction services At the appropriate place in title X, insert ents of Centers.
pursuant to the authority of section 23 of the the following: (f) DATABASE CONTENT.—
Arms Export Control Act (22 U.S.C. 2763) to SEC. llll. NATIONAL MANUFACTURING EX- (1) IN GENERAL.—The Database may include
support the further development of Greece’s TENSION PARTNERSHIP SUPPLY the following:
military forces. CHAIN DATABASE. (A) Basic company information.
SEC. 1296. TRANSFER OF F–35 JOINT STRIKE (a) DEFINITIONS.—In this section: (B) An overview of capabilities, accredita-
FIGHTER AIRCRAFT TO GREECE. (1) CENTER.—The term ‘‘Center’’ has the tions, and products.
The President is authorized to expedite de- meaning given such term in section 25(a) of (C) Proprietary information.
livery of any future F–35 aircraft to Greece the National Institute of Standards and (D) Such other items as the Director con-
once Greece is prepared to move forward Technology Act (15 U.S.C. 278k(a)). siders necessary.
with such a purchase on such terms and con- (2) DATABASE.—The term ‘‘Database’’ (2) STANDARD CLASSIFICATION SYSTEM.—The
ditions as the President may require. Such means the National Manufacturing Exten- Database shall use the North American In-
transfer shall be submitted to Congress pur- sion Partnership Supply Chain Database es- dustry Classification System (NAICS) Codes
suant to the certification requirements tablished under subsection (b). as follows:
under section 36 of the Arms Export Control (3) DIRECTOR.—The term ‘‘Director’’ means (A) Sector 31-33 – Manufacturing.
Act (22 U.S.C. 2776). the Director of the National Institute of (B) Sector 54 – Professional, Scientific, and
SEC. 1297. IMET COOPERATION WITH GREECE. Standards and Technology. Technical Services.
For each of fiscal years 2022 through 2026, (4) INSTITUTE.—The term ‘‘Institute’’ (C) Sector 48-49 – Transportation and
$1,800,000 is authorized to be appropriated for means the National Institute of Standards Warehousing.
International Military Education and Train- and Technology. (3) LEVELS.—The Database shall be multi-
ing assistance for Greece, which may be (b) ESTABLISHMENT OF DATABASE.—
leveled as follows:
made available for the following purposes: (1) IN GENERAL.—Subject to the avail-
(A) Level 1 shall have basic company infor-
(1) Training of future leaders. ability of appropriations, the Director shall
mation and shall be available to the public.
(2) Fostering a better understanding of the establish a database to assist the United
(B) Level 2 shall have a deeper, nonpropri-
United States. States in minimizing disruptions in the sup-
etary overview into capabilities, products,
(3) Establishing a rapport between the ply chain by providing a resource for manu-
and accreditations and shall be available to
United States Armed Forces and Greece’s facturers in the United States.
all companies that contribute to the Data-
military to build partnerships for the future. (2) DESIGNATION.—The database established
base and agree to terms of mutual disclo-
(4) Enhancement of interoperability and under paragraph (1) shall be known as the
sure.
capabilities for joint operations. ‘‘National Manufacturing Extension Partner-
(C) Level 3 shall hold proprietary informa-
(5) Focusing on professional military edu- ship Supply Chain Database’’.
(c) CONSIDERATIONS.—In establishing the tion.
cation, civilian control of the military, and (4) MATTERS RELATING TO DISCLOSURE AND
protection of human rights. Database, the Director shall consider the
findings and recommendations from the ACCESS.—
SEC. 1298. CYPRUS, GREECE, ISRAEL, AND THE (A) FOIA EXEMPTION.—The Database, and
UNITED STATES 3+1 INTER- study required under section 9413 of the Wil-
liam M. (Mac) Thornberry National Defense any information contained therein that is
PARLIAMENTARY GROUP.
Authorization Act for Fiscal Year 2021 (Pub- not publicly released by the Institute, shall
(a) ESTABLISHMENT.—There is established a be exempt from public disclosure under sec-
group, to be known as the ‘‘Cyprus, Greece, lic Law 116–283), including measures to se-
cure and protect the Database from adver- tion 552(b)(3) of title 5, United States Code.
Israel, and the United States 3+1 Inter- (B) LIMITATION ON ACCESS TO CONTENT.—Ac-
parliamentary Group’’, to serve as a legisla- sarial attacks and vulnerabilities.
(d) CONNECTIONS WITH HOLLINGS MANUFAC- cess to a contributing company’s nonpublic
tive component to the 3+1 process launched content in the Database shall be limited to
TURING EXTENSION PARTNERSHIPS CENTERS.—
in Jerusalem in March 2019. the contributing company, the Institute, and
(1) IN GENERAL.—The Director shall create
(b) MEMBERSHIP.—The Cyprus, Greece,
the infrastructure for the Database through staff from a Center who sign such nondisclo-
Israel, and the United States 3+1 Inter-
the Hollings Manufacturing Extension Part- sure agreement as the Director considers ap-
parliamentary Group shall include a group of
nership, established under section 25 of the propriate.
not more than 6 United States Senators, to
National Institute of Standards and Tech- (C) AGGREGATED INFORMATION.—The Direc-
be known as the ‘‘United States group’’, who
nology Act (15 U.S.C. 278k), by connecting in- tor may make aggregated, de-identified in-
shall be appointed jointly by the majority
formation from the Centers through the formation available to contributing compa-
leader and the minority leader of the Senate.
Database. nies, Centers, or the public, as the Director
(c) MEETINGS.—Not less frequently than
(2) NATIONAL VIEW.—The Director shall en- considers appropriate, in support of the pur-
once each year, the United States group
sure that connections under paragraph (1)— poses of this section.
shall meet with members of the 3+1 group to
(A) provide a national overview of the net- (g) COORDINATION WITH NATIONAL TECH-
discuss issues on the agenda of the 3+1 delib-
works of supply chains of the United States; NOLOGY AND INDUSTRIAL BASE.—The Director,
erations of the Governments of Greece,
and acting through the Hollings Manufacturing
Israel, Cyprus, and the United States to in-
(B) support understanding of whether there Extension Partnership program, may work
clude maritime security, defense coopera-
is a need for some manufacturers to retool in with the National Defense Technology and
tion, energy initiatives, and countering ma-
some critical areas to meet the urgent need Industrial Base Council established by sec-
lign influence efforts by the People’s Repub-
for key products, such as defense supplies, tion 2502(a) of title 10, United States Code, as
lic of China and the Russian Federation.
food, and medical devices, including personal the Director considers appropriate, to in-
SEC. 1299. APPROPRIATE CONGRESSIONAL COM-
MITTEES.
protective equipment. clude in the Database information regarding
(3) INDIVIDUAL HOLLINGS MANUFACTURING the defense manufacturing supply chain.
In this subtitle, the term ‘‘appropriate con-
EXTENSION PARTNERSHIP CENTER DATA-
gressional committees’’ means— (h) PROTECTIONS.—
BASES.—
(1) the Committee on Foreign Relations, (1) IN GENERAL.—Supply chain information
(A) IN GENERAL.—The Director shall ensure
the Committee on Armed Services, and the that is voluntarily and lawfully submitted
that—
Committee on Appropriations of the Senate; by a private entity and accompanied by an
(i) each Center is connected to the Data-
and express statement described in paragraph
base; and
(2) the Committee on Foreign Affairs, the (2)—
(ii) each supply chain database maintained
Committee on Armed Services, and the Com- (A) shall be exempt from disclosure under
by a Center is interoperable with the Data-
mittee on Appropriations of the House of section 552(b)(3) of title 5, United States
base.
Representatives. Code;
(B) RULE OF CONSTRUCTION.—Nothing in
--- this section shall be construed to require a (B) shall not be made available pursuant to
SA 4558. Mr. MENENDEZ (for himself any Federal, State, local, or Tribal authority
State or territory of the United States to es-
and Mrs. BLACKBURN) submitted an tablish a new supply chain database through pursuant to any Federal, State, local, or
amendment intended to be proposed to the Hollings Manufacturing Extension Part- Tribal law requiring public disclosure of in-
amendment SA 3867 submitted by Mr. nership program. formation or records; and
REED and intended to be proposed to (e) MAINTENANCE OF NATIONAL SUPPLY (C) shall not, without the written consent
the bill H.R. 4350, to authorize appro- CHAIN DATABASE.—The Director, acting of the person or entity submitting such in-
ctelli on DSK11ZRN23PROD with SENATE
priations for fiscal year 2022 for mili- through the Hollings Manufacturing Exten- formation, be used directly by the Director,
sion Partnership program or a designee of or any other Federal, State, or local author-
tary activities of the Department of the program— ity in any civil enforcement action brought
Defense, for military construction, and (1) shall maintain the Database as an inte- by a Federal, State, or local authority.
for defense activities of the Depart- gration of State-level databases from the (2) EXPRESS STATEMENT.—The express
ment of Energy, to prescribe military Center of each State or territory of the statement described in this paragraph, with
personnel strengths for such fiscal United States; and respect to information or records, is—
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8091
(A) in the case of written information or are available to meet future national secu- priate stakeholders, including representa-
records, a written marking on the informa- rity requirements. tives of the Internet Engineering Task Force
tion or records substantially similar to the (2) REQUIREMENTS.—The study conducted and information and communications tech-
following: ‘‘This information is voluntarily under paragraph (1) shall identify— nology infrastructure providers, to prepare
submitted to the Federal Government in ex- (A)(i) existing and potential future na- and submit to Congress a strategy to encour-
pectation of protection from disclosure as tional security program demands for ura- age implementation of measures to secure
provided by the provisions of section nium; and the border gateway protocol and the domain
ølll¿(h) of the National Defense Author- (ii) existing and projected future inven- name system.
ization Act for Fiscal Year 2022.’’; or tories of domestic uranium that could be (2) STRATEGY REQUIREMENTS.—The strategy
(B) in the case of oral information, a writ- available to meet national security needs; required under paragraph (1) shall—
ten statement similar to the statement de- and (A) articulate the motivation and goal of
scribed in subparagraph (A) submitted with- (B) the extent to which national security the strategy to reduce incidents of border
in a reasonable period following the oral needs are capable of being met with existing gateway protocol hijacking and domain
communication. uranium stockpiles. name system hijacking;
(i) RULES OF CONSTRUCTION.— (3) DEADLINE FOR COMPLETION OF STUDY.— (B) articulate the security and privacy
(1) PRIVATE ENTITIES.—Nothing in this sec- Not later than 1 year after the date of enact- benefits of implementing the most up-to-
tion shall be construed to require any pri- ment of this Act, the Comptroller General of date and secure instances of the border gate-
vate entity to share data with the Director the United States shall provide a briefing on way protocol and the domain name system
specifically for to the Database. the study conducted under paragraph (1) to— and the burdens of implementation and the
(2) PROHIBITION ON NEW REGULATORY AU- (A) the Committee on Armed Services of entities on whom those burdens will most
THORITY.—Nothing in this section shall be the Senate; likely fall;
construed to grant the Director, or the head (B) the Committee on Energy and Natural (C) identify key United States and inter-
of any other Federal agency, with any au- Resources of the Senate; national stakeholders;
thority to promulgate regulations or set (C) the Committee on Environment and (D) outline varying measures that could be
standards on manufacturers, based on data Public Works of the Senate; used to implement security or provide au-
within the Database, that was not in effect (D) the Committee on Armed Services of thentication for the border gateway protocol
on the day before the date of enactment of the House of Representatives; and the domain name system;
this section. (E) the Committee on Natural Resources of (E) identify any barriers to implementing
(j) AUTHORIZATION OF APPROPRIATIONS.— the House of Representatives; and security for the border gateway protocol and
There are authorized to be appropriated— (F) the Committee on Energy and Com- the domain name system at scale;
(1) $31,000,000 for fiscal year 2022 to develop merce of the House of Representatives. (F) identify operational security and
and launch the Database; and robustness concerns in other aspects of the
(2) $26,000,000 for each of fiscal years 2023 SA 4560. Mr. KING (for himself, Mr. core infrastructure of the internet;
through 2026 to maintain, update, and sup- ROUNDS, Mr. SASSE, Ms. ROSEN, Ms. (G) propose a strategy to implement iden-
port Federal coordination of the State sup- HASSAN, and Mr. OSSOFF) submitted an tified security measures at scale, accounting
ply chain databases maintained by the Cen- amendment intended to be proposed to for barriers to implementation and bal-
ters. ancing benefits and burdens, where feasible;
amendment SA 3867 submitted by Mr.
REED and intended to be proposed to and
SA 4559. Ms. SINEMA (for herself and (H) provide an initial estimate of the total
Mr. KELLY) submitted an amendment the bill H.R. 4350, to authorize appro-
cost to the Government and implementing
intended to be proposed to amendment priations for fiscal year 2022 for mili- entities in the private sector of imple-
SA 3867 submitted by Mr. REED and in- tary activities of the Department of menting security for the border gateway pro-
tended to be proposed to the bill H.R. Defense, for military construction, and tocol and the domain name system and pro-
4350, to authorize appropriations for for defense activities of the Depart- pose recommendations for defraying these
fiscal year 2022 for military activities ment of Energy, to prescribe military costs, if applicable.
of the Department of Defense, for mili- personnel strengths for such fiscal
tary construction, and for defense ac- year, and for other purposes; which was SA 4561. Mr. KING (for himself, Mr.
tivities of the Department of Energy, ordered to lie on the table; as follows: ROUNDS, Mr. SASSE, Ms. ROSEN, Ms.
to prescribe military personnel At the appropriate place, insert the fol- HASSAN, and Mr. OSSOFF) submitted an
lowing: amendment intended to be proposed to
strengths for such fiscal year, and for SEC. ll. SECURE FOUNDATIONAL INTERNET
other purposes; which was ordered to PROTOCOLS.
amendment SA 3867 submitted by Mr.
lie on the table; as follows: (a) DEFINITIONS.—In this section: REED and intended to be proposed to
At the appropriate place, insert the fol- (1) BORDER GATEWAY PROTOCOL.—The term the bill H.R. 4350, to authorize appro-
lowing: ‘‘border gateway protocol’’ means a protocol priations for fiscal year 2022 for mili-
SEC. lll. PROTECTION OF THE GRAND CAN- designed to optimize routing of information tary activities of the Department of
YON. exchanged through the internet. Defense, for military construction, and
(a) WITHDRAWAL OF FEDERAL LAND FROM (2) DOMAIN NAME SYSTEM.—The term ‘‘do- for defense activities of the Depart-
MINING LAWS.— main name system’’ means a system that ment of Energy, to prescribe military
(1) DEFINITION OF MAP.—In this subsection, stores information associated with domain
the term ‘‘Map’’ means the Bureau of Land names in a distributed database on net-
personnel strengths for such fiscal
Management map entitled ‘‘Grand Canyon works. year, and for other purposes; which was
Protection Act’’ and dated January 22, 2021. (3) INFORMATION AND COMMUNICATIONS TECH- ordered to lie on the table; as follows:
(2) WITHDRAWAL.—Subject to valid existing NOLOGY INFRASTRUCTURE PROVIDERS.—The At the end, add the following:
rights, the approximately 1,006,545 acres of term ‘‘information and communications
Federal land in the State of Arizona within technology infrastructure providers’’ means DIVISION E—DEFENSE OF UNITED STATES
the area depicted on the Map, including any all systems that enable connectivity and INFRASTRUCTURE
land or interest in land that is acquired by operability of internet service, backbone, SEC. 5001. SHORT TITLE.
the United States after the date of enact- cloud, web hosting, content delivery, domain This division may be cited as the ‘‘Defense
ment of this Act, is withdrawn from— name system, and software-defined networks of United States Infrastructure Act of 2021’’.
(A) all forms of entry, appropriation, and and other systems and services.
(b) CREATION OF A STRATEGY TO ENCOURAGE SEC. 5002. DEFINITIONS.
disposal under the public land laws;
(B) location, entry, and patent under the IMPLEMENTATION OF MEASURES TO SECURE In this division:
mining laws; and FOUNDATIONAL INTERNET PROTOCOLS.— (1) CRITICAL INFRASTRUCTURE.—The term
(C) operation of the mineral leasing and (1) PROTOCOL SECURITY STRATEGY.—In order ‘‘critical infrastructure’’ has the meaning
geothermal leasing laws and mineral mate- to encourage implementation of measures to given such term in section 1016(e) of the Crit-
rials laws. secure foundational internet protocols by in- ical Infrastructure Protection Act of 2001 (42
(3) AVAILABILITY OF MAP.—The Map shall formation and communications technology U.S.C. 5195c(e)).
be kept on file and made available for public infrastructure providers, not later than 180 (2) CYBERSECURITY RISK.—The term ‘‘cyber-
inspection in the appropriate offices of the days after the date of enactment of this Act, security risk’’ has the meaning given such
ctelli on DSK11ZRN23PROD with SENATE
Forest Service and the Bureau of Land Man- the Assistant Secretary for Communications term in section 2209 of the Homeland Secu-
agement. and Information of the Department of Com- rity Act of 2002 (6 U.S.C. 659).
(b) GAO STUDY ON DOMESTIC URANIUM merce, in coordination with the Director of (3) DEPARTMENT.—The term ‘‘Department’’
STOCKPILES.— the National Institute Standards and Tech- means the Department of Homeland Secu-
(1) IN GENERAL.—The Comptroller General nology and the Director of the Cybersecurity rity.
of the United States shall conduct a study of and Infrastructure Security Agency, shall es- (4) SECRETARY.—The term ‘‘Secretary’’
uranium stockpiles in the United States that tablish a working group composed of appro- means the Secretary of Homeland Security.
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S8092 CONGRESSIONAL RECORD — SENATE November 15, 2021
TITLE LI—INVESTING IN CYBER RESIL- ture resilience strategy designed to address ‘‘Sec. 2215. Duties and authorities relating
IENCY IN CRITICAL INFRASTRUCTURE the risks identified by the Secretary. to .gov internet domain.
SEC. 5101. NATIONAL RISK MANAGEMENT CYCLE ‘‘(B) ELEMENTS.—In the strategy delivered ‘‘Sec. 2216. Joint Cyber Planning Office.
AND CRITICAL INFRASTRUCTURE under subparagraph (A), the President ‘‘Sec. 2217. Cybersecurity State Coordinator.
RESILIENCE STRATEGY. shall— ‘‘Sec. 2218. Sector Risk Management Agen-
(a) AMENDMENTS.—Subtitle A of title XXII ‘‘(i) identify, assess, and prioritize areas of cies.
of the Homeland Security Act of 2002 (6 risk to critical infrastructure that would ‘‘Sec. 2219. Cybersecurity Advisory Com-
U.S.C. 651 et seq.) is amended— compromise, disrupt, or impede the ability mittee.
(1) in section 2202(c) (6 U.S.C. 652(c))— of the critical infrastructure to support the ‘‘Sec. 2220. Cybersecurity education and
(A) in paragraph (11), by striking ‘‘and’’ at national critical functions of national secu- training programs.
the end; rity, economic security, or public health and ‘‘Sec. 2220A. National risk management
(B) in the first paragraph designated as safety; cycle and critical infrastruc-
paragraph (12), relating to the Cybersecurity ‘‘(ii) identify and outline current and pro- ture resilience strategy.’’.
State Coordinator— posed national-level actions, programs, and (2) ADDITIONAL TECHNICAL AMENDMENT.—
(i) by striking ‘‘section 2215’’ and inserting efforts to be taken to address the risks iden- (A) A MENDMENT .—Section 904(b)(1) of the
‘‘section 2217’’; and tified; DOTGOV Act of 2020 (title IX of division U of
(ii) by striking ‘‘and’’ at the end; and ‘‘(iii) identify the Federal departments or Public Law 116–260) is amended, in the mat-
(C) by redesignating the second and third agencies responsible for leading each na- ter preceding subparagraph (A), by striking
paragraphs designated as paragraph (12) as tional-level action, program, or effort and ‘‘Homeland Security Act’’ and inserting
paragraphs (13) and (14), respectively; the relevant critical infrastructure sectors ‘‘Homeland Security Act of 2002’’.
(2) by redesignating section 2217 (6 U.S.C. for each; (B) EFFECTIVE DATE.—The amendment
665f) as section 2220; ‘‘(iv) outline the budget plan required to made by subparagraph (A) shall take effect
(3) by redesignating section 2216 (6 U.S.C. provide sufficient resources to successfully as if enacted as part of the DOTGOV Act of
665e) as section 2219; execute the full range of activities proposed 2020 (title IX of division U of Public Law 116–
(4) by redesignating the fourth section 2215 or described by the strategy; and 260).
(relating to Sector Risk Management Agen- ‘‘(v) request any additional authorities or
cies) (6 U.S.C. 665d) as section 2218; TITLE LII—IMPROVING THE ABILITY OF
resources necessary to successfully execute THE FEDERAL GOVERNMENT TO ASSIST
(5) by redesignating the third section 2215 the strategy.
(relating to the Cybersecurity State Coordi- IN ENHANCING CRITICAL INFRASTRUC-
‘‘(C) FORM.—The strategy delivered under TURE CYBER RESILIENCE
nator) (6 U.S.C. 665c) as section 2217; subparagraph (A) shall be unclassified, but
(6) by redesignating the second section 2215 SEC. 5201. INSTITUTE A 5-YEAR TERM FOR THE
may contain a classified annex. DIRECTOR OF THE CYBERSECURITY
(relating to the Joint Cyber Planning Office) ‘‘(3) ANNUAL REPORTS.— AND INFRASTRUCTURE SECURITY
(6 U.S.C. 665b) as section 2216; and ‘‘(A) IN GENERAL.—Not later than 1 year AGENCY.
(7) by adding at the end the following: after the date on which the President deliv-
‘‘SEC. 2220A. NATIONAL RISK MANAGEMENT
(a) IN GENERAL.—Subsection (b)(1) of sec-
ers the strategy under paragraph (2), and tion 2202 of the Homeland Security Act of
CYCLE AND CRITICAL INFRASTRUC-
TURE RESILIENCE STRATEGY.
every year thereafter, the Secretary, in co- 2002 (6 U.S.C. 652), is amended by inserting
ordination with the heads of Sector Risk ‘‘The term of office of an individual serving
‘‘(a) DEFINITION.—In this section, the term
‘cybersecurity risk’ has the meaning given Management Agencies, shall submit to the as Director shall be 5 years.’’ after ‘‘who
such term in section 2209. appropriate congressional committees a re- shall report to the Secretary.’’.
‘‘(b) CREATION OF A CRITICAL INFRASTRUC- port on the national risk management cycle (b) TRANSITION RULES.—The amendment
TURE RESILIENCE STRATEGY AND A NATIONAL activities undertaken pursuant to the strat- made by subsection (a) shall take effect on
RISK MANAGEMENT CYCLE.— egy, including— the first appointment of an individual to the
‘‘(1) INITIAL RISK IDENTIFICATION AND AS- ‘‘(i) all variables included in risk assess- position of Director of the Cybersecurity and
SESSMENT.— ments and the weights assigned to each such Infrastructure Security Agency, by and with
‘‘(A) IN GENERAL.—The Secretary, acting variable; the advice and consent of the Senate, that is
through the Director, shall establish a proc- ‘‘(ii) an explanation of how each such vari- made on or after the date of enactment of
ess by which to identify, assess, and able, as weighted, correlates to risk, and the this Act.
prioritize risks to critical infrastructure, basis for concluding there is such a correla- SEC. 5202. CYBER THREAT INFORMATION COL-
considering both cyber and physical threats, tion; and LABORATION ENVIRONMENT PRO-
vulnerabilities, and consequences. ‘‘(iii) any change in the methodologies GRAM.
‘‘(B) CONSULTATION.—In establishing the since the previous report under this para- (a) DEFINITIONS.—In this section:
process required under subparagraph (A), the graph, including changes in the variables (1) CRITICAL INFRASTRUCTURE INFORMA-
Secretary shall— considered, weighting of those variables, and TION.—The term ‘‘critical infrastructure in-
‘‘(i) coordinate with the heads of Sector computational methods. formation’’ has the meaning given such term
Risk Management Agencies and the National ‘‘(B) CLASSIFIED ANNEX.—The reports re- in section 2222 of the Homeland Security Act
Cyber Director; quired under subparagraph (A) shall be sub- of 2002 (6 U.S.C. 671).
‘‘(ii) consult with the Director of National mitted in unclassified form to the greatest (2) CYBER THREAT INDICATOR.—The term
Intelligence and the Attorney General; and extent possible, and may include a classified ‘‘cyber threat indicator’’ has the meaning
‘‘(iii) consult with the owners and opera- annex if necessary. given such term in section 102 of the Cyber-
tors of critical infrastructure. ‘‘(4) FIVE YEAR RISK MANAGEMENT CYCLE.— security Act of 2015 (6 U.S.C. 1501).
‘‘(C) PUBLICATION.—Not later than 180 days ‘‘(A) RISK IDENTIFICATION AND ASSESS- (3) CYBERSECURITY THREAT.—The term ‘‘cy-
after the date of enactment of this section, MENT.—Under procedures established by the bersecurity threat’’ has the meaning given
the Secretary shall publish in the Federal Secretary, the Secretary shall repeat the such term in section 102 of the Cybersecurity
Register procedures for the process estab- conducting and reporting of the risk identi- Act of 2015 (6 U.S.C. 1501).
lished under subparagraph (A). fication and assessment required under para- (4) ENVIRONMENT.—The term ‘‘environ-
‘‘(D) REPORT.—Not later than 1 year after graph (1), in accordance with the require- ment’’ means the information collaboration
the date of enactment of this section, the ments in paragraph (1), every 5 years. environment established under subsection
Secretary shall submit to the President, the ‘‘(B) STRATEGY.—Under procedures estab- (b).
Committee on Homeland Security and Gov- lished by the President, the President shall (5) INFORMATION SHARING AND ANALYSIS OR-
ernmental Affairs of the Senate, and the repeat the preparation and delivery of the GANIZATION.—The term ‘‘information sharing
Committee on Homeland Security of the critical infrastructure resilience strategy re- and analysis organization’’ has the meaning
House of Representatives a report on the quired under paragraph (2), in accordance given such term in section 2222 of the Home-
risks identified by the process established with the requirements in paragraph (2), land Security Act of 2002 (6 U.S.C. 671).
under subparagraph (A). every 5 years, which shall also include as- (6) NON-FEDERAL ENTITY.—The term ‘‘non-
‘‘(2) INITIAL NATIONAL CRITICAL INFRASTRUC- sessing the implementation of the previous Federal entity’’ has the meaning given such
TURE RESILIENCE STRATEGY.— national critical infrastructure resilience term in section 102 of the Cybersecurity Act
‘‘(A) IN GENERAL.—Not later than 1 year strategy.’’. of 2015 (6 U.S.C. 1501).
after the date on which the Secretary deliv- (b) TECHNICAL AND CONFORMING AMEND- (b) PROGRAM.—The Secretary, in coordina-
ers the report required under paragraph MENTS.— tion with the Secretary of Defense, the Di-
(1)(D), the President shall deliver to the ma- (1) TABLE OF CONTENTS.—The table of con- rector of National Intelligence, and the At-
ctelli on DSK11ZRN23PROD with SENATE
jority and minority leaders of the Senate, tents in section 1(b) of the Homeland Secu- torney General, shall carry out a program
the Speaker and minority leader of the rity Act of 2002 (Public Law 107–296; 116 Stat. under which the Secretary shall develop an
House of Representatives, the Committee on 2135) is amended by striking the item relat- information collaboration environment con-
Homeland Security and Governmental Af- ing to section 2214 and all that follows sisting of a digital environment containing
fairs of the Senate, and the Committee on through the item relating to section 2217 and technical tools for information analytics and
Homeland Security of the House of Rep- inserting the following: a portal through which relevant parties may
resentatives a national critical infrastruc- ‘‘Sec. 2214. National Asset Database. submit and automate information inputs and
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8093
access the environment in order to enable (v) ensure accessibility by entities the Sec- (3) DATA GOVERNANCE.—The Secretary, in
interoperable data flow that enable Federal retary, in consultation with the Secretary of coordination with the Secretary of Defense,
and non-Federal entities to identify, miti- Defense, the Director of National Intel- the Director of National Intelligence, and
gate, and prevent malicious cyber activity ligence, and the Attorney General, deter- the Attorney General, shall establish proce-
to— mines appropriate; dures and data governance structures, as
(1) provide limited access to appropriate (vi) allow for access by critical infrastruc- necessary, to protect sensitive data, comply
and operationally relevant data from unclas- ture stakeholders and other private sector with Federal regulations and statutes, and
sified and classified intelligence about cyber- partners, at the discretion of the Secretary, respect existing consent agreements with
security risks and cybersecurity threats, as in consultation with the Secretary of De- private sector critical infrastructure entities
well as malware forensics and data from net- fense; that apply to critical infrastructure informa-
work sensor programs, on a platform that (vii) deploy analytic tools across classifica- tion.
enables query and analysis; tion levels to leverage all relevant data sets, (4) RULE OF CONSTRUCTION.—Nothing in this
(2) enable cross-correlation of data on cy- as appropriate; subsection shall change existing ownership
bersecurity risks and cybersecurity threats (viii) identify tools and analytical software or protection of, or policies and processes for
at the speed and scale necessary for rapid de- that can be applied and shared to manipu- access to, agency data.
tection and identification; late, transform, and display data and other (e) NATIONAL SECURITY SYSTEMS.—Nothing
(3) facilitate a comprehensive under- identified needs; and in this section shall apply to national secu-
standing of cybersecurity risks and cyberse- (ix) anticipate the integration of new tech- rity systems, as defined in section 3552 of
curity threats; and nologies and data streams, including data title 44, United States Code, or to cybersecu-
(4) facilitate collaborative analysis be- from government-sponsored network sensors rity threat intelligence related to such sys-
tween the Federal Government and public or network-monitoring programs deployed in tems, without the consent of the relevant
and private sector critical infrastructure en- support of non-Federal entities. element of the intelligence community, as
tities and information and analysis organiza- (3) ANNUAL REPORT REQUIREMENT ON THE IM- defined in section 3 of the National Security
tions. PLEMENTATION, EXECUTION, AND EFFECTIVE- Act of 1947 (50 U.S.C. 3003).
(c) IMPLEMENTATION OF INFORMATION COL- NESS OF THE PROGRAM.—Not later than 1 year (f) PROTECTION OF INTELLIGENCE SOURCES
LABORATION ENVIRONMENT.— AND METHODS.—The Director of National In-
after the date of enactment of this Act, and
(1) EVALUATION.—Not later than 180 days telligence shall ensure that any information
every year thereafter until the date that is 1
after the date of enactment of this Act, the sharing conducted under this section shall
year after the program under this section
Secretary, acting through the Director of protect intelligence sources and methods
terminates under subsection (g), the Sec-
the Cybersecurity and Infrastructure Secu- from unauthorized disclosure in accordance
retary shall submit to the Committee on
rity Agency, and in coordination with the with section 102A(i) of the National Security
Homeland Security and Governmental Af-
Secretary of Defense, the Director of Na- Act (50 U.S.C. 3024(i)).
fairs, the Committee on the Judiciary, the
tional Intelligence, and the Attorney Gen- (g) DURATION.—The program under this
eral, shall— Committee on Armed Services, and the Se-
lect Committee on Intelligence of the Senate section shall terminate on the date that is 5
(A) identify, inventory, and evaluate exist- years after the date of enactment of this
ing Federal sources of classified and unclas- and the Committee on Homeland Security,
the Committee on the Judiciary, the Com- Act.
sified information on cybersecurity threats;
mittee on Armed Services, and the Perma- TITLE LIII—IMPROVING SECURITY IN THE
(B) evaluate current programs, applica-
tions, or platforms intended to detect, iden- nent Select Committee on Intelligence of the NATIONAL CYBER ECOSYSTEM
tify, analyze, and monitor cybersecurity House of Representatives a report that de- SEC. 5301. REPORT ON CYBERSECURITY CERTIFI-
risks and cybersecurity threats; tails— CATIONS AND LABELING.
(C) consult with public and private sector (A) Federal Government participation in Not later than October 1, 2022, the National
critical infrastructure entities to identify the environment, including the Federal enti- Cyber Director, in consultation with the Di-
public and private critical infrastructure ties participating in the environment and rector of the National Institute of Standards
cyber threat capabilities, needs, and gaps; the volume of information shared by Federal and Technology and the Director of the Cy-
and entities into the environment; bersecurity and Infrastructure Security
(D) identify existing tools, capabilities, (B) non-Federal entities’ participation in Agency, shall submit to the Committee on
and systems that may be adapted to achieve the environment, including the non-Federal Homeland Security and Governmental Af-
the purposes of the environment in order to entities participating in the environment fairs and the Committee on Commerce,
maximize return on investment and mini- and the volume of information shared by Science, and Transportation of the Senate
mize cost. non-Federal entities into the environment; and the Committee on Homeland Security
(2) IMPLEMENTATION.— (C) the impact of the environment on posi- and the Committee on Science, Space, and
(A) IN GENERAL.—Not later than 1 year tive security outcomes for the Federal Gov- Technology of the House of Representatives
after completing the evaluation required ernment and non-Federal entities; a report that—
under paragraph (1)(B), the Secretary, acting (D) barriers identified to fully realizing the (1) identifies and assesses existing efforts
through the Director of the Cybersecurity benefit of the environment both for the Fed- by the Federal Government to create, admin-
and Infrastructure Security Agency, and in eral Government and non-Federal entities; ister, or otherwise support the use of certifi-
coordination with the Secretary of Defense, (E) additional authorities or resources nec- cations or labels to communicate the secu-
the Director of National Intelligence, and essary to successfully execute the environ- rity or security characteristics of informa-
the Attorney General, shall begin implemen- ment; and tion technology or operational technology
tation of the environment to enable partici- (F) identified shortcomings or risks to data products and services; and
pants in the environment to develop and run security and privacy, and the steps necessary (2) assesses the viability of and need for a
analytic tools referred to in subsection (b) on to improve the mitigation of the short- new program at the Department, or at other
specified data sets for the purpose of identi- comings or risks. Federal agencies as appropriate, to better
fying, mitigating, and preventing malicious (d) CYBER THREAT DATA INTEROPER- address information technology and oper-
cyber activity that is a threat to public and ABILITY.— ational technology product and service secu-
private critical infrastructure. (1) ESTABLISHMENT.—The Secretary, in co- rity certification and labeling efforts across
(B) REQUIREMENTS.—The environment and ordination with the Secretary of Defense, the Federal Government and between the
the use of analytic tools referred to in sub- the Director of National Intelligence, and Federal Government and the private sector.
section (b) shall— the Attorney General, shall identify or es- TITLE LIV—ENABLING THE NATIONAL
(i) operate in a manner consistent with rel- tablish data interoperability requirements CYBER DIRECTOR
evant privacy, civil rights, and civil liberties for non-Federal entities to participate in the SEC. 5401. ESTABLISHMENT OF HIRING AUTHORI-
policies and protections, including such poli- environment. TIES FOR THE OFFICE OF THE NA-
cies and protections established pursuant to (2) DATA STREAMS.—The Secretary shall TIONAL CYBER DIRECTOR.
section 1016 of the Intelligence Reform and identify, designate, and periodically update (a) DEFINITIONS.—In this section:
Terrorism Prevention Act of 2004 (6 U.S.C. programs that shall participate in or be (1) DIRECTOR.—The term ‘‘Director’’ means
485); interoperable with the environment, which the National Cyber Director.
(ii) account for appropriate data interoper- may include— (2) EXCEPTED SERVICE.—The term ‘‘ex-
ability requirements; (A) network-monitoring and intrusion de- cepted service’’ has the meaning given such
(iii) enable integration of current applica- tection programs; term in section 2103 of title 5, United States
tions, platforms, data, and information, in- (B) cyber threat indicator sharing pro- Code.
ctelli on DSK11ZRN23PROD with SENATE
cluding classified information, in a manner grams; (3) OFFICE.—The term ‘‘Office’’ means the
that supports integration of unclassified and (C) certain government-sponsored network Office of the National Cyber Director.
classified information on cybersecurity risks sensors or network-monitoring programs; (4) QUALIFIED POSITION.—The term ‘‘quali-
and cybersecurity threats; (D) incident response and cybersecurity fied position’’ means a position identified by
(iv) incorporate tools to manage access to technical assistance programs; or the Director under subsection (b)(1)(A), in
classified and unclassified data, as appro- (E) malware forensics and reverse-engi- which the individual occupying such position
priate; neering programs. performs, manages, or supervises functions
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S8094 CONGRESSIONAL RECORD — SENATE November 15, 2021
that execute the responsibilities of the Of- (3) COVERED SERVICES.—The term ‘‘covered of the Office of Personnel Management, shall
fice. services’’ means services performed by a cov- submit to the relevant committees a plan
(b) HIRING PLAN.—The Director shall, for ered employee— that addresses the needs of the Department
purposes of carrying out the functions of the (A) serving as a wildland firefighter or a of Agriculture, the Department of the Inte-
Office— fire management response official, including rior, or the National Weather Service, as ap-
(1) craft an implementation plan for posi- a regional fire director, a deputy regional plicable, to hire and train additional
tions in the excepted service in the Office, fire director, an agency official who directly wildland firefighters and incident meteorolo-
which shall propose— oversees fire operations, and a fire manage- gists and modernize compensation for
(A) qualified positions in the Office, as the ment officer; wildland firefighters and incident meteorolo-
Director determines necessary to carry out (B) serving as an incident meteorologist gists such that sufficient firefighting re-
the responsibilities of the Office; and accompanying a wildland firefighter crew; or sources are available throughout each year
(B) subject to the requirements of para- (C) serving on an incident management without the need for waivers of premium pay
graph (2), rates of compensation for an indi- team, at the National Interagency Fire Cen- limitations.
vidual serving in a qualified position; ter, at a Geographic Area Coordinating Cen-
(2) propose rates of basic pay for qualified ter, or at an operations center. SA 4563. Mrs. FEINSTEIN (for herself
positions, which shall— (4) PREMIUM PAY.—The term ‘‘premium and Mr. GRASSLEY) submitted an
(A) be determined in relation to the rates pay’’ means the premium pay paid under the
provisions of law described in section 5547(a)
amendment intended to be proposed to
of pay provided for employees in comparable amendment SA 3867 submitted by Mr.
positions in the Office, in which the em- of title 5, United States Code.
(5) RELEVANT COMMITTEES.—The term ‘‘rel- REED and intended to be proposed to
ployee occupying the comparable position
performs, manages, or supervises functions evant committees’’ means— the bill H.R. 4350, to authorize appro-
that execute the mission of the Office; and (A) the Committee on Homeland Security priations for fiscal year 2022 for mili-
(B) subject to the same limitations on and Governmental Affairs of the Senate; tary activities of the Department of
maximum rates of pay and consistent with (B) the Committee on Oversight and Re- Defense, for military construction, and
form of the House of Representatives;
section 5341 of title 5, United States Code,
(C) the Committee on Appropriations of
for defense activities of the Depart-
adopt such provisions of that title to provide ment of Energy, to prescribe military
the Senate; and
for prevailing rate systems of basic pay and personnel strengths for such fiscal
(D) the Committee on Appropriations of
apply those provisions to qualified positions
the House of Representatives. year, and for other purposes; which was
for employees in or under which the Office
may employ individuals described by section
(6) SECRETARY CONCERNED.—The term ‘‘Sec- ordered to lie on the table; as follows:
retary concerned’’ means— At the appropriate place, insert the fol-
5342(a)(2)(A) of such title; and
(A) the Secretary of Agriculture, with re- lowing:
(3) craft proposals to provide—
spect to an employee of the Department of
(A) employees in qualified positions com- SEC. ll. DECLARATION OF EMERGING THREAT.
Agriculture;
pensation (in addition to basic pay), includ- (a) IN GENERAL.—Congress declares meth-
(B) the Secretary of the Interior, with re-
ing benefits, incentives, and allowances, con- spect to an employee of the Department of amphetamine an emerging drug threat, as
sistent with, and not in excess of the level the Interior; and defined in section 702 of the Office of Na-
authorized for, comparable positions author- (C) the Secretary of Commerce, with re- tional Drug Control Policy Reauthorization
ized by title 5, United States Code; and spect to an employee of the National Weath- Act of 1998 (21 U.S.C. 1701), in the United
(B) employees in a qualified position for er Service. States.
which the Director proposes a rate of basic (b) WAIVERS OF PREMIUM PAY LIMITATION.— (b) REQUIRED EMERGING THREAT RESPONSE
pay under paragraph (2) an allowance under (1) WAIVER OF PREMIUM PAY PERIOD LIMITA- PLAN.—Not later than 90 days after the date
section 5941 of title 5, United States Code, on TION.—Any premium pay for covered services of enactment of this Act, the Director of the
the same basis and to the same extent as if shall be disregarded in calculating the aggre- Office of National Drug Control Policy shall
the employee was an employee covered by gate of the basic pay and premium pay for establish and implement an Emerging
such section, including eligibility condi- the applicable covered employee for purposes Threat Response Plan that is specific to
tions, allowance rates, and all other terms of a limitation under section 5547 of title 5, methamphetamine in accordance with sec-
and conditions in law or regulation. United States Code, or under any other pro- tion 709(d) of the Office of National Drug
vision of law. Control Policy Reauthorization Act of 1998
SA 4562. Mrs. FEINSTEIN (for her- (2) CALCULATION OF AGGREGATE PAY.—Any (21 U.S.C. 1708(d)).
self, Mr. PADILLA, Mr. DAINES, and Ms. pay that is disregarded under paragraph (1)
ROSEN) submitted an amendment in- shall be disregarded in calculating the aggre- SA 4564. Mr. BENNET submitted an
tended to be proposed to amendment gate pay of the applicable covered employee amendment intended to be proposed to
for purposes of applying the limitation under amendment SA 3867 submitted by Mr.
SA 3867 submitted by Mr. REED and in-
section 5307 of title 5, United States Code, REED and intended to be proposed to
tended to be proposed to the bill H.R. during calendar year 2022.
4350, to authorize appropriations for the bill H.R. 4350, to authorize appro-
(3) PAY LIMITATION.—A covered employee
fiscal year 2022 for military activities may not be paid premium pay under this
priations for fiscal year 2022 for mili-
of the Department of Defense, for mili- subsection if, or to the extent that, the ag- tary activities of the Department of
tary construction, and for defense ac- gregate amount of the basic pay and pre- Defense, for military construction, and
tivities of the Department of Energy, mium pay (including premium pay for cov- for defense activities of the Depart-
to prescribe military personnel ered services) of the covered employee for a ment of Energy, to prescribe military
calendar year would exceed the rate of basic personnel strengths for such fiscal
strengths for such fiscal year, and for
pay payable for a position at level II of the year, and for other purposes; which was
other purposes; which was ordered to Executive Schedule under section 5313 of
lie on the table; as follows: ordered to lie on the table; as follows:
title 5, United States Code, as in effect at the
At the end of subtitle G of title X, add the end of that calendar year. At the appropriate place, insert the fol-
following: (4) TREATMENT OF ADDITIONAL PREMIUM lowing:
PAY.—If the application of this subsection re- SEC. 1216. REPORTS AND BRIEFINGS REGARDING
SEC. 10ll. WAIVER OF PREMIUM PAY LIMITA- OVERSIGHT OF AFGHANISTAN.
TIONS FOR DEPARTMENT OF AGRI- sults in the payment of additional premium
CULTURE, DEPARTMENT OF THE IN- pay to a covered employee of a type that is (a) REPORTS.—Not later than 180 days after
TERIOR, AND NATIONAL WEATHER normally creditable as basic pay for retire- the date of the enactment of this Act, and
SERVICE EMPLOYEES ENGAGED IN ment or any other purpose, that additional annually thereafter until December 31, 2026,
EMERGENCY WILDLAND FIRE SUP- premium pay shall not be— the Secretary of Defense, in coordination
PRESSION ACTIVITIES. with the Director of National Intelligence,
(A) considered to be basic pay of the cov-
(a) DEFINITIONS.—In this section: ered employee for any purpose; or shall submit to the appropriate congres-
(1) BASIC PAY.—The term ‘‘basic pay’’ in- (B) used in computing a lump-sum pay- sional committees a report on Afghanistan.
cludes any applicable locality-based com- ment to the covered employee for accumu- The report shall address, with respect to Af-
parability payment under section 5304 of lated and accrued annual leave under section ghanistan, the following matters:
title 5, United States Code, any applicable 5551 or 5552 of title 5, United States Code. (1) An assessment of the terrorist threat to
special rate supplement under section 5305 of (5) EFFECTIVE PERIOD.—This subsection the United States posed by terrorist organi-
ctelli on DSK11ZRN23PROD with SENATE
that title, and any equivalent payment shall be in effect during calendar year 2022 zations in Afghanistan.
under a similar provision of law. and apply to premium pay payable during (2) A description of the intelligence collec-
(2) COVERED EMPLOYEE.—The term ‘‘cov- that year. tion posture on terrorist organizations in Af-
ered employee’’ means an employee of the (c) SUBMISSION OF PLAN.—Not later than ghanistan, including al-Qaeda and ISIS-K.
Department of Agriculture, the Department March 30, 2022, each Secretary concerned, in (3) A description of the intelligence collec-
of the Interior, or the National Weather consultation with the Director of the Office tion posture on the Taliban defense and secu-
Service. of Management and Budget and the Director rity forces.
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8095
(4) An assessment of the status of any mili- cated in the vicinity of an installation of the thorize appropriations for fiscal year
tary cooperation between the Taliban and Air Force, or a State in which the local 2022 for military activities of the De-
China, Russia, or Iran. water authority is located, for the treatment partment of Defense, for military con-
(5) An assessment of changes in the ability of perfluorooctane sulfonic acid and
struction, and for defense activities of
of al-Qaeda and ISIS-K to conduct operations perfluorooctanoic acid in drinking water
outside of Afghanistan against the United from the wells owned and operated by the the Department of Energy, to prescribe
States and United States allies. local water authority to attain the lifetime military personnel strengths for such
(6) A current assessment of counterter- health advisory level for such acids estab- fiscal year, and for other purposes;
rorism capabilities of the United States to lished by the Environmental Protection which was ordered to lie on the table;
remove the terrorist threat in Afghanistan. Agency and in effect on October 1, 2017. as follows:
(7) An assessment of counterterrorism ca- (b) ELIGIBILITY FOR PAYMENT.—To be eligi- At the appropriate place in title V, insert
pabilities of United States allies and part- ble to receive payment under subsection the following:
ners in Afghanistan and their willingness to (a)—
SEC. ll. CONTINUED NATIONAL GUARD SUP-
participate in counterterrorism operations. (1) a local water authority or State, as the PORT FOR FIREGUARD PROGRAM.
(8) The location of such counterterrorism case may be, must— The Secretary of Defense shall continue to
capabilities, to include the current locations (A) request such a payment from the Sec- support the FireGuard program with Na-
of the forces and any plans to adjust such lo- retary of the Air Force for reimbursable ex- tional Guard personnel to aggregate, ana-
cations. penses not already covered under a coopera- lyze, and assess multi-source remote sensing
(9) Any plans to expand or adjust such tive agreement entered into by the Secretary information for interagency partnerships in
counterterrorism capabilities in the future relating to treatment of perfluorooctane sul- the initial detection and monitoring of
to account for evolving terrorist threats in fonic acid and perfluorooctanoic acid con- wildfires until September 30, 2026. After such
Afghanistan. tamination before the date on which funding date, the Secretary may not reduce such sup-
(10) An assessment of the quantity and is made available to the Secretary for pay- port, or transfer responsibility for such sup-
types of United States military equipment ments relating to such treatment; and port to an interagency partner, until 30 days
remaining in Afghanistan, including an indi- (B) upon acceptance of such a payment, after the date on which the Secretary sub-
cation of whether the Secretary plans to waive all legal causes of action arising under mits to the Committees on Armed Services
leave, recover, or destroy such equipment. chapter 171 of title 28, United States Code of the Senate and House of Representatives
(11) Contingency plans for the retrieval or (commonly known as the ‘‘Federal Tort written notice of such proposed change, and
hostage rescue of United States citizens lo- Claims Act’’), and any other Federal tort li- reasons for such change.
cated in Afghanistan. ability statute for expenses for treatment
(12) Contingency plans related to the con- and mitigation of perfluorooctane sulfonic SA 4567. Mr. BENNET submitted an
tinued evacuation of Afghans who hold spe- acid and perfluorooctanoic acid incurred be-
amendment intended to be proposed to
cial immigrant visa status under section 602 fore January 1, 2018, and otherwise covered
of the Afghan Allies Protection Act of 2009 under this section; amendment SA 3867 submitted by Mr.
(title VI of division F of Public Law 110–8; 8 (2) the elevated levels of perfluorooctane REED and intended to be proposed to
U.S.C. 1101 note) or who have filed a petition sulfonic acid and perfluorooctanoic acid in the bill H.R. 4350, to authorize appro-
for such status, following the withdraw of the water must be the result of activities priations for fiscal year 2022 for mili-
the United States Armed Forces from Af- conducted by or paid for by the Department tary activities of the Department of
ghanistan. of the Air Force; and Defense, for military construction, and
(13) Any other matters the Secretary de- (3) treatment or mitigation of such acids for defense activities of the Depart-
termines appropriate. must have taken place during the period be-
ment of Energy, to prescribe military
(b) BRIEFINGS.—Not later than 180 days ginning on January 1, 2016, and ending on the
after the date of the enactment of this Act, day before the date of the enactment of this personnel strengths for such fiscal
and on a biannual basis thereafter until De- Act. year, and for other purposes; which was
cember 31, 2026, the Secretary of Defense (c) AGREEMENTS.— ordered to lie on the table; as follows:
shall provide to the appropriate congres- (1) IN GENERAL.—The Secretary of the Air At the end of subtitle E of title XII, add
sional committees a briefing on the matters Force may enter into such agreements with the following:
specified in subsection (a). a local water authority or State as the Sec- SEC. 1253. REVIEW OF PORT AND PORT-RELATED
(c) FORM.—The reports and briefings under retary considers necessary to implement this INFRASTRUCTURE PURCHASES AND
this section may be submitted in either un- section. INVESTMENTS MADE BY THE GOV-
classified or classified form, as determined (2) USE OF MEMORANDUM OF AGREEMENT.— ERNMENT OF THE PEOPLE’S REPUB-
appropriate by the Secretary. The Secretary of the Air Force may use the LIC OF CHINA AND ENTITIES DI-
(d) APPROPRIATE CONGRESSIONAL COMMIT- RECTED OR BACKED BY THE GOV-
applicable Defense State Memorandum of
ERNMENT OF THE PEOPLE’S REPUB-
TEES DEFINED.—In this section, the term Agreement to pay amounts under subsection LIC OF CHINA.
‘‘appropriate congressional committees’’ (a) that would otherwise be eligible for pay- (a) IN GENERAL.—The Secretary of State,
means— ment under that agreement were those costs in coordination with the Director of Na-
(1) the Committee on Armed Services and paid using amounts appropriated to the En- tional Intelligence, the Secretary of Defense,
the Select Committee on Intelligence of the vironmental Restoration Account, Air Force, and the head of any other agency the Sec-
Senate; and established under section 2703(a)(4) of title retary of State considers necessary, shall
(2) the Committee on Armed Services and 10, United States Code. conduct a review of port and port-related in-
the Permanent Select Committee on Intel- (3) PAYMENT WITHOUT REGARD TO EXISTING frastructure purchases and investments crit-
ligence of the House of Representatives. AGREEMENTS.—Payment may be made under
ical to the interests and national security of
subsection (a) to a State or a local water au-
the United States made by—
SA 4565. Mr. BENNET (for himself thority in that State without regard to ex-
(1) the Government of the People’s Repub-
and Mr. HICKENLOOPER) submitted an isting agreements relating to environmental
lic of China;
amendment intended to be proposed to response actions or indemnification between
(2) entities directed or backed by the Gov-
amendment SA 3867 submitted by Mr. the Department of the Air Force and that
ernment of the People’s Republic of China;
REED and intended to be proposed to State.
and
(d) LIMITATION.—Any payment made under
the bill H.R. 4350, to authorize appro- (3) entities with beneficial owners that in-
subsection (a) may not exceed the actual
priations for fiscal year 2022 for mili- clude the Government of the People’s Repub-
cost of treatment of perfluorooctane sulfonic
tary activities of the Department of lic of China or a private company controlled
acid and perfluorooctanoic acid resulting
by the Government of the People’s Republic
Defense, for military construction, and from the activities conducted by or paid for
of China.
for defense activities of the Depart- by the Department of the Air Force.
(b) ELEMENTS.—The review required by
ment of Energy, to prescribe military (e) AVAILABILITY OF AMOUNTS.—Of the
subsection (a) shall include the following:
amounts authorized to be appropriated to
personnel strengths for such fiscal (1) A list of port and port-related infra-
the Department of Defense for Operation and
year, and for other purposes; which was Maintenance, Air Force, not more than
structure purchases and investments de-
ordered to lie on the table; as follows: scribed in that subsection, prioritized in
$10,000,000 shall be available to carry out this
At the end of subtitle D of title III, add the order of the purchases or investments that
section.
following: pose the greatest threat to United States
ctelli on DSK11ZRN23PROD with SENATE
SEC. 356. PAYMENTS TO STATES FOR THE TREAT- SA 4566. Mr. BENNET (for himself, economic, defense, and foreign policy inter-
MENT OF PERFLUOROOCTANE SUL- ests.
Mrs. FEINSTEIN, and Mr. CRAPO) sub-
FONIC ACID AND (2) An analysis of the effects the consolida-
PERFLUOROOCTANOIC ACID IN
mitted an amendment intended to be tion of such investments, or the assertion of
DRINKING WATER. proposed to amendment SA 3867 sub- control by the Government of the People’s
(a) IN GENERAL.—The Secretary of the Air mitted by Mr. REED and intended to be Republic of China over entities described in
Force shall pay a local water authority lo- proposed to the bill H.R. 4350, to au- paragraph (2) or (3) of that subsection, would
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S8096 CONGRESSIONAL RECORD — SENATE November 15, 2021
have on Department of State, Office of the viously declared surplus to the Department warehouses, or utility infrastructure, that is
Director of National Intelligence, and De- of the Army upon the completion of the considered by the Secretary of the Army as
partment of Defense contingency plans. chemical demilitarization mission of the suitable for reuse by the public.
(3) A description of past and planned ef- Chemical Agent-Destruction Pilot Plant at (3) EXCEPTION.—The prohibition under
forts by the Secretary of State, the Director Pueblo Chemical Depot; and paragraph (1) shall not apply to any building,
of National Intelligence, and the Secretary (B) a plan for the disposal of all remaining facility, or equipment otherwise described in
of Defense to address such purchases, invest- land, buildings, facilities, and equipment at paragraph (2) for which the Local Redevelop-
ments, and consolidation of investments or Pueblo Chemical Depot not previously de- ment Authority provides to the Secretary of
assertion of control. clared surplus to the Department of the the Army a written determination specifying
(c) COORDINATION WITH OTHER FEDERAL Army. that the building, facility, or equipment is
AGENCIES.—In conducting the review re- (2) LOCAL REDEVELOPMENT AUTHORITY not needed for community adjustment and
quired by subsection (a), the Secretary of ROLE.—In preparing the disposal plan re- economic diversification following the clo-
State may coordinate with the head of any quired by paragraph (1)(B), the Secretary of sure of the Chemical Agent-Destruction
other Federal agency, as the Secretary of the Army shall take into account the future Pilot Plant.
State considers appropriate. role of the Local Redevelopment Authority. (4) DURATION.—The prohibition under para-
(d) REPORT.— (b) LOCAL REDEVELOPMENT AUTHORITY ELI- graph (1) shall apply until Hazardous Waste
(1) IN GENERAL.—Not later than one year GIBILITY FOR ASSISTANCE.—The Secretary of Permit Number CO–20–09–02–01 is modified or
after the date of the enactment of this Act, Defense, acting through the Office of Local replaced with a new permit under the Solid
the Secretary of State shall submit to the Defense Community Cooperation, may make Waste Disposal Act (42 U.S.C. 6901 et seq.)
appropriate committees of Congress a report grants, conclude cooperative agreements, (commonly known as the ‘‘Resource Con-
on the results of the review under subsection and supplement other Federal funds to assist servation and Recovery Act of 1976’’) issued
(a). the Local Redevelopment Authority in plan- by the State of Colorado, after the public no-
(2) FORM.—The report required by para- ning community adjustments and economic tice and comment process has been con-
graph (1) shall be submitted in unclassified diversification required by the closure of cluded.
form, but may contain a classified annex. Pueblo Chemical Depot and the Chemical (e) LOCAL REDEVELOPMENT AUTHORITY DE-
(e) DEFINITIONS.—In this section: Agent-Destruction Pilot Plant if the Sec- FINED.—In this section, the term ‘‘Local Re-
(1) APPROPRIATE COMMITTEES OF CON- retary determines that the closure is likely
GRESS.—The term ‘‘appropriate committees
development Authority’’ means the Local
to have a direct and significantly adverse Redevelopment Authority for Pueblo Chem-
of Congress’’ means— consequence on nearby communities.
(A) the Committee on Armed Services, the ical Depot, as recognized by the Office of
(c) GENERAL CLOSURE, REALIGNMENT, AND
Committee on Foreign Relations, and the Se- Local Defense Community Cooperation of
DISPOSAL PROHIBITION.—
lect Committee on Intelligence of the Sen- the Department of Defense.
(1) PROHIBITION; CERTAIN RECIPIENT EX-
ate; and CEPTED.—During the period specified in para-
SA 4569. Mr. OSSOFF submitted an
(B) the Committee on Armed Services, the graph (2), the Secretary of the Army shall
Committee on Foreign Affairs, and the Per- take no action—
amendment intended to be proposed to
manent Select Committee on Intelligence of (A) to close or realign the portion of Pueb- amendment SA 3867 submitted by Mr.
the House of Representatives. lo Chemical Depot not previously declared REED and intended to be proposed to
(2) PORT.—The term ‘‘port’’ means— surplus to the Department of the Army, the bill H.R. 4350, to authorize appro-
(A) any port— which contains the Chemical Agent-Destruc- priations for fiscal year 2022 for mili-
(i) on the navigable waters of the United tion Pilot Plant; or tary activities of the Department of
States; or (B) to dispose of any land, building, facil- Defense, for military construction, and
(ii) that is considered by the Secretary of ity, or equipment that is surplus to the De- for defense activities of the Depart-
State to be critical to United States inter- partment of the Army and that comprises
ests; and any portion of the Chemical Agent-Destruc-
ment of Energy, to prescribe military
(B) any harbor, marine terminal, or other tion Pilot Plant other than to the Local Re- personnel strengths for such fiscal
shoreside facility used principally for the development Authority. year, and for other purposes; which was
movement of goods on inland waters that the (2) DURATION.—The prohibition under para- ordered to lie on the table; as follows:
Secretary of State considers critical to graph (1) shall apply until a final closure and At the end of subtitle G of title X, add the
United States interests. disposal decision is made the Secretary of following:
(3) PORT-RELATED INFRASTRUCTURE.—The the Army for the portion of the Pueblo SEC. 1064. OUTREACH TO HISTORICALLY BLACK
term ‘‘port-related infrastructure’’ in- Chemical Depot not previously declared sur- COLLEGES AND UNIVERSITIES AND
cludes— plus to the Department of the Army, fol- MINORITY SERVING INSTITUTIONS
(A) crane equipment; lowing submission of the closure and dis- REGARDING DEFENSE INNOVATION
(B) logistics, information, and communica- UNIT PROGRAMS THAT PROMOTE
posal plans required by subsection (a).
ENTREPRENEURSHIP AND INNOVA-
tions systems; and (d) PROHIBITION ON DEMOLITION OR DIS-
TION AT INSTITUTIONS OF HIGHER
(C) any other infrastructure the Secretary POSAL RELATED TO CHEMICAL AGENT-DE- EDUCATION.
of State considers appropriate. STRUCTION PILOT PLANT.—
(a) PILOT PROGRAM.—The Under Secretary
(1) PROHIBITION; CERTAIN RECIPIENT EX- of Defense for Research and Engineering may
SA 4568. Mr. BENNET (for himself CEPTED.—During the period specified in para-
establish activities, including outreach and
and Mr. HICKENLOOPER) submitted an graph (4), the Secretary of the Army may technical assistance, to better connect his-
amendment intended to be proposed to not— torically Black colleges and universities and
amendment SA 3867 submitted by Mr. (A) demolish any building, facility, or minority serving institutions to the pro-
REED and intended to be proposed to equipment described in paragraph (2) that grams of the Defense Innovation Unit and its
the bill H.R. 4350, to authorize appro- comprises any portion of the Chemical associated programs.
Agent-Destruction Pilot Plant; or (b) BRIEFING.—Not later than one year
priations for fiscal year 2022 for mili- (B) dispose of any such building, facility,
tary activities of the Department of after the date of the enactment of this Act,
or equipment that is surplus to the Depart- the Secretary of Defense shall brief the con-
Defense, for military construction, and ment of the Army other than to the Local gressional defense committees on the results
for defense activities of the Depart- Redevelopment Authority. of any activities conducted under subsection
ment of Energy, to prescribe military (2) COVERED BUILDINGS, FACILITIES, AND (a), including the results of outreach efforts,
personnel strengths for such fiscal EQUIPMENT.—The prohibition under para- the success of expanding Defense Innovation
year, and for other purposes; which was graph (1) shall apply to the following: Unit programs to historically Black colleges
ordered to lie on the table; as follows: (A) Any building, facility, or equipment and universities and minority serving insti-
At the end of title XXVII, add the fol- that is surplus to the Department of the tutions, the barriers to expansion, and rec-
lowing: Army and that is located outside of a Haz- ommendations for how the Department of
SEC. 2703. CONDITIONS ON CLOSURE OF PUEBLO ardous Waste Management Unit, where Defense and the Federal Government can
CHEMICAL DEPOT AND CHEMICAL chemical munitions were present, but where support such institutions to successfully par-
AGENT-DESTRUCTION PILOT PLANT, contamination did not occur, that is consid- ticipate in Defense Innovation Unit pro-
COLORADO. ered by the Secretary of the Army as clean, grams.
(a) SUBMISSION OF FINAL CLOSURE AND DIS- safe, and acceptable for reuse by the public
POSAL PLANS.— after a risk assessment by the Secretary. SA 4570. Ms. SMITH (for herself, Mr.
ctelli on DSK11ZRN23PROD with SENATE
(1) PLANS REQUIRED.—Not later than 180 (B) Any building, facility, or equipment CASSIDY, and Ms. WARREN) submitted
days after the date of the enactment of this that is surplus to the Department of the
an amendment intended to be proposed
Act, the Secretary of the Army shall submit Army and that is located outside of a Haz-
to the Committees on Armed Services of the ardous Waste Management Unit, that was to amendment SA 3867 submitted by
Senate and the House of Representatives— not contaminated by chemical munitions Mr. REED and intended to be proposed
(A) a plan for the closure of the portion of and that was without the potential to be to the bill H.R. 4350, to authorize ap-
Pueblo Chemical Depot, Colorado, not pre- contaminated, such as office buildings, parts propriations for fiscal year 2022 for
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8097
military activities of the Department CARDIN, and Mr. YOUNG) and intended ing Act is amended by inserting after the
of Defense, for military construction, to be proposed to the bill H.R. 4350, to item relating to section 605B the following:
and for defense activities of the De- authorize appropriations for fiscal year ‘‘605C. Adverse information in cases of traf-
partment of Energy, to prescribe mili- 2022 for military activities of the De- ficking.’’.
(c) EFFECTIVE DATE.—The amendments
tary personnel strengths for such fiscal partment of Defense, for military con-
made by this section shall apply on the date
year, and for other purposes; which was struction, and for defense activities of that is 30 days after the date on which the
ordered to lie on the table; as follows: the Department of Energy, to prescribe Director of the Bureau of Consumer Finan-
At the end of subtitle G of title X, add the military personnel strengths for such cial Protection issues a rule pursuant to sec-
following: fiscal year, and for other purposes; tion 605C(c) of the Fair Credit Reporting Act,
SEC. 1064. STUDY AND REPORT ON THE REDIS- which was ordered to lie on the table; as added by subsection (a) of this section.
TRIBUTION OF COVID–19 VACCINE as follows: Any rule issued by the Director to imple-
DOSES THAT WOULD OTHERWISE ment such section 605C shall be limited to
EXPIRE TO FOREIGN COUNTRIES On page 5, strike line 4 and insert the fol-
preventing a consumer reporting agency
AND ECONOMIES. lowing:
from furnishing a consumer report con-
(a) STUDY.—The Secretary of Health and (5) to support the Government of Israel in
taining any adverse item of information
Human Services, in consultation with the its ongoing efforts to reach a negotiated so-
about a consumer that resulted from traf-
Secretary of State and the Administrator of lution to the
ficking.
the United States Agency for International
Development, shall conduct a study to iden- SA 4572. Mr. CORNYN (for himself, SA 4573. Mr. YOUNG (for himself and
tify and analyze the logistical requirements Ms. CORTEZ MASTO, and Mr. LUJÁN) Mr. BRAUN) submitted an amendment
necessary for the heads of the relevant agen- submitted an amendment intended to intended to be proposed to amendment
cies— be proposed to amendment SA 3867 sub-
(1) to track the location of doses of the SA 3867 submitted by Mr. REED and in-
mitted by Mr. REED and intended to be tended to be proposed to the bill H.R.
COVID–19 vaccine in the United States that proposed to the bill H.R. 4350, to au-
have been distributed by the Government of 4350, to authorize appropriations for
the United States to—
thorize appropriations for fiscal year fiscal year 2022 for military activities
(A) a State; 2022 for military activities of the De- of the Department of Defense, for mili-
(B) a health care provider; partment of Defense, for military con- tary construction, and for defense ac-
(C) a pharmacy; struction, and for defense activities of tivities of the Department of Energy,
(D) a clinic; or the Department of Energy, to prescribe to prescribe military personnel
(E) any other health care facility; military personnel strengths for such
(2) to maintain a database of the locations strengths for such fiscal year, and for
fiscal year, and for other purposes; other purposes; which was ordered to
and expiration dates of such doses; which was ordered to lie on the table;
(3) to determine the latest date prior to ex- lie on the table; as follows:
piration that such doses may—
as follows:
At the appropriate place, insert the fol-
(A) be recovered and prepared for shipment At the appropriate place, insert the fol- lowing:
to foreign countries and economies; and lowing: SEC. ll. NONAPPLICABILITY OF CERTAIN RE-
(B) be safe and effective upon delivery to SEC. lllll. ADVERSE INFORMATION IN CASES QUIREMENTS TO THE PASSENGER
such countries and economies; OF TRAFFICKING. VESSEL AMERICAN QUEEN.
(4) to determine whether the supply of (a) IN GENERAL.—The Fair Credit Report- (a) IN GENERAL.—Notwithstanding any
doses of the COVID–19 vaccine in the United ing Act (15 U.S.C. 1681 et seq.) is amended by other provision of law, sections 3507 and 3508
States is sufficient to vaccinate the citizens inserting after section 605B the following: of title 46, United States Code, shall not
of the United States; ‘‘§ 605C Adverse information in cases of traf- apply to the passenger vessel AMERICAN
(5) to distribute to foreign countries and ficking QUEEN (United States official number
economies doses of the COVID–19 vaccine ‘‘(a) DEFINITIONS.—In this section: 1030765) when such vessel is operating inside
that as determined under paragraph (3) will ‘‘(1) TRAFFICKING DOCUMENTATION.—The the Boundary Line.
be safe and effective upon delivery to such (b) EFFECTIVE DATE.—Subsection (a) shall
term ‘trafficking documentation’ means—
countries and economies; take effect on the date of enactment of this
‘‘(A) documentation of—
(6) to identify other Federal agencies with Act.
‘‘(i) a determination by a Federal, State, or
which the heads of the relevant agencies (c) DEFINITIONS.—In this section:
Tribal governmental entity that a consumer
should coordinate to accomplish the tasks (1) BOUNDARY LINE.—The term ‘‘Boundary
is a victim of trafficking; or
described in paragraphs (1) through (5); and Line’’ has the meaning given such term in
‘‘(ii) a determination by a court of com-
(7) to determine the necessary scope of in- section 103 of title 46, United States Code.
petent jurisdiction that a consumer is a vic-
volvement of and required coordination with (2) PASSENGER VESSEL.—The term ‘‘pas-
tim of trafficking; and
the Federal agencies identified under para- senger vessel’’ has the meaning given such
‘‘(B) documentation that identifies items
graph (6). term in section 2101 of title 46, United States
of adverse information that should not be
(b) REPORT REQUIRED.—Not later than 120 Code.
furnished by a consumer reporting agency
days after the date of the enactment of this because the items resulted from the severe
Act, the Secretary of Health and Human SA 4574. Mr. WICKER submitted an
form of trafficking in persons or sex traf-
Services, in consultation with the other ficking of which the consumer is a victim. amendment intended to be proposed to
heads of the relevant agencies, shall submit ‘‘(2) VICTIM OF TRAFFICKING.—The term amendment SA 3867 submitted by Mr.
to the appropriate congressional committees ‘victim of trafficking’ means a person who is REED and intended to be proposed to
a report on the results of the study con- a victim of a severe form of trafficking in the bill H.R. 4350, to authorize appro-
ducted under subsection (a). persons or sex trafficking, as those terms are
(c) DEFINITIONS.—In this section:
priations for fiscal year 2022 for mili-
defined in section 103 of the Trafficking Vic- tary activities of the Department of
(1) APPROPRIATE CONGRESSIONAL COMMIT- tims Protection Act of 2000 (22 U.S.C. 7102).
TEES.—The term ‘‘appropriate congressional Defense, for military construction, and
‘‘(b) ADVERSE INFORMATION.—A consumer
committees’’ means— for defense activities of the Depart-
reporting agency may not furnish a con-
(A) the Committee on Health, Education, sumer report containing any adverse item of ment of Energy, to prescribe military
Labor, and Pensions, and the Committee on information about a consumer that resulted personnel strengths for such fiscal
Foreign Relations of the Senate; and from a severe form of trafficking in persons year, and for other purposes; which was
(B) the Committee on Energy and Com- or sex trafficking if the consumer has pro- ordered to lie on the table; as follows:
merce, and the Committee on Foreign Af- vided trafficking documentation to the con-
fairs of the House of Representatives. At the end of subtitle C of title X, add the
sumer reporting agency. following:
(2) RELEVANT AGENCIES.—The term ‘‘rel- ‘‘(c) RULEMAKING.—
evant agencies’’ means— SEC. 1023. AUTHORITY TO CONVEY BY DONATION
‘‘(1) IN GENERAL.—Not later than 180 days CERTAIN VESSELS FOR HUMANI-
(A) the Department of Health and Human after the date of the enactment of this sec- TARIAN ASSISTANCE AND DISASTER
Services; tion, the Director shall promulgate regula- RELIEF PURPOSES.
(B) the Department of State; and tions to implement subsection (a). (a) AUTHORITY TO CONVEY.—The Secretary
(C) the United States Agency for Inter-
ctelli on DSK11ZRN23PROD with SENATE
‘‘(2) CONTENTS.—The regulations issued of the Navy may convey, by donation, all
national Development. pursuant to paragraph (1) shall establish a right, title, and interest of the United States
method by which consumers shall submit Government in and to any vessel described in
SA 4571. Mr. CRUZ submitted an trafficking documentation to consumer re- subsection (b) to the Coalition of Hope Foun-
amendment intended to be proposed to porting agencies.’’. dation, Inc., a nonprofit organization, for use
amendment SA 3926 submitted by Mr. (b) TABLE OF CONTENTS AMENDMENT.—The in the provision of humanitarian assistance
PORTMAN (for himself, Mr. BOOKER, Mr. table of contents of the Fair Credit Report- and disaster relief services, if the vessel is no
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S8098 CONGRESSIONAL RECORD — SENATE November 15, 2021
longer required by the United States Govern- SEC. lll. ADDITIONAL FUNDING FOR UNDER- SEC. 1216. IMPOSITION OF SANCTIONS WITH RE-
ment. SEA WARFARE APPLIED RESEARCH. SPECT TO TRANSACTIONS INVOLV-
(a) ADDITIONAL FUNDING.—The amount au- ING AFGHANISTAN’S RARE EARTH
(b) VESSELS DESCRIBED.—The vessels de- MINERALS.
scribed in this subsection are the following thorized to be appropriated for fiscal year
2022 by section 201 for research, development, (a) IN GENERAL.—The President shall im-
vessels, which have been stricken from the pose the sanctions described in subsection (b)
Naval Vessel Register: test, and evaluation is hereby increased by
$11,000,000, with the amount of the increase with respect to each foreign person the
(1) The former U.S.S. Tarawa (LHA–1) President determines engages, on or after
(2) The former U.S.S. Peleliu (LHA–5). to be available for Undersea Warfare Applied
the date of the enactment of this Act, in any
(c) TERMS OF CONVEYANCE.— Research (PE 0602747N).
transaction involving rare earth minerals
(1) DELIVERY OF VESSEL.—The Secretary of (b) OFFSET.—The amount authorized to be
mined or otherwise extracted in Afghani-
the Navy shall deliver a vessel conveyed appropriated for fiscal year 2022 by section
stan.
under subsection (a)— 101 for procurement for the Army, the Navy (b) SANCTIONS DESCRIBED.—The sanctions
(A) at a location and on a date of convey- and the Marine Corps, the Air Force and the to be imposed under subsection (a) with re-
ance as mutually agreed to by the Secretary Space Force, and Defense-wide activities is spect to a foreign person are the following:
and the recipient; and hereby decreased by $11,000,000, with the (1) BLOCKING OF PROPERTY.—The President
(B) in its condition on that date. amount of the decrease to be derived from shall exercise all of the powers granted to
(2) LIMITATIONS ON LIABILITY AND RESPONSI- amounts available for Shipbuilding and Con- the President under the International Emer-
BILITY.— version, Navy Fleet Ballistic Missile Ships, gency Economic Powers Act (50 U.S.C. 1701
(A) IMMUNITY OF THE UNITED STATES.—The Line 19, LHA Replacement. et seq.) to the extent necessary to block and
United States and all departments and agen- prohibit all transactions in property and in-
cies thereof, and their officers and employ- SA 4576. Mr. KENNEDY submitted an terests in property of the foreign person if
ees, shall not be liable at law or in equity for amendment intended to be proposed to such property and interests in property are
any injury or damage to any person or prop- amendment SA 3867 submitted by Mr. in the United States, come within the United
erty occurring on a vessel donated under this REED and intended to be proposed to States, or are or come within the possession
section. the bill H.R. 4350, to authorize appro- or control of a United States person.
(B) IMPROVEMENTS, UPGRADES, AND RE- (2) INELIGIBILITY FOR VISAS, ADMISSION, OR
priations for fiscal year 2022 for mili-
PAIRS.—Notwithstanding any other law, the PAROLE.—
tary activities of the Department of (A) VISAS, ADMISSION, OR PAROLE.—An alien
Department of Defense, and the officers and
employees of the Department of Defense, Defense, for military construction, and described in subsection (a) is—
shall have no responsibility or obligation to for defense activities of the Depart- (i) inadmissible to the United States;
make, engage in, or provide funding for, any ment of Energy, to prescribe military (ii) ineligible to receive a visa or other doc-
improvement, upgrade, modification, main- personnel strengths for such fiscal umentation to enter the United States; and
tenance, preservation, or repair to a vessel year, and for other purposes; which was (iii) otherwise ineligible to be admitted or
donated under this section. paroled into the United States or to receive
ordered to lie on the table; as follows:
(C) CLAIMS ARISING FROM EXPOSURE TO HAZ- any other benefit under the Immigration and
At the end of subtitle G of title X, add the Nationality Act (8 U.S.C. 1101 et seq.).
ARDOUS MATERIAL.—The Secretary may not
following: (B) CURRENT VISAS REVOKED.—
convey a vessel under this section unless the
SEC. 1064. REIMBURSEMENT OF PHYSICIANS BY (i) IN GENERAL.—The visa or other entry
recipient agrees to hold the United States
DEPARTMENT OF VETERANS AF- documentation of an alien described in sub-
Government harmless for any claim arising FAIRS DURING CERTAIN DISASTERS
from exposure to hazardous material, includ- section (a) shall be revoked, regardless of
AND EMERGENCIES.
ing asbestos and polychlorinated biphenyls, when such visa or other entry documenta-
(a) IN GENERAL.—During a period in which tion is or was issued.
after the conveyance of the vessel, except for a covered disaster or emergency has been de-
any claim arising before the date of the con- (ii) IMMEDIATE EFFECT.—A revocation
clared, the Secretary of Veterans Affairs under clause (i) shall—
veyance or from use of the vessel by the Gov- shall reimburse covered physicians for audio-
ernment after that date. (I) take effect immediately; and
only telehealth visits under the laws admin- (II) automatically cancel any other valid
(3) CONVEYANCE TO BE AT NO COST TO DE- istered by the Secretary at the same rate as
PARTMENT OF DEFENSE.—Any conveyance of a
visa or entry documentation that is in the
in-person visits. alien’s possession.
vessel under this section, the demilitariza- (b) DEFINITIONS.—In this section: (c) IMPLEMENTATION; PENALTIES.—
tion of Munitions List items of that vessel, (1) COVERED DISASTER OR EMERGENCY.—The (1) IMPLEMENTATION.—The President may
the maintenance and preservation of that term ‘‘covered disaster or emergency’’ means exercise all authorities provided under sec-
vessel after conveyance, and the ultimate the following: tions 203 and 205 of the International Emer-
disposal of that vessel shall be made at no (A) A disaster or emergency specified in gency Economic Powers Act (50 U.S.C. 1702
cost to the Department of Defense. section 1785(b) of title 38, United States and 1704) to carry out this section.
(4) ADDITIONAL TERMS.—The Secretary may Code. (2) PENALTIES.—A person that violates, at-
require such additional terms in connection (B) A public health emergency declared by tempts to violate, conspires to violate, or
with the conveyance authorized by this sec- the Secretary of Health and Human Services causes a violation of subsection (b)(1) or any
tion as the Secretary considers appropriate. under section 319 of the Public Health Serv- regulation, license, or order issued to carry
(d) DEFINITIONS.—In this section: ice Act (42 U.S.C. 247d). out that subsection shall be subject to the
(1) NONPROFIT ORGANIZATION.—The term (C) A domestic emergency declared by the penalties set forth in subsections (b) and (c)
‘‘nonprofit organization’’ means an organiza- Secretary of Homeland Security. of section 206 of the International Emer-
tion described in section 501(c)(3) of the In- (2) COVERED PHYSICIAN.—The term ‘‘covered gency Economic Powers Act (50 U.S.C. 1705)
ternal Revenue Code of 1986 and exempt from physician’’ means a physician who is not a to the same extent as a person that commits
taxation under section 501(a) of that Code. physician of the Department of Veterans Af- an unlawful act described in subsection (a) of
(2) MUNITIONS LIST.—The term ‘‘Munitions fairs who provides care to veterans under— that section.
List’’ means the United States Munitions (A) the Veterans Community Care Pro- (d) NATIONAL SECURITY WAIVER.—The
List created and controlled under section 38 gram under section 1703 of title 38, United President may waive the imposition of sanc-
of the Arms Export Control Act (22 U.S.C. States Code; or tions under subsection (a) with respect to a
2778). (B) any other authority under the laws ad- foreign person if the President—
ministered by the Secretary. (1) determines that such a waiver is in the
SA 4575. Mr. WICKER (for himself national security interests of the United
and Mr. KAINE) submitted an amend- SA 4577. Mr. KENNEDY submitted an States; and
ment intended to be proposed to amendment intended to be proposed to (2) submits to the appropriate congres-
amendment SA 3867 submitted by Mr. amendment SA 3867 submitted by Mr. sional committees a notification of the waiv-
er and the reasons for the waiver.
REED and intended to be proposed to REED and intended to be proposed to (e) EXCEPTIONS.—
the bill H.R. 4350, to authorize appro- the bill H.R. 4350, to authorize appro- (1) INTELLIGENCE ACTIVITIES.—This section
priations for fiscal year 2022 for mili- priations for fiscal year 2022 for mili- shall not apply with respect to activities
tary activities of the Department of tary activities of the Department of subject to the reporting requirements under
Defense, for military construction, and Defense, for military construction, and title V of the National Security Act of 1947
for defense activities of the Depart- for defense activities of the Depart- (50 U.S.C. 3091 et seq.) or any authorized in-
ctelli on DSK11ZRN23PROD with SENATE
ment of Energy, to prescribe military ment of Energy, to prescribe military telligence activities of the United States.
(2) LAW ENFORCEMENT ACTIVITIES.—Sanc-
personnel strengths for such fiscal personnel strengths for such fiscal
tions under this section shall not apply with
year, and for other purposes; which was year, and for other purposes; which was respect to any authorized law enforcement
ordered to lie on the table; as follows: ordered to lie on the table; as follows: activities of the United States.
At the appropriate place in title II, insert At the end of subtitle B of title XII, add (3) EXCEPTION TO COMPLY WITH INTER-
the following: the following: NATIONAL AGREEMENTS.—Subsection (b)(2)
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8099
shall not apply with respect to the admission At the appropriate place, insert the fol- (4) FACILITATION OF ADMISSIONS.—Certain
of an alien to the United States if such ad- lowing: applicants for admission to the United
mission is necessary to comply with the obli- SEC. ll. NATIONAL GLOBAL WAR ON TER- States from the Xinjiang Uyghur Autono-
gations of the United States under the RORISM MEMORIAL. mous Region may not be denied primarily on
Agreement regarding the Headquarters of (a) SITE.—Notwithstanding section 8908(c) the basis of a politically motivated arrest,
the United Nations, signed at Lake Success of title 40, United States Code, the National detention, or other adverse government ac-
June 26, 1947, and entered into force Novem- Global War on Terrorism Memorial author- tion taken against such applicant as a result
ber 21, 1947, between the United Nations and ized by section 2(a) of the Global War on Ter- of the participation by such applicant in reli-
the United States, under the Convention on rorism War Memorial Act (40 U.S.C. 8903 gious, cultural, or protest activities.
Consular Relations, done at Vienna April 24, note; Public Law 115–51; 131 Stat. 1003) (re- (5) BILATERAL DIPLOMACY.—The Secretary
1963, and entered into force March 19, 1967, or ferred to in this section as the ‘‘Memorial’’) of State shall prioritize bilateral diplomacy
under other international agreements. shall be located within the Reserve (as de- with foreign countries hosting former resi-
(4) EXCEPTION RELATING TO IMPORTATION OF fined in section 8902(a) of title 40, United dents of the Xinjiang Uyghur Autonomous
GOODS.— States Code). Region who face significant diplomatic pres-
(A) IN GENERAL.—The authority or a re- (b) APPLICABILITY OF COMMEMORATIVE sure from the Government of the People’s
quirement to impose sanctions under this WORKS ACT.—Except as provided in sub- Republic of China.
section shall not include the authority or a section (a), chapter 89 of title 40, United (6) EXCLUSION FROM NUMERICAL LIMITA-
requirement to impose sanctions on the im- States Code (commonly known as the ‘‘Com- TIONS.—Aliens eligible for Priority 2 proc-
portation of goods. memorative Works Act’’), shall apply to the essing under this subsection who are pro-
(B) GOOD DEFINED.—In this paragraph, the Memorial. vided refugee status shall not be counted
term ‘‘good’’ means any article, natural or against any numerical limitation under sec-
manmade substance, material, supply, or
SA 4579. Mr. COONS (for himself, Mr. tion 201, 202, 203, or 207 of the Immigration
manufactured product, including inspection MERKLEY, Mr. RUBIO, and Mr. TILLIS) and Nationality Act (8 U.S.C. 1151, 1152, 1153,
and test equipment, and excluding technical submitted an amendment intended to and 1157).
data. be proposed to amendment SA 3867 sub- (7) REPORTING REQUIREMENTS.—
(f) REPORT REQUIRED.—The Secretary of mitted by Mr. REED and intended to be (A) IN GENERAL.—Not later than 180 days
State shall submit to the appropriate con- after the date of the enactment of this Act,
proposed to the bill H.R. 4350, to au- and every 180 days thereafter, the Secretary
gressional committees a report on the supply thorize appropriations for fiscal year
of rare earth minerals in Afghanistan during of State and the Secretary of Homeland Se-
2022 for military activities of the De- curity shall jointly submit a report con-
the period after the Taliban gained control
of Afghanistan.
partment of Defense, for military con- taining the matters described in subpara-
(g) DEFINITIONS.—In this section: struction, and for defense activities of graph (B) to—
the Department of Energy, to prescribe (i) the Committee on the Judiciary of the
(1) ADMISSION; ADMITTED; ALIEN.—The
military personnel strengths for such Senate;
terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’
(ii) the Committee on Foreign Relations of
have the meanings given those terms in sec- fiscal year, and for other purposes;
the Senate;
tion 101 of the Immigration and Nationality which was ordered to lie on the table; (iii) the Committee on the Judiciary of the
Act (8 U.S.C. 1101). as follows: House of Representatives; and
(2) APPROPRIATE CONGRESSIONAL COMMIT- At the end of subtitle E of title XII, add (iv) the Committee on Foreign Affairs of
TEES.—The term ‘‘appropriate congressional
the following: the House of Representatives.
committees’’ means— SEC. 1253. DESIGNATION OF CERTAIN RESIDENTS (B) MATTERS TO BE INCLUDED.—Each report
(A) the Committee on Foreign Relations OF THE XINJIANG UYGHUR AUTONO- required under subparagraph (A) shall in-
and the Committee on Banking, Housing, MOUS REGION. clude—
and Urban Affairs of the Senate; and (a) IN GENERAL.— (i) the total number of applications from
(B) the Committee on Foreign Affairs and (1) PRIORITY 2 PROCESSING.—Persons of spe- individuals described in paragraph (1) that
the Committee on Financial Services of the cial humanitarian concern eligible for Pri- are pending at the end of the reporting pe-
House of Representatives. ority 2 processing under the refugee resettle- riod;
(3) FOREIGN PERSON.—The term ‘‘foreign ment priority system shall include— (ii) the average wait-times and the number
person’’ means any individual or entity that (A) Uyghurs and members of other pre- of such applicants who, at the end of the re-
is not a United States person. dominately Turkic or Muslim ethnic groups, porting period, are waiting for—
(4) UNITED STATES PERSON.—The term including Kazakhs and Kyrgyz, who are resi- (I) a prescreening interview with a reset-
‘‘United States person’’ means— dents of, or fled from, the Xinjiang Uyghur tlement support center;
(A) a United States citizen or an alien law- Autonomous Region and who suffered perse- (II) an interview with U.S. Citizenship and
fully admitted to the United States for per- cution or have a well-founded fear of perse- Immigration Services;
manent residence; or cution on account of their imputed or actual (III) the completion of security checks; or
(B) an entity organized under the laws of religious or ethnic identity; (IV) receipt of a final decision after com-
the United States or any jurisdiction within (B) Uyghurs and members of other pre- pletion of an interview with U.S. Citizenship
the United States. dominately Turkic or Muslim ethnic groups, and Immigration Services; and
including Kazakhs and Kyrgyz, who have (iii) the number of individuals who applied
SA 4578. Ms. ERNST (for herself, Ms. been formally charged, detained, or con- for refugee status under this subsection
HASSAN, Mr. GRASSLEY, Mr. CRAMER, victed by the Government of the People’s Re- whose application was denied, disaggregated
Mrs. FEINSTEIN, Mr. BURR, Mr. TILLIS, public of China on account of their peaceful by the reason for each such denial.
Mr. RISCH, Mrs. GILLIBRAND, Mr. actions in the Xinjiang Uyghur Autonomous (C) FORM.—Each report required under sub-
TESTER, Mr. MORAN, Mrs. CAPITO, Mr. Region, as described in the Uyghur Human paragraph (A) shall be submitted in unclassi-
Rights Policy Act of 2020 (Public Law 116– fied form, but may include a classified
HOEVEN, Mr. BOOZMAN, Mr. LANKFORD,
145); and annex.
Mr. WARNOCK, Mr. ROMNEY, Mr. COR- (C) the spouses, children, and parents (as (D) PUBLIC REPORTS.—The Secretary of
NYN, Ms. BALDWIN, Mr. PETERS, Ms. such terms are defined in subsections (a) and State shall make each report submitted
COLLINS, Mrs. HYDE-SMITH, Mr. WICKER, (b) of section 101 of the Immigration and Na- under this paragraph available to the public
Mr. BRAUN, Mr. BLUMENTHAL, Mr. SUL- tionality Act (8 U.S.C. 1101)) of individuals on the internet website of the Department of
LIVAN, Mrs. BLACKBURN, Mr. KELLY, Mr. described in subparagraph (A) or (B), except State.
SASSE, Mr. RUBIO, Mr. SCOTT of South such parents who are citizens of a country (8) SATISFACTION OF OTHER REQUIRE-
Carolina, Mr. VAN HOLLEN, and Mr. other than the People’s Republic of China. MENTS.—Aliens eligible under this subsection
(2) PROCESSING OF XINJIANG UYGHUR AUTON- for Priority 2 processing under the refugee
CARDIN) submitted an amendment in- OMOUS REGION REFUGEES.—The processing of resettlement priority system shall satisfy
tended to be proposed to amendment individuals described in paragraph (1) for the requirements under section 207 of the Im-
SA 3867 submitted by Mr. REED and in- classification as refugees may occur in China migration and Nationality Act (8 U.S.C. 1157)
tended to be proposed to the bill H.R. or in another foreign country. for admission to the United States.
4350, to authorize appropriations for (3) ELIGIBILITY FOR ADMISSION AS REFU- (b) WAIVER OF IMMIGRANT STATUS PRE-
fiscal year 2022 for military activities GEES.—An alien may not be denied the op- SUMPTION.—
of the Department of Defense, for mili- portunity to apply for admission as a refugee (1) IN GENERAL.—The presumption under
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tary construction, and for defense ac- under this subsection primarily because such the first sentence of section 214(b) of the Im-
alien— migration and Nationality Act (8 U.S.C.
tivities of the Department of Energy,
(A) qualifies as an immediate relative of a 1184(b)) that every alien is an immigrant
to prescribe military personnel citizen of the United States; or until the alien establishes that the alien is
strengths for such fiscal year, and for (B) is eligible for admission to the United entitled to nonimmigrant status shall not
other purposes; which was ordered to States under any other immigrant classifica- apply to an alien described in paragraph (2).
lie on the table; as follows: tion. (2) ALIEN DESCRIBED.—
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S8100 CONGRESSIONAL RECORD — SENATE November 15, 2021
(A) IN GENERAL.—Subject to subparagraph migration laws shall be considered to have (A) acquisition personnel;
(B), an alien described in this paragraph is suffered persecution on account of political (B) accessions and recruits to the military
an alien who— opinion. services;
(i)(I) is an Uyghur or a member of another (2) CHANGED CIRCUMSTANCES.—For purposes (C) cadets and midshipmen at the military
predominately Turkic or Muslim ethnic of asylum determinations under this section service academies and enrolled in the Senior
group, including Kazakhs and Kyrgyz, and in accordance with section 208 of the Immi- Reserve Officers’ Training Corps;
was a resident of the Xinjiang Uyghur Au- gration and Nationality Act (8 U.S.C. 1158), (D) information environment and cyber-
tonomous Region on January 1 2021; or the revocation of the citizenship, nation- space military and civilian personnel; and
(II) fled the Xinjiang Uyghur Autonomous ality, or residency of an individual for hav- (E) non-information environment and
Region after June 30, 2009 and resides in a ing submitted to any United States Govern- cyberspace military and civilian personnel;
different province of China or in another for- ment agency a nonfrivolous application for (3) assess the talent management value for
eign country; refugee status, asylum, or any other immi- the Department’s cyber workforce require-
(ii) is seeking entry to the United States to gration benefit under the immigration laws ment of cyberspace and information environ-
apply for asylum under section 208 of the Im- shall be considered to be changed cir- ment-related scholarship-for-service pro-
migration and Nationality Act (8 U.S.C. cumstances under subsection (a)(2)(D) of grams, including—
1158); and such section. (A) the CyberCorps: Scholarship for Serv-
(iii) is facing repression in the Xinjiang (d) STATEMENT OF POLICY ON ENCOURAGING ice (SFS);
Uyghur Autonomous Region by the Govern- ALLIES AND PARTNERS TO MAKE SIMILAR AC- (B) the Department of Defense Cyber
ment of the People’s Republic of China in- COMMODATIONS.—It is the policy of the Scholarship Program (DoD CySP);
cluding— United States to encourage allies and part- (C) the Department of Defense Science,
(I) forced and arbitrary detention including ners of the United States to make accom- Mathematics, and Research for Trans-
in internment and reeducation camps; modations similar to the accommodations formation (SMART) Scholarship-for-Service
(II) forced political indoctrination, torture, made under this section for Uyghurs and Program;
beatings, food deprivation, and denial of reli- members of other predominately Turkic or (D) the Stokes Educational Scholarship
gious, cultural, and linguistic freedoms; Muslim ethnic groups, including Kazakhs Program; and
(III) forced labor; and Kyrgyz, who were previously residents of (E) the OnRamp II Scholarship Program;
(IV) forced separation from family mem- the Xinjiang Uyghur Autonomous Region (4) identify appropriate locations for infor-
bers; or and are fleeing oppression by the Govern- mation warfare and cyber education for mili-
(V) other forms of systemic threats, har- ment of the People’s Republic of China. tary and civilian personnel as the Secretary
assment, and gross human rights violations. (e) SUNSET CLAUSE.—This section shall considers appropriate, including—
(B) EXCLUSION.—An alien described in this cease to have effect on the date that is 10 (A) the military service academies;
paragraph does not include any alien who— years after the date of the enactment of this (B) the educational institutions described
(i) is a citizen or permanent resident of a Act. in section 2151(b) of title 10, United States
country other than the People’s Republic of --- Code;
China; or SA 4580. Mrs. GILLIBRAND sub- (C) the Air Force Institute of Technology;
(ii) is determined to have committed a mitted an amendment intended to be (D) the National Defense University;
gross violation of human rights. proposed to amendment SA 3867 sub- (E) the Joint Special Operations Univer-
(3) INTENTION TO ABANDON FOREIGN RESI- mitted by Mr. REED and intended to be sity;
DENCE.—The filing by an alien described in (F) any other military educational institu-
paragraph (2) of an application for a pref-
proposed to the bill H.R. 4350, to au- tion of the Department specified by the Sec-
erence status under section 204 of the Immi- thorize appropriations for fiscal year retary for purposes of this section;
gration and Nationality Act (8 U.S.C. 1154) or 2022 for military activities of the De- (G) the Cyber Centers of Academic Excel-
otherwise seeking permanent residence in partment of Defense, for military con- lence certified jointly by the National Secu-
the United States shall not be deemed as evi- struction, and for defense activities of rity Agency and the Department of Home-
dence of the alien’s intention to abandon a the Department of Energy, to prescribe land Security; and
foreign residence for purposes of obtaining a military personnel strengths for such (H) potential future educational institu-
visa as a nonimmigrant described in subpara- tions of the Federal Government, including
graph (H)(i)(b), (H)(i)(c), (L), or (V) of section
fiscal year, and for other purposes;
an assessment, in consultation with the Sec-
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) or which was ordered to lie on the table; retary of Homeland Security and the Na-
otherwise obtaining or maintaining the sta- as follows: tional Cyber Director, of the potential com-
tus of a nonimmigrant described in any such Strike section 1601 and insert the fol- ponents of a National Cyber Academy or
subparagraph if the alien had obtained a lowing: similar institute created for the purpose of
change of status under section 208 of such SEC. 1601. MATTERS CONCERNING CYBER PER- educating and training civilian and military
Act to a classification as such a non- SONNEL REQUIREMENTS. personnel for service in cyber, information,
immigrant before the alien’s most recent de- (a) IN GENERAL.—The Secretary of Defense and related fields throughout the Federal
parture from the United States. shall— Government; and
(c) REFUGEE AND ASYLUM DETERMINATIONS (1) determine the overall workforce re- (5) determine—
UNDER THE IMMIGRATION AND NATIONALITY quirement of the Department of Defense for (A) the cyberspace domain and information
ACT.— cyber and information operation military warfare mission requirements of an
(1) PERSECUTION ON ACCOUNT OF POLITICAL, personnel across the active and reserve com- undergraduate- and graduate-level profes-
RELIGIOUS, OR CULTURAL EXPRESSION OR ASSO- ponents of the Armed Forces (other than the sional military education college on par with
CIATION.— Coast Guard) and for civilian personnel, and and distinct from the war colleges for the
(A) IN GENERAL.—An alien who is within a in doing so shall— Army, Navy, and Air Force;
category of aliens established under this sec- (A) consider personnel in positions secur- (B) what curriculum such a college should
tion may establish, for purposes of admission ing the Department of Defense Information instruct;
as a refugee under section 207 of the Immi- Network and associated enterprise informa- (C) whether such a college should be joint;
gration and Nationality Act (8 U.S.C. 1157), tion technology, defense agencies and field (D) where it should be located;
that the alien has a well-founded fear of per- activities, and combatant commands, includ- (E) where such college should be adminis-
secution on account of race, religion, nation- ing current billets primarily associated with tered;
ality, membership in a particular social the information environment and cyberspace (F) interim efforts to improve the coordi-
group, or political opinion by asserting such domain and projected future billets; nation of existing cyber and information en-
a fear and asserting a credible basis for con- (B) consider the mix between military and vironment education programs; and
cern about the possibility of such persecu- civilian personnel, active and reserve compo- (G) the feasibility and advisability of
tion. nents, and the use of the National Guard; partnering with and integrating a Reserve
(B) NATIONALS OF THE PEOPLE’S REPUBLIC (C) develop a workforce development plan Officers’ Training Corps (ROTC) program,
OF CHINA.—For purposes of refugee deter- for military and civilian personnel that cov- which shall include civilian personnel, dedi-
minations under this section in accordance ers accessions, training, education, recruit- cated to cyber and information environment
with section 207 of the Immigration and Na- ment, retention, fair and competitive com- operations.
tionality Act (8 U.S.C. 1157), a national of pensation, enlistment standards and screen- (b) BRIEFING AND REPORT REQUIRED.—Not
the People’s Republic of China whose resi- ing tools, analysis of recruiting resources later than May 31, 2022, the Secretary shall
dency in the Xinjiang Uyghur Autonomous and sustainment of the workforce, and provide the Committee on Armed Services of
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Region, or any other area within the juris- metrics to evaluate success; and the Senate and the Committee on Armed
diction of the People’s Republic of China, as (D) consider such other elements as the Services of the House of Representatives a
determined by the Secretary of State, is re- Secretary determines appropriate; briefing and, not later than September 30,
voked for having submitted to any United (2) assess current and future general infor- 2022, the Secretary shall submit to such com-
States Government agency a nonfrivolous mation warfare and cyber education cur- mittees a report on—
application for refugee status, asylum, or riculum and requirements for military and (1) the findings of the Secretary in car-
any other immigration benefit under the im- civilian personnel, including— rying out subsection (a);
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8101
(2) an implementation plan to achieve fu- effectively meet cyber personnel education At the appropriate place, insert the fol-
ture information warfare and cyber edu- requirements. lowing:
cation requirements at appropriate loca- (2) FORM.—In presenting and submitting SEC. ll. AMOUNTS FOR NEXT GENERATION
tions; findings under paragraph (1), the Director RADAR AND RADIO ASTRONOMY IM-
(3) such recommendations as the Secretary may— PROVEMENTS AND RELATED ACTIVI-
may have for personnel needs in information (A) when providing the briefing required by TIES.
warfare and the cyberspace domain; and such paragraph, present such findings in a There are authorized to be appropriated to
(4) such legislative or administrative ac- classified setting; and the National Science Foundation, $176,000,000
tion as the Secretary identifies as necessary (B) when submitting the report required by for the period of fiscal years 2022 through
to effectively meet cyber personnel require- such paragraph, include such findings in a 2024 for the design, development, proto-
ments. classified annex. typing, or mid-scale upgrades of next genera-
(c) EDUCATION DEFINED.—In this section, (c) DEFINITIONS.—In this section: tion radar and radio astronomy improve-
the term ‘‘education’’ includes formal edu- (1) EDUCATION.—The term ‘‘education’’ in- ments and related activities under section 14
cation requirements, such as degrees and cludes formal education requirements, such of the National Science Foundation Author-
certification in targeted subject areas, but as degrees and certification in targeted sub- ization Act of 2002 (42 U.S.C. 1862n-4).
also general training, including— ject areas.
(1) reskilling; (2) INTELLIGENCE COMMUNITY.—The term SA 4584. Mrs. SHAHEEN (for herself,
(2) knowledge, skills, and abilities; and ‘‘intelligence community’’ has the meaning Ms. COLLINS, Mr. WARNER, Mr. RUBIO,
(3) nonacademic professional development. given such term in section 3 of the National Mr. RISCH, Mr. MENENDEZ, Mr. DURBIN,
Security Act of 1947 (50 U.S.C. 3003). and Mrs. GILLIBRAND) submitted an
SA 4581. Mrs. GILLIBRAND sub-
amendment intended to be proposed to
mitted an amendment intended to be SA 4582. Ms. KLOBUCHAR (for her-
amendment SA 3867 submitted by Mr.
proposed to amendment SA 3867 sub- self and Mrs. FEINSTEIN) submitted an
REED and intended to be proposed to
mitted by Mr. REED and intended to be amendment intended to be proposed to
the bill H.R. 4350, to authorize appro-
proposed to the bill H.R. 4350, to au- amendment SA 3867 submitted by Mr.
priations for fiscal year 2022 for mili-
thorize appropriations for fiscal year REED and intended to be proposed to
tary activities of the Department of
2022 for military activities of the De- the bill H.R. 4350, to authorize appro-
Defense, for military construction, and
partment of Defense, for military con- priations for fiscal year 2022 for mili-
for defense activities of the Depart-
struction, and for defense activities of tary activities of the Department of
ment of Energy, to prescribe military
the Department of Energy, to prescribe Defense, for military construction, and
personnel strengths for such fiscal
military personnel strengths for such for defense activities of the Depart-
year, and for other purposes; which was
fiscal year, and for other purposes; ment of Energy, to prescribe military
ordered to lie on the table; as follows:
which was ordered to lie on the table; personnel strengths for such fiscal
as follows: year, and for other purposes; which was Strike section 1053 and insert the fol-
lowing:
At the appropriate place, insert the fol- ordered to lie on the table; as follows:
SEC. 1053. ANOMALOUS HEALTH INCIDENTS.
lowing: At the end of subtitle G of title V, add the
SEC. lll. MATTERS CONCERNING CYBER PER- (a) DEFINITIONS.—In this section:
following:
SONNEL EDUCATION REQUIRE- (1) AGENCY COORDINATION LEAD.—The term
SEC. 596. STUDY ON IMPROVEMENT OF ACCESS
MENTS. ‘‘Agency Coordination Lead’’ means a senior
TO VOTING FOR MEMBERS OF THE
(a) IN GENERAL.—The Director of National ARMED FORCES OVERSEAS. official designated by the head of a relevant
Intelligence shall— (a) STUDY REQUIRED.—The Director of the agency to serve as the Anomalous Health In-
(1) assess current cyber education cur- Federal Voting Assistance Program of the cident Agency Coordination Lead for such
ricula and requirements for civilian per- Department of Defense shall conduct a study agency.
sonnel of the intelligence community, in- on means of improving access to voting for (2) APPROPRIATE NATIONAL SECURITY COM-
cluding cyberspace and information environ- MITTEES.—The term ‘‘appropriate national
members of the Armed Forces overseas.
ment-related scholarship-for-service pro- (b) REPORT.—Not later than September 30, security committees’’ means—
grams, including— 2023, the Director shall submit to Congress a (A) the Committee on Armed Services of
(A) the CyberCorps: Scholarship for Serv- report on the results of the study conducted the Senate;
ice (SFS); under subsection (a). The report shall in- (B) the Committee on Foreign Relations of
(B) the Stokes Educational Scholarship clude the following: the Senate;
Program; and (1) The results of a survey, undertaken for (C) the Select Committee on Intelligence
(C) the OnRamp II Scholarship Program; purposes of the study, of Voting Assistance of the Senate;
(2) recommend— Officers and members of the Armed Forces (D) the Committee on Homeland Security
(A) cyberspace domain and information se- overseas on means of improving access to and Governmental Affairs of the Senate;
curity curriculum requirements of voting for such members, including through (E) the Committee on the Judiciary of the
undergraduate- and graduate-level accred- the establishment of unit-level assistance Senate;
ited institutions; mechanisms or permanent voting assistance (F) the Committee on Appropriations of
(B) under which Federal department or offices. the Senate;
agency such a curriculum could be adminis- (2) An estimate of the costs and require- (G) the Committee on Armed Services of
tered; and ments in connection with an expansion of the House of Representatives;
(C) interim efforts to improve the coordi- the number of Voting Assistance Officers in (H) the Committee on Foreign Affairs of
nation of existing cyberspace and informa- order to fully meet the needs of members of the House of Representatives;
tion environment education programs; and the Armed Forces overseas for access to vot- (I) the Permanent Select Committee on In-
(3) identify— ing. telligence of the House of Representatives;
(A) any counterintelligence risks or (3) A description and assessment of various (J) the Committee on Homeland Security
threats to the intelligence community that actions to be undertaken under the Federal of the House of Representatives;
establishment of such a curriculum could Voting Assistance Program in order to in- (K) the Committee on the Judiciary of the
create; and crease the capabilities of the Voting Assist- House of Representatives; and
(B) a cost estimate for the establishment ance Officer program. (L) the Committee on Appropriations of
of such a curriculum. the House of Representatives.
(b) REPORT REQUIRED.— SA 4583. Mr. MANCHIN (for himself, (3) INTERAGENCY COORDINATOR.—The term
(1) IN GENERAL.—Not later than May 31, ‘‘Interagency Coordinator’’ means the Anom-
Mr. LUJÁN, and Mrs. CAPITO) submitted
2022, the Director shall provide the Select alous Health Incidents Interagency Coordi-
Committee on Intelligence of the Senate and an amendment intended to be proposed nator designated pursuant to subsection
the Permanent Select Committee on Intel- to amendment SA 3867 submitted by (b)(1).
ligence of the House of Representatives a Mr. REED and intended to be proposed (4) RELEVANT AGENCIES.—The term ‘‘rel-
briefing and, not later than September 30, to the bill H.R. 4350, to authorize ap- evant agencies’’ means—
2022, the Director shall submit to such com- propriations for fiscal year 2022 for (A) the Department of Defense;
mittees a report on— military activities of the Department (B) the Department of State;
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(A) the findings of the Director in carrying of Defense, for military construction, (C) the Office of the Director of National
out subsection (a); Intelligence;
and for defense activities of the De-
(B) such recommendations as the Director (D) the Department of Justice;
may have for personnel education needs in partment of Energy, to prescribe mili- (E) the Department of Homeland Security;
the cyberspace domain; and tary personnel strengths for such fiscal and
(C) any legislative or administrative ac- year, and for other purposes; which was (F) other agencies and bodies designated by
tion the Director identifies as necessary to ordered to lie on the table; as follows: the Interagency Coordinator.
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S8102 CONGRESSIONAL RECORD — SENATE November 15, 2021
(b) ANOMALOUS HEALTH INCIDENTS INTER- (ii) an update on new or persistent inci- ‘‘(b) PURPOSES.—The purposes of the con-
AGENCY COORDINATOR.— dents; sortium established under subsection (a) are
(1) DESIGNATION.—Not later than 30 days (iii) threat prevention and mitigation ef- as follows:
after the date of the enactment of this Act, forts to include personnel training; ‘‘(1) To shape the formulation and applica-
the President shall designate an appropriate (iv) changes to operating posture due to tion of policy through the conduct of re-
senior official as the ‘‘Anomalous Health In- anomalous health threats; search and analysis regarding defense nu-
cidents Interagency Coordinator’’, who shall (v) an update on diagnosis and treatment clear policy programs.
work through the President’s designated Na- efforts for affected individuals, including pa- ‘‘(2) To maintain open-source databases on
tional Security process— tient numbers and wait times to access care; issues relevant to understanding defense nu-
(A) to coordinate the United States Gov- (vi) efforts to improve and encourage re- clear nonproliferation, arms control, nuclear
ernment’s response to anomalous health in- porting of incidents; deterrence, foreign nuclear programs, and
cidents; (vii) detailed roles and responsibilities of nuclear security.
(B) to coordinate among relevant agencies Agency Coordination Leads; ‘‘(3) To facilitate the collaboration of re-
to ensure equitable and timely access to as- (viii) information regarding additional au- search centers of excellence relating to de-
sessment and care for affected personnel, de- thorities or resources needed to support the fense nuclear nonproliferation to better dis-
pendents, and other appropriate individuals; interagency response; and tribute expertise to specific issues and sce-
(C) to ensure adequate training and edu- (ix) other matters that the Interagency Co- narios regarding such threats.
cation for United States Government per- ordinator or the Agency Coordination Leads ‘‘(c) DUTIES.—
sonnel; and consider appropriate. ‘‘(1) SUPPORT.—The Administrator shall
(D) to ensure that information regarding (C) UNCLASSIFIED BRIEFING SUMMARY.—The ensure that the consortium established
anomalous health incidents is efficiently Agency Coordination Leads shall provide a under subsection (a) provides support to indi-
shared across relevant agencies in a manner coordinated, unclassified summary of the viduals described in paragraph (2) through
that provides appropriate protections for briefings to Congress, which shall include as the use of nongovernmental fellowships,
classified, sensitive, and personal informa- much information as practicable without re- scholarships, research internships, work-
tion. vealing classified information or information shops, short courses, summer schools, and
(2) DESIGNATION OF AGENCY COORDINATION that is likely to identify an individual. research grants.
LEADS.— (5) RETENTION OF AUTHORITY.—The appoint- ‘‘(2) INDIVIDUALS DESCRIBED.—Individuals
(A) IN GENERAL.—The head of each relevant ment of the Interagency Coordinator shall described in this paragraph are graduate stu-
agency shall designate a Senate-confirmed not deprive any Federal agency of any au- dents, academics, and policy specialists, who
or other appropriate senior official, who thority to independently perform its author- are focused on policy innovation related to—
shall— ized functions. ‘‘(A) defense nuclear nonproliferation;
(i) serve as the Anomalous Health Incident (6) RULE OF CONSTRUCTION.—Nothing in this ‘‘(B) arms control;
Agency Coordination Lead for the relevant subsection may be construed to limit— ‘‘(C) nuclear deterrence;
agency; (A) the President’s authority under article ‘‘(D) the study of foreign nuclear programs;
(ii) report directly to the head of the rel- II of the United States Constitution; or ‘‘(E) nuclear security; or
evant agency regarding activities carried out (B) the provision of health care and bene- ‘‘(F) educating and training the next gen-
under this section; fits to afflicted individuals, consistent with eration of defense nuclear policy experts.’’.
(iii) perform functions specific to the rel- existing laws. (b) CLERICAL AMENDMENT.—The table of
evant agency, consistent with the directives (c) DEVELOPMENT AND DISSEMINATION OF contents for the Atomic Energy Defense Act
of the Interagency Coordinator and the es- WORKFORCE GUIDANCE.—The President shall is amended by inserting after the item relat-
tablished interagency process; direct relevant agencies to develop and dis- ing to section 4311 the following new item:
(iv) participate in interagency briefings to seminate to their employees, not later than
‘‘Sec. 4312. University-based nuclear policy
Congress regarding the United States Gov- 30 days after the date of the enactment of
collaboration program.’’.
ernment response to anomalous health inci- this Act, updated workforce guidance that
dents; and describes—
(1) the threat posed by anomalous health SA 4586. Mrs. FEINSTEIN (for her-
(v) represent the relevant agency in meet-
ings convened by the Interagency Coordi- incidents; self, Ms. ERNST, Ms. DUCKWORTH, Ms.
nator. (2) known defensive techniques; and COLLINS, Mr. DURBIN, Mr. CORNYN, Ms.
(B) DELEGATION PROHIBITED.—An Agency (3) processes to self-report suspected expo- HIRONO, and Mr. PETERS) submitted an
Coordination Lead may not delegate the re- sure that could be an anomalous health inci- amendment intended to be proposed to
sponsibilities described in clauses (i) through dent. amendment SA 3867 submitted by Mr.
(v) of subparagraph (A). REED and intended to be proposed to
(3) SECURE REPORTING MECHANISMS.—Not SA 4585. Mr. MANCHIN submitted an the bill H.R. 4350, to authorize appro-
later than 90 days after the date of the enact- amendment intended to be proposed to priations for fiscal year 2022 for mili-
ment of this Act, the Interagency Coordi- amendment SA 3867 submitted by Mr.
nator shall— tary activities of the Department of
REED and intended to be proposed to Defense, for military construction, and
(A) ensure that agencies develop a process the bill H.R. 4350, to authorize appro-
to provide a secure mechanism for personnel, for defense activities of the Depart-
priations for fiscal year 2022 for mili- ment of Energy, to prescribe military
their dependents, and other appropriate indi-
viduals to self-report any suspected exposure tary activities of the Department of personnel strengths for such fiscal
that could be an anomalous health incident; Defense, for military construction, and year, and for other purposes; which was
(B) ensure that agencies share all relevant for defense activities of the Depart- ordered to lie on the table; as follows:
data with the Office of the Director of Na- ment of Energy, to prescribe military
tional Intelligence through existing proc- personnel strengths for such fiscal At the end of subtitle B of title XII, add
esses coordinated by the Interagency Coordi- the following:
year, and for other purposes; which was
nator; and SEC. 1220L. STATUS OF WOMEN AND GIRLS IN AF-
ordered to lie on the table; as follows: GHANISTAN.
(C) in establishing the mechanism de-
scribed in subparagraph (A), prioritize secure At the end of subtitle E of title XXXI, add (a) FINDINGS.—Congress finds the fol-
information collection and handling proc- the following: lowing:
esses to protect classified, sensitive, and per- SEC. 3157. UNIVERSITY-BASED NUCLEAR POLICY (1) Since May 2021, the escalation of vio-
sonal information. COLLABORATION PROGRAM. lent conflict in Afghanistan has forcibly dis-
(4) BRIEFINGS.— (a) IN GENERAL.—Title XLIII of the Atomic placed an estimated 655,000 civilians, and 80
(A) IN GENERAL.—Not later than 60 days Energy Defense Act (50 U.S.C. 2565 et seq.) is percent of those forced to flee are women and
after the date of the enactment of this Act, amended by adding at the end the following children.
and quarterly thereafter for the following 2 new section: (2) Since regaining control of Afghanistan
years, the Agency Coordination Leads shall ‘‘SEC. 4312. UNIVERSITY-BASED NUCLEAR POLICY in August 2021, the Taliban have taken ac-
jointly provide a briefing to the appropriate COLLABORATION PROGRAM. tions reminiscent of their brutal rule in the
national security committees regarding ‘‘(a) PROGRAM.—The Administrator shall late 1990s, including by cracking down on
progress made in achieving the objectives de- carry out a program under which the Admin- protesters, detaining and beating journalists,
scribed in paragraph (1). istrator establishes a policy research consor- reestablishing the Ministry for the Pro-
ctelli on DSK11ZRN23PROD with SENATE
(B) ELEMENTS.—The briefings required tium of institutions of higher education and motion of Virtue and Prevention of Vice, and
under subparagraph (A) shall include— nonprofit entities in support of imple- requiring women to study at universities in
(i) an update on the investigation into menting and innovating the defense nuclear gender-segregated classrooms while wearing
anomalous health incidents impacting policy programs of the Administration. The Islamic attire.
United States Government personnel and Administrator shall establish and carry out (3) Until the Taliban assumed control of
their family members, including technical such program in a manner similar to the pro- the country in August 2021, the women and
causation and suspected perpetrators; gram established under section 4814. girls of Afghanistan had achieved much since
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8103
2001, even as insecurity, poverty, under- and forced marriage and barriers to access- States Agency for International Develop-
development, and patriarchal norms contin- ing safe health services and information. ment should work to ensure that Afghan
ued to limit their rights and opportunities in (b) SENSE OF CONGRESS.—It is the sense of women are employed and enabled to work in
much of Afghanistan. Congress that— the delivery of humanitarian assistance in
(4) Through strong support from the United (1) since 2001, organizations and networks Afghanistan, to the extent practicable.
States and the international community— promoting the empowerment of women and (e) REPORT ON WOMEN AND GIRLS IN AF-
(A) female enrollment in public schools in girls have been important engines of social, GHANISTAN.—
Afghanistan continued to increase through economic, and political development in Af- (1) IN GENERAL.—Not later than 180 days
2015, with an estimated high of 50 percent of ghanistan; after the date of the enactment of this Act,
school age girls attending; and (2) any future political order in Afghani- and every 180 days thereafter through 2024,
(B) by 2019— stan should secure the political, economic, the Secretary of State shall submit to the
(i) women held political leadership posi- and social gains made by Afghan women and appropriate committees of Congress a report
tions, and women served as ambassadors; and work to increase the equal treatment of that includes the following:
(ii) women served as professors, judges, women and girls and improve the safe access (A) An assessment of the status of women
for women and girls to essential services and and girls in Afghanistan following the depar-
prosecutors, defense attorneys, police, mili-
information through laws and policies per-
tary members, health professionals, journal- ture of United States and partner military
taining to public and private life;
ists, humanitarian and developmental aid forces, including with respect to access to
(3) respecting the human rights of all peo-
workers, and entrepreneurs. primary and secondary education, jobs,
ple is essential to securing lasting peace and
(5) Efforts to empower women and girls in health care, and legal protections and status.
sustainable development in Afghanistan;
Afghanistan continue to serve the national (B) An assessment of the political and civic
(4) in cooperation with international part-
interests of Afghanistan and the United participation of women and girls in Afghani-
ners, the United States must endeavor to
States because women are sources of peace stan.
preserve the hard-won gains made in Afghan-
and economic progress. (C) An assessment of the prevalence of gen-
istan during the past two decades, particu-
(6) With the return of Taliban control, the der-based violence in Afghanistan.
larly as related to the social, economic and
United States has little ability to preserve political empowerment of women and girls in (D) A report on funds for United States for-
the human rights of women and girls in Af- society; eign assistance obligated or expended during
ghanistan, and those women and girls may (5) the continued provision of humani- the period covered by the report to advance
again face the intimidation and tarian assistance in Afghanistan should be gender equality and the human rights of
marginalization they faced under the last targeted toward the most vulnerable, includ- women and girls in Afghanistan, including
Taliban regime. ing for the protection, education, and well- funds directed toward local organizations
(7) Women and girls in Afghanistan are being of women and girls; promoting the rights of women and girls.
again facing gender-based violence, includ- (6) immediate and ongoing humanitarian (2) ASSESSMENT.—
ing— needs in Afghanistan can only be met by a (A) INPUT.—The assessment described in
(A) forced marriage; humanitarian response that includes formal paragraph (1)(A) shall include the input of—
(B) intimate partner and domestic vio- agreements between local nongovernmental (i) Afghan women and girls;
lence; organizations and international partners (ii) organizations employing and working
(C) sexual harassment; that promotes the safe access and participa- with Afghan women and girls; and
(D) sexual violence, including rape; tion of female staff at all levels and across (iii) humanitarian organizations providing
(E) denial of resources; and functional roles among all humanitarian ac- assistance in Afghanistan.
(F) emotional and psychological violence. tors; and (B) SAFETY AND CONFIDENTIALITY.—In car-
(8) Gender-based violence has always been (7) a lack of aid and essential services rying out the assessment described in para-
a significant problem in Afghanistan and is would exacerbate the current humanitarian graph (1)(A), the Secretary shall, to the max-
expected to become more widespread with crisis and serve to reinforce gender inequal- imum extent practicable, ensure the safety
the Taliban in control. In 2020, even before ities and power imbalances in Afghanistan. and confidentiality of personal information
the Taliban assumed control of the country, (c) POLICY OF THE UNITED STATES REGARD- of each individual who provides information
Human Rights Watch projected that 87 per- ING THE RIGHTS OF WOMEN AND GIRLS OF AF- from within Afghanistan.
cent of Afghan women and girls will experi- GHANISTAN.— (3) DEFINITION OF APPROPRIATE COMMITTEES
ence at least one form of gender-based vio- (1) IN GENERAL.—It is the policy of the OF CONGRESS.—In this subsection, the term
lence in their lifetime, with 62 percent expe- United States— ‘‘appropriate committees of Congress’’
riencing multiple incidents of such violence. (A) to continue to support the human means—
(9) Prior to the Taliban takeover in August rights of women and girls in Afghanistan fol- (A) the Committee on Foreign Relations
2021, approximately 7,000,000 people in Af- lowing the withdrawal of the United States and the Committee on Appropriations of the
ghanistan lacked or had limited access to es- Armed Forces from Afghanistan, including Senate; and
sential health services as a result of inad- through mechanisms to hold all parties pub- (B) the Committee on Foreign Affairs and
equate public health coverage, weak health licly accountable for violations of inter- the Committee on Appropriations of the
systems, and conflict-related interruptions national humanitarian law and human rights House of Representatives.
in care. violations against women and girls; ---
(10) Women and girls faced additional chal- (B) to strongly oppose any weakening of SA 4587. Mr. CASEY (for himself, Mr.
lenges, as their access to life-saving services, the rights of women and girls in Afghani- CASSIDY, Mrs. SHAHEEN, Mrs. CAPITO,
such as emergency obstetric services, was stan;
limited due to a shortage of female medical
Ms. SMITH, Ms. MURKOWSKI, Mr. KAINE,
(C) to use the voice and influence of the
staff, cultural barriers, stigma and fears of United States at the United Nations to pro-
and Mr. GRASSLEY) submitted an
reprisals following sexual violence, or other mote, respect, and uphold the human rights amendment intended to be proposed to
barriers to mobility, including security of the women and girls of Afghanistan, in- amendment SA 3867 submitted by Mr.
fears. cluding the right to safely work; REED and intended to be proposed to
(11) Only approximately 50 percent of preg- (D) to identify individuals who violate the the bill H.R. 4350, to authorize appro-
nant women and girls in Afghanistan deliver human rights of women and girls in Afghani- priations for fiscal year 2022 for mili-
their children in a health facility with a pro- stan, as those rights are defined by inter- tary activities of the Department of
fessional attendant, which increases the risk national human rights standards, such as by
of complications in childbirth and prevent-
Defense, for military construction, and
committing acts of murder, lynching, and
able maternal mortality. grievous domestic violence against women,
for defense activities of the Depart-
(12) Food insecurity in Afghanistan is also and to press for bringing those individuals to ment of Energy, to prescribe military
posing a variety of threats to women and justice; personnel strengths for such fiscal
girls, as malnutrition weakens their immune (E) to systematically consult with Afghan year, and for other purposes; which was
systems and makes them more susceptible to women and girls on their needs and priorities ordered to lie on the table; as follows:
infections, complications during pregnancy, in the development, implementation, and
and risks during childbirth. At the end of title X, add the following:
monitoring of humanitarian action, includ-
(13) With the combined impacts of ongoing ing women and girls who are part of the Af- Subtitle H—Pregnant Workers Fairness Act
conflict and COVID–19, Afghan households ghan diaspora community; and SEC. 1071. SHORT TITLE.
increasingly resort to child marriage, forced (F) to ensure all humanitarian action is in-
ctelli on DSK11ZRN23PROD with SENATE
marriage, and child labor to address food in- This subtitle may be cited as the ‘‘Preg-
formed by—
security and other effects of extreme pov- nant Workers Fairness Act’’.
(i) a gender analysis that identifies forms
erty. of inequality and oppression; and SEC. 1072. NONDISCRIMINATION WITH REGARD
(14) In Afghanistan, the high prevalence of (ii) the collection, analysis, and use of data TO REASONABLE ACCOMMODATIONS
anemia among adolescent girls reduces their RELATED TO PREGNANCY.
disaggregated by sex and age.
ability to survive childbirth, especially when (d) HUMANITARIAN ASSISTANCE AND AFGHAN It shall be an unlawful employment prac-
coupled with high rates of child marriage WOMEN.—The Administrator of the United tice for a covered entity to—
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S8104 CONGRESSIONAL RECORD — SENATE November 15, 2021
(1) not make reasonable accommodations and (c) of section 722 of the Revised Statutes under section 1977A(a)(1) of the Revised Stat-
to the known limitations related to the preg- (42 U.S.C. 1988) shall be the powers, remedies, utes).
nancy, childbirth, or related medical condi- and procedures this subtitle provides to the (e) EMPLOYEES COVERED BY SECTION 717 OF
tions of a qualified employee, unless such Board or any person alleging such practice. THE CIVIL RIGHTS ACT OF 1964.—
covered entity can demonstrate that the ac- (3) DAMAGES.—The powers, remedies, and
(1) IN GENERAL.—The powers, remedies, and
commodation would impose an undue hard- procedures provided in section 1977A of the
procedures provided in section 717 of the
ship on the operation of the business of such Revised Statutes (42 U.S.C. 1981a), including
Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to
covered entity; the limitations contained in subsection (b)(3)
the Commission, the Attorney General, the
(2) require a qualified employee affected by of such section 1977A, shall be the powers,
Librarian of Congress, or any person alleging
pregnancy, childbirth, or related medical remedies, and procedures this subtitle pro-
a violation of that section shall be the pow-
conditions to accept an accommodation vides to the Board or any person alleging
ers, remedies, and procedures this subtitle
other than any reasonable accommodation such practice (not an employment practice
provides to the Commission, the Attorney
arrived at through the interactive process specifically excluded from coverage under
section 1977A(a)(1) of the Revised Statutes). General, the Librarian of Congress, or any
referred to in section 1075(7); person, respectively, alleging an unlawful
(3) deny employment opportunities to a (4) OTHER APPLICABLE PROVISIONS.—With
respect to a claim alleging a practice de- employment practice in violation of this
qualified employee if such denial is based on subtitle against an employee described in
the need of the covered entity to make rea- scribed in paragraph (1), title III of the Con-
gressional Accountability Act of 1995 (2 section 1075(3)(E), except as provided in para-
sonable accommodations to the known limi- graphs (2) and (3) of this subsection.
tations related to the pregnancy, childbirth, U.S.C. 1381 et seq.) shall apply in the same
manner as such title applies with respect to (2) COSTS AND FEES.—The powers, remedies,
or related medical conditions of a qualified and procedures provided in subsections (b)
employee; a claim alleging a violation of section
201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). and (c) of section 722 of the Revised Statutes
(4) require a qualified employee to take (42 U.S.C. 1988) shall be the powers, remedies,
leave, whether paid or unpaid, if another rea- (c) EMPLOYEES COVERED BY CHAPTER 5 OF
TITLE 3, UNITED STATES CODE.— and procedures this subtitle provides to the
sonable accommodation can be provided to Commission, the Attorney General, the Li-
the known limitations related to the preg- (1) IN GENERAL.—The powers, remedies, and
procedures provided in chapter 5 of title 3, brarian of Congress, or any person alleging
nancy, childbirth, or related medical condi- such practice.
tions of a qualified employee; or United States Code, to the President, the
Commission, the Merit Systems Protection (3) DAMAGES.—The powers, remedies, and
(5) take adverse action in terms, condi- procedures provided in section 1977A of the
Board, or any person alleging a violation of
tions, or privileges of employment against a Revised Statutes (42 U.S.C. 1981a), including
section 411(a)(1) of such title shall be the
qualified employee on account of the em- the limitations contained in subsection (b)(3)
powers, remedies, and procedures this sub-
ployee requesting or using a reasonable ac- of such section 1977A, shall be the powers,
title provides to the President, the Commis-
commodation to the known limitations re- remedies, and procedures this subtitle pro-
sion, the Board, or any person, respectively,
lated to the pregnancy, childbirth, or related vides to the Commission, the Attorney Gen-
alleging an unlawful employment practice in
medical conditions of the employee. eral, the Librarian of Congress, or any per-
violation of this subtitle against an em-
SEC. 1073. REMEDIES AND ENFORCEMENT. ployee described in section 1075(3)(C), except son alleging such practice (not an employ-
(a) EMPLOYEES COVERED BY TITLE VII OF as provided in paragraphs (2) and (3) of this ment practice specifically excluded from
THE CIVIL RIGHTS ACT OF 1964.— subsection. coverage under section 1977A(a)(1) of the Re-
(1) IN GENERAL.—The powers, remedies, and (2) COSTS AND FEES.—The powers, remedies, vised Statutes).
procedures provided in sections 705, 706, 707, and procedures provided in subsections (b) (f) PROHIBITION AGAINST RETALIATION.—
709, 710, and 711 of the Civil Rights Act of and (c) of section 722 of the Revised Statutes (1) IN GENERAL.—No person shall discrimi-
1964 (42 U.S.C. 2000e–4 et seq.) to the Commis- (42 U.S.C. 1988) shall be the powers, remedies, nate against any employee because such em-
sion, the Attorney General, or any person al- and procedures this subtitle provides to the ployee has opposed any act or practice made
leging a violation of title VII of such Act (42 President, the Commission, the Board, or unlawful by this subtitle or because such em-
U.S.C. 2000e et seq.) shall be the powers, rem- any person alleging such practice. ployee made a charge, testified, assisted, or
edies, and procedures this subtitle provides (3) DAMAGES.—The powers, remedies, and participated in any manner in an investiga-
to the Commission, the Attorney General, or procedures provided in section 1977A of the tion, proceeding, or hearing under this sub-
any person, respectively, alleging an unlaw- Revised Statutes (42 U.S.C. 1981a), including title.
ful employment practice in violation of this the limitations contained in subsection (b)(3) (2) PROHIBITION AGAINST COERCION.—It shall
subtitle against an employee described in of such section 1977A, shall be the powers, be unlawful to coerce, intimidate, threaten,
section 1075(3)(A) except as provided in para- remedies, and procedures this subtitle pro- or interfere with any individual in the exer-
graphs (2) and (3) of this subsection. vides to the President, the Commission, the cise or enjoyment of, or on account of such
(2) COSTS AND FEES.—The powers, remedies, Board, or any person alleging such practice individual having exercised or enjoyed, or on
and procedures provided in subsections (b) (not an employment practice specifically ex- account of such individual having aided or
and (c) of section 722 of the Revised Statutes cluded from coverage under section encouraged any other individual in the exer-
(42 U.S.C. 1988) shall be the powers, remedies, 1977A(a)(1) of the Revised Statutes). cise or enjoyment of, any right granted or
and procedures this subtitle provides to the (d) EMPLOYEES COVERED BY GOVERNMENT
protected by this subtitle.
Commission, the Attorney General, or any EMPLOYEE RIGHTS ACT OF 1991.—
(3) REMEDY.—The remedies and procedures
person alleging such practice. (1) IN GENERAL.—The powers, remedies, and
otherwise provided for under this section
(3) DAMAGES.—The powers, remedies, and procedures provided in sections 302 and 304 of
shall be available to aggrieved individuals
procedures provided in section 1977A of the the Government Employee Rights Act of 1991
with respect to violations of this subsection.
Revised Statutes (42 U.S.C. 1981a), including (42 U.S.C. 2000e–16b; 2000e–16c) to the Com-
the limitations contained in subsection (b)(3) mission or any person alleging a violation of (g) LIMITATION.—Notwithstanding sub-
of such section 1977A, shall be the powers, section 302(a)(1) of such Act (42 U.S.C. 2000e– sections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3),
remedies, and procedures this subtitle pro- 16b(a)(1)) shall be the powers, remedies, and if an unlawful employment practice involves
vides to the Commission, the Attorney Gen- procedures this subtitle provides to the Com- the provision of a reasonable accommodation
eral, or any person alleging such practice mission or any person, respectively, alleging pursuant to this subtitle or regulations im-
(not an employment practice specifically ex- an unlawful employment practice in viola- plementing this subtitle, damages may not
cluded from coverage under section tion of this subtitle against an employee de- be awarded under section 1977A of the Re-
1977A(a)(1) of the Revised Statutes). scribed in section 1075(3)(D), except as pro- vised Statutes (42 U.S.C. 1981a) if the covered
(b) EMPLOYEES COVERED BY CONGRESSIONAL vided in paragraphs (2) and (3) of this sub- entity demonstrates good faith efforts, in
ACCOUNTABILITY ACT OF 1995.— section. consultation with the employee with known
(1) IN GENERAL.—The powers, remedies, and (2) COSTS AND FEES.—The powers, remedies, limitations related to pregnancy, childbirth,
procedures provided in the Congressional Ac- and procedures provided in subsections (b) or related medical conditions who has in-
countability Act of 1995 (2 U.S.C. 1301 et seq.) and (c) of section 722 of the Revised Statutes formed the covered entity that accommoda-
to the Board (as defined in section 101 of (42 U.S.C. 1988) shall be the powers, remedies, tion is needed, to identify and make a rea-
such Act (2 U.S.C. 1301)) or any person alleg- and procedures this subtitle provides to the sonable accommodation that would provide
ing a violation of section 201(a)(1) of such Commission or any person alleging such such employee with an equally effective op-
Act (2 U.S.C. 1311(a)(1)) shall be the powers, practice. portunity and would not cause an undue
remedies, and procedures this subtitle pro- (3) DAMAGES.—The powers, remedies, and hardship on the operation of the covered en-
vides to the Board or any person, respec- procedures provided in section 1977A of the tity.
ctelli on DSK11ZRN23PROD with SENATE
tively, alleging an unlawful employment Revised Statutes (42 U.S.C. 1981a), including
SEC. 1074. RULEMAKING.
practice in violation of this subtitle against the limitations contained in subsection (b)(3)
an employee described in section 1075(3)(B), of such section 1977A, shall be the powers, Not later than 2 years after the date of en-
except as provided in paragraphs (2) and (3) remedies, and procedures this subtitle pro- actment of this Act, the Commission shall
of this subsection. vides to the Commission or any person alleg- issue regulations in an accessible format in
(2) COSTS AND FEES.—The powers, remedies, ing such practice (not an employment prac- accordance with subchapter II of chapter 5 of
and procedures provided in subsections (b) tice specifically excluded from coverage title 5, United States Code, to carry out this
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8105
subtitle. Such regulations shall provide ex- SEC. 1076. WAIVER OF STATE IMMUNITY. (b) SENSE OF CONGRESS.—It is the sense of
amples of reasonable accommodations ad- A State shall not be immune under the Congress that—
dressing known limitations related to preg- 11th Amendment to the Constitution from an (1) the punishment of Russia for persistent
nancy, childbirth, or related medical condi- action in a Federal or State court of com- decades-long state-run doping fraud by the
tions. petent jurisdiction for a violation of this international sport governance structure has
subtitle. In any action against a State for a been insufficient and Russia’s competing sta-
SEC. 1075. DEFINITIONS. violation of this subtitle, remedies (includ- tus as ‘‘ROC’’ at Tokyo 2020 demonstrates to
As used in this subtitle— ing remedies both at law and in equity) are authoritarian states around the world that
(1) the term ‘‘Commission’’ means the available for such a violation to the same ex- systematic doping will be tolerated; and
tent as such remedies are available for such (2) aggressive enforcement of the
Equal Employment Opportunity Commis-
a violation in an action against any public or Rodchenkov Anti-Doping Act of 2019 (21
sion;
private entity other than a State. U.S.C. 2401 et seq.) can create the deterrent
(2) the term ‘‘covered entity’’—
SEC. 1077. RELATIONSHIP TO OTHER LAWS. required to curb doping fraud as the Foreign
(A) has the meaning given the term ‘‘re-
spondent’’ in section 701(n) of the Civil Nothing in this subtitle shall be con- Corrupt Practices Act of 1977 (15 U.S.C. 78dd–
strued— 1 et seq.) curbed foreign bribery and the De-
Rights Act of 1964 (42 U.S.C. 2000e(n)); and
(1) to invalidate or limit the powers, rem- partment of Justice and the Federal Bureau
(B) includes—
edies, and procedures under any Federal law of Investigation should prioritize enforce-
(i) an employer, which means a person en-
or law of any State or political subdivision ment of the Rodchenkov Anti-Doping Act of
gaged in industry affecting commerce who
of any State or jurisdiction that provides 2019 (21 U.S.C. 2401 et seq.).
has 15 or more employees as defined in sec-
greater or equal protection for individuals (c) PREDICATE OFFENSES.—Part I of title 18,
tion 701(b) of title VII of the Civil Rights Act
affected by pregnancy, childbirth, or related United States Code, is amended—
of 1964 (42 U.S.C. 2000e(b));
medical conditions; or (1) in section 1956(c)(7)(D)—
(ii) an employing office, as defined in sec-
(2) by regulation or otherwise, to require (A) by striking ‘‘or section 104(a)’’ and in-
tion 101 of the Congressional Accountability
an employer-sponsored health plan to pay for serting ‘‘section 104(a)’’; and
Act of 1995 (2 U.S.C. 1301) and section 411(c) of
or cover any particular item, procedure, or (B) by inserting after ‘‘North Korea)’’ the
title 3, United States Code;
treatment or to affect any right or remedy following: ‘‘, or section 3 of the Rodchenkov
(iii) an entity employing a State employee
available under any other Federal, State, or Anti-Doping Act of 2019 (21 U.S.C. 2402) (re-
described in section 304(a) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e– local law with respect to any such payment lating to prohibited activities with respect
16c(a)); and or coverage requirement. to major international doping fraud conspir-
(iv) an entity to which section 717(a) of the SEC. 1078. SEVERABILITY. acies)’’; and
Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) If any provision of this subtitle or the ap- (2) in section 1961(1)—
applies; plication of that provision to particular per- (A) by striking ‘‘or (G) any act’’ and insert-
(3) the term ‘‘employee’’ means— sons or circumstances is held invalid or ing ‘‘(G) any act’’; and
(A) an employee (including an applicant), found to be unconstitutional, the remainder (B) by inserting after ‘‘section
of this subtitle and the application of that 2332(b)(g)(5)(B)’’ the following: ‘‘, or (H) any
as defined in section 701(f) of the Civil Rights
provision to other persons or circumstances act that is indictable under section 3 of the
Act of 1964 (42 U.S.C. 2000e(f));
shall not be affected. Rodchenkov Anti-Doping Act of 2019 (21
(B) a covered employee (including an appli-
cant), as defined in section 101 of the Con- U.S.C. 2402)’’.
SA 4588. Mr. SANDERS submitted an (d) LIMITATION.—An athlete (as defined in
gressional Accountability Act of 1995 (2
amendment intended to be proposed to section 2 of the Rodchenkov Anti-Doping Act
U.S.C. 1301);
amendment SA 3867 submitted by Mr. of 2019 (21 U.S.C. 2401)) may not be pros-
(C) a covered employee (including an appli-
REED and intended to be proposed to ecuted for any offense for which a violation
cant), as defined in section 411(c) of title 3,
the bill H.R. 4350, to authorize appro- of section 3 of the Rodchenkov Anti-Doping
United States Code;
Act of 2019 (21 U.S.C. 2402) was the predicate
(D) a State employee (including an appli- priations for fiscal year 2022 for mili-
offense, including under section 371, 1952,
cant) described in section 304(a) of the Gov- tary activities of the Department of 1956, or 1957 or chapter 96 of title 18, United
ernment Employee Rights Act of 1991 (42 Defense, for military construction, and States Code.
U.S.C. 2000e–16c(a)); or for defense activities of the Depart-
(E) an employee (including an applicant) to ment of Energy, to prescribe military SA 4590. Mr. WHITEHOUSE sub-
which section 717(a) of the Civil Rights Act
personnel strengths for such fiscal mitted an amendment intended to be
of 1964 (42 U.S.C. 2000e–16(a)) applies;
(4) the term ‘‘person’’ has the meaning year, and for other purposes; which was proposed to amendment SA 3867 sub-
given such term in section 701(a) of the Civil ordered to lie on the table; as follows: mitted by Mr. REED and intended to be
Rights Act of 1964 (42 U.S.C. 2000e(a)); At the end of subtitle G of title X, add the proposed to the bill H.R. 4350, to au-
(5) the term ‘‘known limitation’’ means following: thorize appropriations for fiscal year
physical or mental condition related to, af- SEC. 1064. REQUIREMENT OF DENTAL CLINIC OF 2022 for military activities of the De-
fected by, or arising out of pregnancy, child- DEPARTMENT OF VETERANS AF-
FAIRS IN EACH STATE.
partment of Defense, for military con-
birth, or related medical conditions that the struction, and for defense activities of
employee or employee’s representative has (a) IN GENERAL.—The Secretary of Vet-
erans Affairs shall ensure that each State the Department of Energy, to prescribe
communicated to the employer whether or
not such condition meets the definition of has a dental clinic of the Department of Vet- military personnel strengths for such
disability specified in section 3 of the Ameri- erans Affairs to service the needs of the vet- fiscal year, and for other purposes;
cans with Disabilities Act of 1990 (42 U.S.C. erans within that State. which was ordered to lie on the table;
(b) EFFECTIVE DATE.—This section shall as follows:
12102);
take effect on the date that is one year after
(6) the term ‘‘qualified employee’’ means At the end of subtitle F of title X, add the
the date of the enactment of this Act.
an employee or applicant who, with or with- following:
out reasonable accommodation, can perform SA 4589. Mr. WHITEHOUSE sub- SEC. 1054. REPORT ON NAVY PLAN TO ADDRESS
the essential functions of the employment ILLEGAL, UNREPORTED, AND UN-
mitted an amendment intended to be REGULATED (IUU) FISHING IN EDU-
position, except that an employee or appli-
cant shall be considered qualified if— proposed to amendment SA 3867 sub- CATIONAL CURRICULUM.
(A) any inability to perform an essential mitted by Mr. REED and intended to be Not later than 180 days after the date of
function is for a temporary period; proposed to the bill H.R. 4350, to au- the enactment of this Act, the Secretary of
(B) the essential function could be per- thorize appropriations for fiscal year the Navy shall submit to the congressional
formed in the near future; and 2022 for military activities of the De- defense committees a report on the Depart-
(C) the inability to perform the essential partment of Defense, for military con- ment of the Navy’s current and future plans
function can be reasonably accommodated; for addressing illegal, unreported, and un-
struction, and for defense activities of
and regulated (IUU) fishing in educational cur-
the Department of Energy, to prescribe riculum, including a detailed description of
(7) the terms ‘‘reasonable accommodation’’
military personnel strengths for such the current and future inclusion of IUU fish-
and ‘‘undue hardship’’ have the meanings
given such terms in section 101 of the Ameri- fiscal year, and for other purposes; ing in the Navy’s training and educational
cans with Disabilities Act of 1990 (42 U.S.C. which was ordered to lie on the table; curricula throughout its schools, including
ctelli on DSK11ZRN23PROD with SENATE
12111) and shall be construed as such terms as follows: the Naval War College and the United States
are construed under such Act and as set At the appropriate place in title X, insert Naval Academy.
forth in the regulations required by this sub- the following:
title, including with regard to the inter- SEC. lll. GOLD ACT. SA 4591. Mr. THUNE submitted an
active process that will typically be used to (a) SHORT TITLE.—This section may be amendment intended to be proposed by
determine an appropriate reasonable accom- cited as the ‘‘Guarantee Oversight and Liti- him to the bill H.R. 4350, to authorize
modation. gation on Doping Act’’ or the ‘‘GOLD Act’’. appropriations for fiscal year 2022 for
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S8106 CONGRESSIONAL RECORD — SENATE November 15, 2021
military activities of the Department REED and intended to be proposed to SEC. lll. ESTABLISHMENT OF STRUCTURE
AND AUTHORITIES TO ADDRESS UN-
of Defense, for military construction, the bill H.R. 4350, to authorize appro- IDENTIFIED AERIAL PHENOMENA.
and for defense activities of the De- priations for fiscal year 2022 for mili-
partment of Energy, to prescribe mili- tary activities of the Department of (a) ESTABLISHMENT OF ANOMALY SURVEIL-
LANCE AND RESOLUTION OFFICE.—
tary personnel strengths for such fiscal Defense, for military construction, and
(1) IN GENERAL.—Not later than 180 days
year, and for other purposes; which was for defense activities of the Depart- after the date of the enactment of this Act,
ordered to lie on the table; as follows: ment of Energy, to prescribe military the Secretary of Defense shall, in coordina-
At the appropriate place in title X, insert personnel strengths for such fiscal tion with the Director of National Intel-
the following: year, and for other purposes; which was ligence, establish an office within an appro-
SEC. lll. DEVELOPMENT AND TESTING OF DY- ordered to lie on the table; as follows: priate component of the Department of De-
NAMIC SCHEDULING AND MANAGE- fense, or within a joint organization of the
MENT OF SPECIAL ACTIVITY AIR- At the end of subtitle A of title VII, add
the following: Department of Defense and the Office of the
SPACE. Director of National Intelligence, to as-
(a) SENSE OF CONGRESS ON SPECIAL ACTIV- SEC. 704. IMPLEMENTATION OF INTEGRATED sume—
ITY AIRSPACE SCHEDULING AND MANAGE- PRODUCT FOR MANAGEMENT OF
POPULATION HEALTH ACROSS MILI-
(A) the duties of the Unidentified Aerial
MENT.—It is the sense of Congress that— Phenomenon Task Force, as in effect on the
TARY HEALTH SYSTEM.
(1) where it does not conflict with safety, day before the date of the enactment of this
dynamic scheduling and management of spe- (a) IN GENERAL.—The Secretary of Defense
Act; and
cial activity airspace (also referred to as shall develop and implement an integrated
(B) such other duties as are required by
‘‘dynamic airspace’’) is expected to optimize product for the management of population
this section.
the use of the national airspace system for health across the military health system,
(2) DESIGNATION.—The office established
all stakeholders; and which shall be designed—
under paragraph (1) shall be known as the
(2) the Administrator of the Federal Avia- (1) to serve as a repository for the health
‘‘Anomaly Surveillance and Resolution Of-
tion Administration and the Secretary of De- care, demographic, and other relevant data
fice’’ (in this section referred to as the ‘‘Of-
fense should take such actions as may be of all covered beneficiaries, including with
fice’’).
necessary to support ongoing efforts to de- respect to data on health care services fur-
(3) TERMINATION OR SUBORDINATION OF
velop dynamic scheduling and management nished to such beneficiaries through the pur-
PRIOR TASK FORCE.—Upon the establishment
of special activity airspace, including— chased care and direct care components of
of the Anomaly Surveillance and Resolution
(A) the continuation of formal partner- the TRICARE program;
Office, the Secretary shall terminate the Un-
ships between the Federal Aviation Adminis- (2) to be compatible with the electronic
identified Aerial Phenomenon Task Force or
tration and the Department of Defense that health record system maintained by the Sec-
subordinate it to the Office.
focus on special activity airspace, future air- retary of Defense for members of the Armed
space needs, and joint solutions; and Forces; (b) FACILITATION OF REPORTING AND DATA
(B) maturing research within their feder- (3) to enable the coordinated case manage- SHARING.—The Director and the Secretary
ally funded research and development cen- ment of covered beneficiaries with respect to shall each, in coordination with each other,
ters, Federal partner agencies, and the avia- health care services furnished to such bene- require that—
tion community. ficiaries at military medical treatment fa- (1) each element of the intelligence com-
(b) PILOT PROGRAM.— cilities and at private sector facilities munity and the Department, with any data
(1) PILOT PROGRAM REQUIRED.—Not later through health care providers contracted by that may be relevant to the investigation of
than 90 days after the date of the enactment the Department of Defense; unidentified aerial phenomena, make such
of this Act, the Administrator of the Federal (4) to enable the collection and stratifica- data available immediately to the Office;
Aviation Administration, in coordination tion of data from multiple sources to meas- and
with the Secretary of Defense, shall estab- ure population health goals, facilitate dis- (2) military and civilian personnel em-
lish a pilot program on developing and test- ease management programs of the Depart- ployed by or under contract to the Depart-
ing dynamic management of special activity ment, improve patient education, and inte- ment or an element of the intelligence com-
airspace supported by efficient scheduling grate wellness services across the military munity shall have access to procedures by
capabilities. health system; and which they shall report incidents or informa-
(2) TESTING OF SPECIAL ACTIVITY AIRSPACE (5) to enable predictive modeling to im- tion, including adverse physiological effects,
SCHEDULING AND MANAGEMENT.—Under the prove health outcomes for patients and to fa- involving or associated with unidentified
pilot program established under paragraph cilitate the identification and correction of aerial phenomena directly to the Office.
(1), the Administrator and the Secretary medical errors in the treatment of patients, (c) DUTIES.—The duties of the Office estab-
shall jointly test not fewer than three areas issues regarding the quality of health care
lished under subsection (a) shall include the
of special activity airspace designated by the services provided, and gaps in health care
following:
Federal Aviation Administration for use by coverage.
(1) Developing procedures to synchronize
the Department of Defense, of which— (b) DEFINITIONS.—In this section: and standardize the collection, reporting,
(A) at least one shall be over coastal (1) COVERED BENEFICIARY; TRICARE PRO- and analysis of incidents, including adverse
waters of the United States; and GRAM.—The terms ‘‘covered beneficiary’’ and
physiological effects, regarding unidentified
(B) at least two shall be over land of the ‘‘TRICARE program’’ have the meanings aerial phenomena across the Department and
United States. given such terms in section 1072 of title 10, in consultation with the intelligence com-
(c) REPORT.—Not less than two years after United States Code. munity.
the date of the establishment of the pilot (2) INTEGRATED PRODUCT.—The term ‘‘inte- (2) Developing processes and procedures to
program under subsection (b)(1), the Admin- grated product’’ means an electronic system ensure that such incidents from each compo-
istrator and Secretary shall submit to the of systems (or solutions or products) that nent of the Department and each element of
following congressional committees a report provides for the integration and sharing of the intelligence community are reported and
on the interim results of the pilot program: data to meet the needs of an end user in a incorporated in a centralized repository.
(1) The Committee on Commerce, Science, timely and cost effective manner. (3) Establishing procedures to require the
and Transportation and the Committee on timely and consistent reporting of such inci-
Armed Services of the Senate. SA 4593. Mrs. GILLIBRAND (for her- dents.
(2) The Committee on Transportation and self, Mr. RUBIO, and Mr. HEINRICH) sub- (4) Evaluating links between unidentified
Infrastructure, the Committee on Science, mitted an amendment intended to be aerial phenomena and adversarial foreign
Space, and Technology, and the Committee governments, other foreign governments, or
on Armed Services of the House of Rep-
proposed to amendment SA 3867 sub-
mitted by Mr. REED and intended to be nonstate actors.
resentatives. (5) Evaluating the threat that such inci-
(d) DEFINITION OF SPECIAL ACTIVITY AIR- proposed to the bill H.R. 4350, to au- dents present to the United States.
SPACE.—In this section, the term ‘‘special ac- thorize appropriations for fiscal year (6) Consulting with other departments and
tivity airspace’’ means the following air- 2022 for military activities of the De- agencies of the Federal Government, as ap-
space with defined dimensions within the Na- partment of Defense, for military con- propriate, including the Federal Aviation
tional Airspace System wherein limitations struction, and for defense activities of Administration, the National Aeronautics
may be imposed upon aircraft operations: the Department of Energy, to prescribe and Space Administration, the Department
ctelli on DSK11ZRN23PROD with SENATE
(1) Restricted areas. of Homeland Security, the National Oceanic
(2) Military operations areas.
military personnel strengths for such
fiscal year, and for other purposes; and Atmospheric Administration, and the
(3) Air Traffic Control assigned airspace. Department of Energy.
which was ordered to lie on the table; (7) Consulting with allies and partners of
SA 4592. Mr. BLUNT submitted an as follows: the United States, as appropriate, to better
amendment intended to be proposed to At the appropriate place in title XV, insert assess the nature and extent of unidentified
amendment SA 3867 submitted by Mr. the following: aerial phenomena.
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8107
(8) Preparing reports for Congress, in both ommendation of the Secretary, shall assign (N) The names of the line organizations
classified and unclassified form, as required an appropriate level of priority within the that have been designated to perform the
by subsections (h) and (i). National Intelligence Priorities Framework specific functions imposed by subsections (d)
(d) EMPLOYMENT OF LINE ORGANIZATIONS to the requirement to understand, charac- and (e) of this section, and the specific func-
FOR FIELD INVESTIGATIONS OF UNIDENTIFIED terize, and respond to unidentified aerial tions for which each such line organization
AERIAL PHENOMENA.— phenomena. has been assigned primary responsibility.
(1) IN GENERAL.—The Secretary shall, in co- (i) USE OF AUTHORIZED AND APPROPRIATED (3) FORM.— Each report submitted under
ordination with the Director, designate line FUNDS.—The obtaining and analysis of data paragraph (1) shall be submitted in unclassi-
organizations within the Department of De- relating to unidentified aerial phenomena is fied form, but may include a classified
fense and the intelligence community that a legitimate use of funds authorized and ap- annex.
possess appropriate expertise, authorities, propriated to Department and elements of (k) SEMIANNUAL BRIEFINGS.—
accesses, data, systems, platforms, and capa- the intelligence community for— (1) IN GENERAL.—Not later than 90 days
bilities to rapidly respond to, and conduct (1) general intelligence gathering and in- after the date of the enactment of this Act
field investigations of, incidents involving telligence analysis; and and not less frequently than semiannually
unidentified aerial phenomena under the di- (2) strategic defense, space defense, defense thereafter until December 31, 2026, the head
rection of the Office. of controlled air space, defense of ground, of the Office shall provide the classified
(2) PERSONNEL, EQUIPMENT, AND RE- air, or naval assets, and related purposes. briefings on unidentified aerial phenomena
SOURCES.—The Secretary, in coordination to—
(j) ANNUAL REPORT.— (A) the Committee on Armed Services and
with the Director, shall take such actions as (1) REQUIREMENT.—Not later than October
may be necessary to ensure that the des- the Select Committee on Intelligence of the
31, 2022, and annually thereafter until Octo- Senate; and
ignated organization or organizations have ber 31, 2026, the Secretary in consultation
available adequate personnel with requisite (B) the Committee on Armed Services and
with the Director, shall submit to the appro- the Permanent Select Committee on Intel-
expertise, equipment, transportation, and priate committees of Congress a report on
other resources necessary to respond rapidly ligence of the House of Representatives.
unidentified aerial phenomena. (2) FIRST BRIEFING.—The first briefing pro-
to incidents or patterns of observations of (2) ELEMENTS.—Each report under para-
unidentified aerial phenomena of which the vided under paragraph (1) shall include all
graph (1) shall include, with respect to the incidents involving unidentified aerial phe-
Office becomes aware. year covered by the report, the following in-
(e) UTILIZATION OF LINE ORGANIZATIONS FOR nomena that were reported to the Unidenti-
formation: fied Aerial Phenomena Task Force or to the
SCIENTIFIC, TECHNOLOGICAL, AND OPER-
(A) An analysis of data and intelligence re- Office after June 24, 2021, regardless of the
ATIONAL ANALYSES OF DATA ON UNIDENTIFIED
ceived through reports of unidentified aerial date of occurrence of the incident.
AERIAL PHENOMENA.—
phenomena. (3) SUBSEQUENT BRIEFINGS.—Each briefing
(1) IN GENERAL.—The Secretary, in coordi-
(B) An analysis of data relating to uniden- provided subsequent to the first briefing de-
nation with the Director, shall designate one
tified aerial phenomena collected through— scribed in paragraph (2) shall include, at a
or more line organizations that will be pri-
(i) geospatial intelligence minimum, all events relating to unidentified
marily responsible for scientific, technical,
(ii) signals intelligence; aerial phenomena that occurred during the
and operational analysis of data gathered by
(iii) human intelligence; and previous 180 days, and events relating to un-
field investigations conducted under sub-
(iv) measurement and signals intelligence. identified aerial phenomena that were not
section (d), or data from other sources, in-
(C) The number of reported incidents of un- included in an earlier briefing due to delay
cluding testing of materials, medical studies,
identified aerial phenomena over restricted in an incident reaching the reporting system
and development of theoretical models to
air space of the United States. or other such factors.
better understand and explain unidentified
(D) An analysis of such incidents identified (4) INSTANCES IN WHICH DATA WAS NOT
aerial phenomena.
under subparagraph (C). SHARED.—For each briefing period, the Chair-
(2) AUTHORITY.—The Secretary and the Di-
(E) Identification of potential aerospace or man and Vice Chairman or Ranking Member
rector shall promulgate such directives as
other threats posed by unidentified aerial of the Committee on Armed Services and the
necessary to ensure that the designated line
phenomena to the national security of the Select Committee on Intelligence of the Sen-
organizations have authority to draw on spe-
United States. ate and the Committee on Armed Services
cial expertise of persons outside the Federal
(F) An assessment of any activity regard- and the Permanent Select Committee on In-
Government with appropriate security clear-
ing unidentified aerial phenomena that can telligence of the House of Representatives
ances.
(f) INTELLIGENCE COLLECTION AND ANALYSIS be attributed to one or more adversarial for- shall receive an enumeration of any in-
PLAN.— eign governments. stances in which data related to unidentified
(1) IN GENERAL.—The head of the Office (G) Identification of any incidents or pat- aerial phenomena was denied to the Office
shall supervise the development and execu- terns regarding unidentified aerial phe- because of classification restrictions on that
tion of an intelligence collection and anal- nomena that indicate a potential adversarial data or for any other reason.
ysis plan on behalf of the Secretary and the foreign government may have achieved a (l) AERIAL AND TRANSMEDIUM PHENOMENA
Director to gain as much knowledge as pos- breakthrough aerospace capability. ADVISORY COMMITTEE.—
sible regarding the technical and operational (H) An update on the coordination by the (1) ESTABLISHMENT.—(A) Not later than Oc-
characteristics, origins, and intentions of United States with allies and partners on ef- tober 1, 2022, the Secretary and the Director
unidentified aerial phenomena, including the forts to track, understand, and address un- shall establish an advisory committee for
development, acquisition, deployment, and identified aerial phenomena. the purpose of—
operation of technical collection capabilities (I) An update on any efforts to capture or (i) advising the Office in the execution of
necessary to detect, identify, and scientif- exploit discovered unidentified aerial phe- the duties of the Office as provided by this
ically characterize unidentified aerial phe- nomena. subsection; and
nomena. (J) An assessment of any health-related ef- (ii) advising the Secretary and the Director
(2) USE OF RESOURCES AND CAPABILITIES.—In fects for individuals who have encountered regarding the gathering and analysis of data,
developing the plan required by paragraph unidentified aerial phenomena. and scientific research and development per-
(1), the head of the Office shall consider and (K) The number of reported incidents, and taining to unidentified aerial phenomena.
propose, as appropriate, the use of any re- descriptions thereof, of unidentified aerial (B) The advisory committee established
source, capability, asset, or process of the phenomena associated with military nuclear under subparagraph (A) shall be known as
Department and the intelligence commu- assets, including strategic nuclear weapons the ‘‘Aerial and Transmedium Phenomena
nity. and nuclear-powered ships and submarines. Advisory Committee’’ (in this subparagraph
(g) SCIENCE PLAN.—The head of the Office (L) In consultation with the Administrator the ‘‘Committee’’).
shall supervise the development and execu- of the National Nuclear Security Adminis- (2) MEMBERSHIP.—(A) Subject to subpara-
tion of a science plan on behalf of the Sec- tration, the number of reported incidents, graph (B), the Committee shall be composed
retary and the Director to develop and test, and descriptions thereof, of unidentified aer- of members as follows:
as practicable, scientific theories to account ial phenomena associated with facilities or (i) 20 members selected by the Secretary as
for characteristics and performance of un- assets associated with the production, trans- follows:
identified aerial phenomena that exceed the portation, or storage of nuclear weapons or (I) Three members selected from among in-
known state of the art in science or tech- components thereof. dividuals recommended by the Adminis-
nology, including in the areas of propulsion, (M) In consultation with the Chairman of trator of the National Astronautics and
aerodynamic control, signatures, structures, the Nuclear Regulatory Commission, the Space Administration.
ctelli on DSK11ZRN23PROD with SENATE
materials, sensors, countermeasures, weap- number of reported incidents, and descrip- (II) Two members selected from among in-
ons, electronics, and power generation, and tions thereof, of unidentified aerial phe- dividuals recommended by the Adminis-
to provide the foundation for potential fu- nomena or drones of unknown origin associ- trator of the Federal Aviation Administra-
ture investments to replicate any such ad- ated with nuclear power generating stations, tion.
vanced characteristics and performance. nuclear fuel storage sites, or other sites or (III) Two members selected from among in-
(h) ASSIGNMENT OF PRIORITY.—The Direc- facilities regulated by the Nuclear Regu- dividuals recommended by the President of
tor, in consultation with, and with the rec- latory Commission. the National Academies of Sciences.
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S8108 CONGRESSIONAL RECORD — SENATE November 15, 2021
(IV) Two members selected from among in- a report summarizing its activities and rec- space relating to the mission of the foreign
dividuals recommended by the President of ommendations to the following: military sales program authorized by chap-
the National Academy of Engineering. (A) The Secretary. ter 2 of the Arms Export Control Act (22
(V) One member selected from among indi- (B) The Director. U.S.C. 2761 et seq.).
viduals recommended by the President of the (C) The head of the Office. (B) A projection of the impact on the for-
National Academy of Medicine. (D) The Committee on Armed Services and eign military sales mission if such require-
(VI) Three members selected from among the Select Committee on Intelligence of the ments are not met.
individuals recommended by the Director of Senate. (C) An analysis of the feasibility and advis-
the Galileo Project at Harvard University. (E) The Committee on Armed Services and ability of meeting such requirements
(VII) Two members selected from among the Permanent Select Committee on Intel- through the following alternatives:
individuals recommended by the Board of Di- ligence of the House of Representatives. (i) New construction on a military installa-
rectors of the Scientific Coalition for Un- (6) RELATION TO FACA.—For purposes of the tion.
identified Aerospace Phenomena Studies. Federal Advisory Committee Act (5 U.S.C. (ii) Leasing or other privatized alter-
(VIII) Two members selected from among App.), the Committee shall be considered an natives to obtain suitable facilities on or off
individuals recommended by the President of advisory committee (as defined in section 3 a military installation.
the American Institute of Astronautics and of such Act, except as otherwise provided in (iii) Rehabilitation of existing facilities on
Aeronautics. the section or as jointly deemed warranted a military installation.
(IX) Two members selected from among in- by the Secretary and the Director under sec- (D) With respect to each alternative ana-
tion 4(b)(3) of such Act. lyzed under subparagraph (C), an assessment
dividuals recommended by the Director of
(7) TERMINATION OF COMMITTEE.—The Com- of each of the following:
the Optical Technology Center at Montana
mittee shall terminate on the date that is (i) Costs and benefits.
State University.
six years after the date of the establishment (ii) Advantages, disadvantages, and rel-
(X) One member selected from among indi-
of the Committee. evant factors to the foreign military sales
viduals recommended by the president of the (m) DEFINITIONS.—In this section:
American Society for Photogrammetry and mission and the Air Force.
(1) The term ‘‘appropriate committees of (iii) Recommended legislative proposals to
Remote Sensing. Congress’’ means—
(ii) Up to five additional members, as the authorize the use of funds derived from
(A) the Committee on Armed Services, the charges for administrative services pursuant
Secretary, in consultation with the Director, Select Committee on Intelligence, and the
considers appropriate, selected from among to section 21(e)(1)(A) of the Arms Export
Committee on Foreign Relations of the Sen-
individuals with requisite expertise, at least Control Act (22 U.S.C. 2761(e)(1)(A)) to meet
ate; and
3 of whom shall not be employees of any Fed- the requirements identified under subpara-
(B) the Committee on Armed Services, the
eral Government agency or Federal Govern- graph (A).
Permanent Select Committee on Intel- (b) APPROPRIATE COMMITTEES OF CON-
ment contractor. ligence, and the Committee on Foreign Af-
(B) No individual may be appointed to the GRESS.—In this section, the term ‘‘appro-
fairs of the House of Representatives. priate committees of Congress’’ means—
Committee under subparagraph (A) unless (2) The term ‘‘intelligence community’’
the Secretary and the Directly jointly deter- (1) the Committee on Armed Services, the
has the meaning given such term in section Committee on Appropriations, and the Com-
mine that the individual— 3 of the National Security Act of 1947 (50
(i) qualifies for a security clearance at the mittee on Foreign Relations of the Senate;
U.S.C. 3003).
secret level or higher; and
(3) The term ‘‘transmedium objects or de-
(ii) possesses scientific, medical, or tech- (2) the Committee on Armed Services, the
vices’’ means objects or devices that are ob-
nical expertise pertinent to some aspect of Committee on Appropriations, and the Com-
served to transition between space and the
the investigation and analysis of unidenti- mittee on Foreign Affairs of the House of
atmosphere, or between the atmosphere and
fied aerial phenomena; and Representatives.
bodies of water, that are not immediately
(iii) has previously conducted research or identifiable.
writing that demonstrates scientific, techno-
SA 4595. Mr. BROWN (for himself and
(4) The term ‘‘unidentified aerial phe-
logical, or operational knowledge regarding nomena’’ means— Mr. PORTMAN) submitted an amend-
aspects of the subject matter, including pro- (A) airborne objects that are not imme- ment intended to be proposed to
pulsion, aerodynamic control, signatures, diately identifiable; amendment SA 3867 submitted by Mr.
structures, materials, sensors, counter- (B) transmedium objects or devices; and REED and intended to be proposed to
measures, weapons, electronics, power gen- (C) submerged objects or devices that are the bill H.R. 4350, to authorize appro-
eration, field investigations, forensic exam- not immediately identifiable and that dis- priations for fiscal year 2022 for mili-
ination of particular cases, analysis of open play behavior or performance characteristics tary activities of the Department of
source and classified information regarding suggesting that they may be related to the
domestic and foreign research and com- subjects described in subparagraph (A) or
Defense, for military construction, and
mentary, and historical information per- (B). for defense activities of the Depart-
taining to unidentified aerial phenomena. ment of Energy, to prescribe military
(C) The Secretary and Director may termi- SA 4594. Mr. BROWN (for himself and personnel strengths for such fiscal
nate the membership of any individual on Mr. PORTMAN) submitted an amend- year, and for other purposes; which was
the Committee upon a finding by the Sec- ment intended to be proposed to ordered to lie on the table; as follows:
retary and the Director jointly that the amendment SA 3867 submitted by Mr. At the appropriate place in title II , insert
member no longer meets the criteria speci- REED and intended to be proposed to the following:
fied in this subsection. the bill H.R. 4350, to authorize appro- SEC. 220. IDENTIFICATION OF THE HYPERSONICS
(3) CHAIRPERSON.—The Secretary shall, in priations for fiscal year 2022 for mili- FACILITIES AND CAPABILITIES OF
coordination with the Director, designate a THE MAJOR RANGE AND TEST FA-
temporary Chairperson of the Committee,
tary activities of the Department of CILITY BASE.
but at the earliest practicable date the Com- Defense, for military construction, and (a) IDENTIFICATION REQUIRED.—Not later
mittee shall elect a Chairperson from among for defense activities of the Depart- than 180 days after the date of the enactment
its members, who will serve a term of 2 ment of Energy, to prescribe military of this Act, the Secretary of Defense shall—
years, and is eligible for re-election. personnel strengths for such fiscal (1) identify each facility and capability of
(4) EXPERT ASSISTANCE, ADVICE, AND REC- year, and for other purposes; which was the Major Range and Test Facility Base that
OMMENDATIONS.—(A) The Committee may, ordered to lie on the table; as follows: is primarily concerned with the ground-
upon invitation of the head of the Office, At the end of subtitle F of title XII, add based simulation of hypersonic atmospheric
provide expert assistance or advice to any the following: flight conditions and the test and evaluation
line organization designated to carry out SEC. 1264. REPORT ON FACILITY SPACE NEEDS IN of hypersonic technology in open air flight;
field investigations or data analysis as au- SUPPORT OF FOREIGN MILITARY (2) identify such facilities and capabilities
thorized by subsections (d) and (e). SALES MISSION. that the Secretary would propose to des-
(B) The Committee, on its own initiative, (a) REPORT REQUIRED.— ignate, collectively, as the ‘‘Hypersonics Fa-
or at the request of the Director, the Sec- (1) IN GENERAL.—Not later than March 1, cility Base’’; and
retary, or the head of the Office, may provide 2022, the Secretary of the Air Force, in con- (3) identify facilities and capabilities with-
advice and recommendations regarding best sultation with the Director of the Defense in the National Aeronautics and Space Ad-
practices with respect to the gathering and Security Cooperation Agency, shall submit ministration to conduct research, develop-
ctelli on DSK11ZRN23PROD with SENATE
analysis of data on unidentified aerial phe- to the appropriate committees of Congress a ment, test, evaluation and acceptance of
nomena in general, or commentary regarding report on facility space needs in support of hypersonic airbreathing propulsion systems
specific incidents, cases, or classes of uniden- the foreign military sales mission. that the Secretary would propose to use for
tified aerial phenomena. (2) ELEMENTS.—The report required by the most efficient and effective utilization of
(5) REPORT.—Not later than December 31, paragraph (1) shall include the following: limited national aerospace test resources.
2022, and not later than December 31 of each (A) The Air Force requirements to meet (b) MAJOR RANGE AND TEST FACILITY BASE
year thereafter, the Committee shall submit the facility shortfalls for administrative DEFINED.—In this section, the term ‘‘Major
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8109
Range and Test Facility Base’’ has the SEC. 5102. DEFINITIONS. lated instruction provider as approved by a
meaning given that term in section 196(i) of In this division: registration agency;
title 10, United States Code. (1) DEPARTMENT.—The term ‘‘Department’’ (L) a Job Corps center, as defined in sec-
means the Department of Homeland Secu- tion 142 of the Workforce Innovation and Op-
SA 4596. Mr. BROWN (for himself and rity. portunity Act (29 U.S.C. 3192), provided that
Mr. SCOTT of South Carolina) sub- (2) INSTITUTION OF HIGHER EDUCATION.—The the participation of the Job Corps center is
mitted an amendment intended to be term ‘‘institution of higher education’’ has consistent with the outcomes for Job Corps
the meaning given the term in section 101 of students described in section 141 of that Act
proposed to amendment SA 3867 sub- the Higher Education Act of 1965 (20 U.S.C.
mitted by Mr. REED and intended to be (29 U.S.C. 3191);
1001). (M) a YouthBuild program, as defined in
proposed to the bill H.R. 4350, to au- (3) SECRETARY.—The term ‘‘Secretary’’
section 171(b) of the Workforce Innovation
thorize appropriations for fiscal year means the Secretary of Homeland Security.
and Opportunity Act (29 U.S.C. 3226(b)); or
2022 for military activities of the De- SEC. 5103.CYBERSECURITY APPRENTICESHIP
(N) a consortium of entities described in
partment of Defense, for military con- PILOT PROGRAM.
(a) DEFINITIONS.—In this section: any of subparagraphs (A) through (M).
struction, and for defense activities of (7) ELIGIBLE ENTITY.—The term ‘‘eligible
(1) AREA CAREER AND TECHNICAL EDUCATION
the Department of Energy, to prescribe SCHOOL.—The term ‘‘area career and tech- entity’’ means—
military personnel strengths for such nical education school’’ has the meaning (A) a sponsor;
fiscal year, and for other purposes; given the term in section 3 of the Carl D. (B) a State workforce development board
which was ordered to lie on the table; Perkins Career and Technical Education Act or State workforce agency, or a local work-
as follows: of 2006 (20 U.S.C. 2302). force development board or local workforce
(2) COMMUNITY COLLEGE.—The term ‘‘com- development agency;
At the appropriate place, insert the fol-
munity college’’ means a public institution (C) an education and training provider;
lowing:
of higher education at which the highest de- (D) a State apprenticeship agency;
SEC. lll. IMPORTANCE OF HISTORICALLY
BLACK COLLEGES AND UNIVER- gree that is predominantly awarded to stu- (E) an Indian Tribe or Tribal organization;
SITIES AND MINORITY-SERVING IN- dents is an associate’s degree, including— (F) an industry or sector partnership, a
STITUTIONS. (A) a 2-year Tribal College or University, group of employers, a trade association, or a
(a) INCREASE.—Funds authorized to be ap- as defined in section 316 of the Higher Edu- professional association that sponsors or
propriated in Research, Development, Test, cation Act of 1965 (20 U.S.C. 1059c); and participates in a program under the national
and Evaluation, Defense-wide, PE (B) a public 2-year State institution of apprenticeship system;
0601228D8Z, section 4201, for Basic Research, higher education. (G) a Governor of a State;
Historically Black Colleges and Universities/ (3) COMPETITIVE SERVICE.—The term ‘‘com- (H) a labor organization or joint labor-
Minority Institutions, Line 7, are hereby in- petitive service’’ has the meaning given the management organization; or
creased by $20,000,000. term in section 2102 of title 5, United States (I) a qualified intermediary.
(b) OFFSET.—Funding in section 4301 for Code. (8) EXCEPTED SERVICE.—The term ‘‘ex-
Operation and Maintenance, Afghanistan Se- (4) CYBER WORKFORCE POSITION.—The term cepted service’’ has the meaning given the
curity Forces Fund, Afghan Air Force, Line ‘‘cyber workforce position’’ means a position term in section 2103 of title 5, United States
090, is hereby reduced by $20,000,000. identified as having information technology, Code.
cybersecurity, or other cyber-related func- (9) LOCAL WORKFORCE DEVELOPMENT
SA 4597. Mr. BROWN submitted an tions under section 303 of the Federal Cyber- BOARD.—The term ‘‘local workforce develop-
amendment intended to be proposed to security Workforce Assessment Act of 2015 (5 ment board’’ has the meaning given the term
U.S.C. 301 note). ‘‘local board’’ in section 3 of the Workforce
amendment SA 3867 submitted by Mr. (5) EARLY COLLEGE HIGH SCHOOL; EDU-
REED and intended to be proposed to Innovation and Opportunity Act (29 U.S.C.
CATIONAL SERVICE AGENCY; LOCAL EDU-
3102).
the bill H.R. 4350, to authorize appro- CATIONAL AGENCY; SECONDARY SCHOOL; STATE
(10) MINORITY-SERVING INSTITUTION.—The
priations for fiscal year 2022 for mili- EDUCATIONAL AGENCY.—The terms ‘‘early col-
term ‘‘minority-serving institution’’ means
tary activities of the Department of lege high school’’, ‘‘educational service agen-
an institution of higher education described
Defense, for military construction, and cy’’, ‘‘local educational agency’’, ‘‘secondary
in section 371(a) of the Higher Education Act
for defense activities of the Depart- school’’, and ‘‘State educational agency’’
of 1965 (20 U.S.C. 1067q(a)).
have the meanings given those terms in sec-
ment of Energy, to prescribe military tion 8101 of the Elementary and Secondary
(11) NONPROFIT ORGANIZATION.—The term
personnel strengths for such fiscal ‘‘nonprofit organization’’ means an organiza-
Education Act of 1965 (20 U.S.C. 7801).
year, and for other purposes; which was tion that is described in section 501(c) of the
(6) EDUCATION AND TRAINING PROVIDER.—
ordered to lie on the table; as follows: The term ‘‘education and training provider’’ Internal Revenue Code of 1986 and exempt
means— from taxation under section 501(a) of such
At the appropriate place in title II, insert
(A) an area career and technical education Code.
the following:
school; (12) PROVIDER OF ADULT EDUCATION.—The
SEC. lll. ENHANCED PAY AUTHORITY FOR
(B) an early college high school; term ‘‘provider of adult education’’ has the
CERTAIN RESEARCH AND TECH-
NOLOGY POSITIONS IN THE SCIENCE (C) an educational service agency; meaning given the term ‘‘eligible provider’’
AND TECHNOLOGY REINVENTION (D) a high school; in section 203 of the Adult Education and
LABORATORIES OF THE DEPART- (E) a local educational agency or State Family Literacy Act (29 U.S.C. 3272).
MENT OF DEFENSE. (13) QUALIFIED INTERMEDIARY.—
educational agency;
Section 2358c(e)(2) of title 10, United States (F) a Tribal educational agency (as defined (A) IN GENERAL.—The term ‘‘qualified
Code, is amended by striking ‘‘five’’ and in- in section 6132 of the Elementary and Sec- intermediary’’ means an entity that dem-
serting ‘‘ten’’. ondary Education Act of 1965 (20 U.S.C. onstrates expertise in building, connecting,
7452)), Tribally controlled college or univer- sustaining, and measuring the performance
SA 4598. Ms. HASSAN (for herself and sity (as defined in section 2(a) of the Tribally of partnerships described in subparagraph (B)
Mr. CORNYN) submitted an amendment Controlled Colleges and Universities Assist- and serves program participants and employ-
intended to be proposed to amendment ance Act of 1978 (25 U.S.C. 1801(a)), or Trib- ers by—
SA 3867 submitted by Mr. REED and in- ally controlled postsecondary career and (i) connecting employers to programs
tended to be proposed to the bill H.R. technical institution (as defined in section 3 under the national apprenticeship system;
of the Carl D. Perkins Career and Technical (ii) assisting in the design and implemen-
4350, to authorize appropriations for
Education Act of 2006 (20 U.S.C. 2302)); tation of such programs, including cur-
fiscal year 2022 for military activities riculum development and delivery for re-
(G) a postsecondary educational institu-
of the Department of Defense, for mili- tion, as defined in section 3 of the Carl D. lated instruction;
tary construction, and for defense ac- Perkins Career and Technical Education Act (iii) supporting entities, sponsors, or pro-
tivities of the Department of Energy, of 2006 (20 U.S.C. 2302); gram administrators in meeting the registra-
to prescribe military personnel (H) a minority-serving institution; tion and reporting requirements of this divi-
strengths for such fiscal year, and for (I) a provider of adult education and lit- sion;
other purposes; which was ordered to eracy activities under the Adult Education (iv) providing professional development ac-
lie on the table; as follows: and Family Literacy Act (29 U.S.C. 3271 et tivities such as training to mentors;
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seq.); (v) supporting the recruitment, retention,
At the end, add the following:
(J) a local agency administering plans and completion of potential program partici-
DIVISION E—FEDERAL CYBERSECURITY under title I of the Rehabilitation Act of 1973 pants, including nontraditional apprentice-
WORKFORCE EXPANSION ACT (29 U.S.C. 720 et seq.), other than section 112 ship populations and individuals with bar-
SEC. 5101. SHORT TITLE. or part C of that title (29 U.S.C. 732, 741); riers to employment;
This division may be cited as the ‘‘Federal (K) a related instruction provider, includ- (vi) developing and providing personalized
Cybersecurity Workforce Expansion Act’’. ing a qualified intermediary acting as a re- program participant supports, including by
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S8110 CONGRESSIONAL RECORD — SENATE November 15, 2021
partnering with organizations to provide ac- Workforce Framework for Cybersecurity erans organizations to transition members of
cess to or referrals for supportive services (NIST Special Publication 800–181, Revision the Armed Forces and veterans to appren-
and financial advising; 1), or successor framework, to meet the im- ticeship programs in a relevant sector; or
(vii) providing services, resources, and sup- mediate and ongoing needs of cyber work- (4) plans to use the contract, cooperative
ports for development, delivery, expansion, force positions within Federal agencies; agreement, or grant to carry out the appren-
or improvement of programs under the na- (E) be registered with and approved by the ticeship pilot program under this section
tional apprenticeship system; or Office of Apprenticeship of the Department with an entity that receives State funding or
(viii) serving as a sponsor. of Labor or a State apprenticeship agency is operated by a State agency;
(B) PARTNERSHIPS.—The term ‘‘partner- pursuant to the Act of August 16, 1937 (com- (5) has successfully increased the represen-
ships described in subparagraph (B)’’ means monly known as the ‘‘National Apprentice- tation in cybersecurity of women, underrep-
partnerships among entities involved in, or ship Act’’; 29 U.S.C. 50 et seq.); resented minorities, and individuals from
applying to participate in, programs under (F) be approved by the Secretary of Vet- other underrepresented communities; or
the national apprenticeship system, includ- erans Affairs, pursuant to chapter 36 of title (6) focuses on recruiting women, underrep-
ing— 38, United States Code, or other applicable resented minorities, and individuals from
(i) industry or sector partnerships; provisions of law, as eligible for educational other underrepresented communities.
(ii) partnerships among employers, joint assistance to veterans; and (g) TECHNICAL ASSISTANCE.—The Secretary
labor-management organizations, labor orga- (G) be sponsored by the Department or an shall provide technical assistance to eligible
nizations, community-based organizations, eligible entity receiving a contract, coopera- entities that receive a contract, cooperative
industry associations, State or local work- tive agreement, or grant under subsection agreement, or grant under subsection (d) to
force development boards, education and (d). leverage the existing job training and edu-
training providers, social service organiza- (c) COORDINATION.—In the development of cation programs of the Department and
tions, economic development agencies, In- the apprenticeship pilot program under this other relevant programs at appropriate Fed-
dian Tribes or Tribal organizations, one-stop section, the Secretary shall consult with the eral agencies.
operators, one-stop partners, or veterans Secretary of Labor, the Director of the Na- (h) SERVICE AGREEMENT FOR PILOT PRO-
service organizations in the State workforce GRAM PARTICIPANTS.—
tional Institute of Standards and Tech-
development system; or nology, the Secretary of Defense, the Direc- (1) IN GENERAL.—Participants in the ap-
(iii) partnerships among 1 or more of the tor of the National Science Foundation, and prenticeship pilot program under this sec-
entities described in clause (i) or (ii). the Director of the Office of Personnel Man- tion shall enter into an agreement to, after
(14) RELATED INSTRUCTION.—The term ‘‘re- agement to leverage existing resources, re- completion of the apprenticeship pilot pro-
lated instruction’’ means an organized and search, communities of practice, and frame- gram and if offered employment in a cyber
systematic form of instruction designed to works for developing cybersecurity appren- workforce position within a Federal agency
provide an individual in an apprenticeship ticeship programs. post-apprenticeship, accept and continue em-
program with the knowledge of the technical (d) OPTIONAL USE OF CONTRACTS, COOPERA- ployment in such cyber workforce position
subjects related to the intended occupation TIVE AGREEMENTS, OR GRANTS.—The appren- for a period of obligated service equal to the
of the individual after completion of the pro- ticeship pilot program under this section length of service in a position under the ap-
gram. may include entering into a contract or co- prenticeship pilot program by the partici-
(15) SPONSOR.—The term ‘‘sponsor’’ means operative agreement with or making a grant pant.
any person, association, committee, or orga- to an eligible entity if determined appro- (2) REPAYMENT FOR PERIOD OF UNSERVED OB-
nization operating an apprenticeship pro- priate by the Secretary based on the eligible LIGATED SERVICE.—If a participant in the ap-
gram and in whose name the program is, or entity— prenticeship pilot program under this sec-
is to be, registered or approved. (1) demonstrating experience in imple- tion fails to satisfy the requirements of the
(16) STATE.—The term ‘‘State’’ has the menting and providing career planning and service agreement entered into under para-
meaning given the term in section 2 of the career pathways toward apprenticeship pro- graph (1) for a reason other than involuntary
Homeland Security Act of 2002 (6 U.S.C. 101). grams; separation, the participant shall repay the
(17) STATE APPRENTICESHIP AGENCY.—The (2) having knowledge of cybersecurity cost of any education and training provided
term ‘‘State apprenticeship agency’’ has the workforce development; to the participant as a part of the appren-
meaning given the term in section 29.2 of (3) being eligible to enter into a contract ticeship pilot program, reduced by the ratio
title 29, Code of Federal Regulations, or any of the period of obligated service completed
or cooperative agreement with or receive
corresponding similar regulation or ruling. divided by the total period of obligated serv-
grant funds from the Department as de-
(18) STATE WORKFORCE DEVELOPMENT ice.
scribed in this section;
BOARD.—The term ‘‘State workforce develop- (3) EXCEPTION.—The Secretary may provide
(4) providing participants who complete
ment board’’ has the meaning given the term for the partial or total waiver or suspension
the apprenticeship pilot program with 1 or
‘‘State board’’ in section 3 of the Workforce of any service or payment obligation by an
more recognized postsecondary credentials;
Innovation and Opportunity Act (29 U.S.C. individual under this subsection if the Sec-
(5) using related instruction that is specifi-
3102). retary determines that compliance by the in-
cally aligned with the needs of Federal agen-
(19) WIOA TERMS.—The terms ‘‘career plan- dividual with the obligation is impossible or
cies and utilizes workplace learning advisors
ning’’, ‘‘career pathway’’, ‘‘community-based would involve extreme hardship to the indi-
and on-the-job training to the greatest ex-
organization’’, ‘‘economic development agen- vidual, or if enforcement of such obligation
tent possible; and
cy’’, ‘‘industry or sector partnership’’, ‘‘on- with respect to the individual would be un-
(6) demonstrating successful outcomes con-
the-job training’’, ‘‘one-stop operator’’, ‘‘one- conscionable.
necting participants in apprenticeship pro- (i) APPRENTICESHIP HIRING AUTHORITY.—
stop partner’’, ‘‘recognized postsecondary grams to careers relevant to the apprentice-
credential’’, and ‘‘workplace learning advi- Participants in the apprenticeship pilot pro-
ship pilot program. gram under this section may be appointed to
sor’’ have the meanings given those terms in (e) APPLICATIONS.—If the Secretary enters cybersecurity-specific positions in the ex-
section 3 of the Workforce Innovation and into an arrangement as described in sub- cepted service as determined appropriate by
Opportunity Act (29 U.S.C. 3102). section (d), an eligible entity seeking a con-
(b) ESTABLISHMENT OF APPRENTICESHIP the Secretary and authorized by section 2208
tract, cooperative agreement, or grant under of the Homeland Security Act of 2002 (6
PILOT PROGRAM.— the pilot program shall submit to the Sec- U.S.C. 658).
(1) IN GENERAL.—Not later than 3 years retary an application at such time, in such (j) POST-APPRENTICESHIP HIRING AUTHOR-
after the date of enactment of this Act, the manner, and containing such information as ITY.—Pursuant to subsection (b)(2)(B), a par-
Secretary shall establish an apprenticeship the Secretary may require. ticipant who successfully completes the ap-
pilot program. (f) PRIORITY.—In selecting eligible entities prenticeship pilot program under this sec-
(2) REQUIREMENTS.—The apprenticeship to receive a contract, cooperative agree- tion may be appointed to a cyber workforce
pilot program established under paragraph ment, or grant under subsection (d), the Sec- position in the excepted service for which
(1) shall— retary may prioritize an eligible entity the participant is qualified.
(A) employ pilot program participants in that— (k) POST-APPRENTICESHIP TRIAL PERIOD.—
cyber workforce positions within the Depart- (1) is a member of an industry or sector Federal service following the apprenticeship
ment; partnership that sponsors or participates in shall be subject to completion of a trial pe-
(B) employ not more than 25 new pilot pro- a program under the national apprenticeship riod in accordance with any applicable law,
gram participants during each year during system; Executive Order, rule, or regulation.
which the pilot program is carried out; (2) provides related instruction for an ap- (l) REPORT.—
(C) be intended to lead to employment in a prenticeship program that was registered (1) SECRETARY.—Not later than 2 years
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cyber workforce position within a Federal with the Department of Labor or a State ap- after the date on which the apprenticeship
agency; prenticeship agency before the date on which pilot program is established under this sec-
(D) focus on related learning necessary, as the eligible entity applies for the contract, tion, and annually thereafter, the Secretary,
determined by the Secretary in consultation cooperative agreement, or grant under sub- in consultation with the Secretary of Labor
with the Director of the Office of Personnel section (e); and the Director of the Office of Personnel
Management and based upon the National (3) works with the Secretary of Defense, Management, shall submit to Congress a re-
Initiative for Cybersecurity Education the Secretary of Veterans Affairs, or vet- port on the pilot program, including—
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8111
(A) a description of— (c) ELEMENTS.—The pilot program estab- actions as may be necessary to develop or
(i) any activity carried out by the Depart- lished under subsection (b) shall incor- procure training, platforms, and frameworks
ment under this section; porate— necessary to carry out the requirements of
(ii) any entity that enters into a contract (1) coursework and training that, if appli- subsection (c) and accommodate the usage
or cooperative agreement with or receives a cable, qualifies for postsecondary credit to- by eligible individuals participating in the
grant from the Department under subsection ward an associate or baccalaureate degree at pilot program.
(d); an institution of higher education; (2) ACTIONS.—Actions described in para-
(iii) any activity carried out using a con- (2) virtual learning opportunities; graph (1) may include providing additional
tract, cooperative agreement, or grant under (3) hands-on learning and performance- funding, staff, or other resources to—
this section as described in subsection (d); based assessments; (A) recruit and retain women, underrep-
and (4) Federal work-based learning opportuni- resented minorities, and individuals from
(iv) best practices used to leverage the in- ties and programs; and other underrepresented communities;
vestment of the Federal Government under (5) the provision of recognized postsec- (B) provide administrative support for
this section; and ondary credentials to eligible individuals basic functions of the pilot program;
(B) an assessment of the results achieved who complete the pilot program. (C) ensure the success and ongoing engage-
by the pilot program, including— (d) ALIGNMENT WITH NICE WORKFORCE ment of eligible individuals participating in
(i) the rate of continued employment with- FRAMEWORK FOR CYBERSECURITY.—The pilot the pilot program;
in a Federal agency for participants after program established under subsection (b) (D) connect participants who complete the
completing the pilot program; shall align with the taxonomy, including pilot program to job opportunities within
(ii) the demographics of participants in the work roles and competencies and the associ- the Federal Government; and
pilot program, including representation of ated tasks, knowledge, and skills, from the (E) allocate dedicated positions for term
women, underrepresented minorities, and in- National Initiative for Cybersecurity Edu-
employment to enable Federal work-based
dividuals from other underrepresented com- cation Workforce Framework for Cybersecu-
learning opportunities and programs, as re-
munities; rity (NIST Special Publication 800–181, Revi-
quired under subsection (c)(4), for partici-
(iii) the completion rate for the pilot pro- sion 1), or successor framework.
(e) COORDINATION.— pants to gain the competencies necessary to
gram, including if there are any identifiable pursue permanent Federal employment.
(1) TRAINING, PLATFORMS, AND FRAME-
patterns with respect to participants who do (g) REPORTS.—
WORKS.—In developing the pilot program
not complete the pilot program; and (1) SECRETARY.—Not later than 2 years
under subsection (b), the Secretary shall co-
(iv) the return on investment for the pilot after the date on which the pilot program is
ordinate with the Secretary of Veterans Af-
program. established under subsection (b), and annu-
fairs, the Secretary of Defense, the Secretary
(2) COMPTROLLER GENERAL.—Not later than ally thereafter, the Secretary shall submit
of Labor, the Director of the National Insti-
4 years after the date on which the appren- to Congress a report on the pilot program,
tute of Standards and Technology, and the
ticeship pilot program is established under including—
Director of the Office of Personnel Manage-
this section, the Comptroller General of the (A) a description of—
ment to evaluate and, where possible, lever-
United States shall submit to Congress a re- (i) any activity carried out by the Depart-
age existing training, platforms, and frame-
port on the pilot program, including the rec- ment under this section; and
works of the Federal Government for pro-
ommendation of the Comptroller General (ii) the existing training, platforms, and
viding cybersecurity education and training
with respect to whether the pilot program frameworks of the Federal Government le-
to prevent duplication of efforts.
should be extended. veraged in accordance with subsection (e)(1);
(2) EXISTING EDUCATIONAL ASSISTANCE.—In
(m) TERMINATION.—The authority to carry
developing the pilot program under sub- and
out the apprenticeship pilot program under
section (b), the Secretary shall coordinate (B) an assessment of the results achieved
this section shall terminate on the date that
is 5 years after the date on which the Sec- with the Secretary of Veterans Affairs to en- by the pilot program, including—
retary establishes the apprenticeship pilot sure that, to the greatest extent possible, el- (i) the admittance rate into the pilot pro-
program under this section. igible individuals can utilize educational as- gram;
SEC. 5104. PILOT PROGRAM ON CYBERSECURITY sistance under chapter 30, 32, 33, 34, or 35 of (ii) the demographics of participants in the
TRAINING FOR VETERANS AND MILI- title 38, United States Code, or chapter 1606 program, including representation of women,
TARY SPOUSES. or 1607 of title 10, United States Code, or underrepresented minorities, and individuals
(a) DEFINITIONS.—In this section: other educational assistance available to eli- from other underrepresented communities;
(1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- gible individuals, such as the high tech- (iii) the completion rate for the pilot pro-
ble individual’’ means an individual who is— nology pilot program described in section 116 gram, including if there are any identifiable
(A) a veteran who is entitled to edu- of the Harry W. Colmery Veterans Edu- patterns with respect to participants who do
cational assistance under chapter 30, 32, 33, cational Assistance Act of 2017 (38 U.S.C. 3001 not complete the pilot program;
34, or 35 of title 38, United States Code, or note), while participating in the program. (iv) as applicable, the transfer rates to
chapter 1606 or 1607 of title 10, United States (3) FEDERAL WORK-BASED LEARNING OPPOR- other academic or vocational programs, and
Code; TUNITIES AND PROGRAMS.—In developing the certifications and licensure exam passage
(B) a member of the active or a reserve Federal work-based learning opportunities rates;
component of the Armed Forces that the and programs required under subsection (v) the rate of continued employment with-
Secretary of Veterans Affairs determines (c)(4), the Secretary shall coordinate with in a Federal agency for participants after
will become an eligible individual under sub- the Secretary of Veterans Affairs, the Sec- completing the pilot program;
paragraph (A) within 180 days of such deter- retary of Defense, the Secretary of Labor, (vi) the rate of continued employment for
mination, provided that if the individual the Director of the Office of Personnel Man- participants after completing the pilot pro-
does anything to make themselves ineligible agement, and the heads of other appropriate gram; and
during the 180-day period, the Secretary of Federal agencies to identify or create, as (vii) the median annual salary of partici-
Veterans Affairs may require the individual necessary, interagency opportunities that pants who completed the pilot program and
to repay any benefits received under this sec- will enable the pilot program established were subsequently employed.
tion; or under subsection (b) to— (2) COMPTROLLER GENERAL.—Not later than
(C) an eligible spouse described in section (A) allow the participants to acquire and 4 years after the date on which the pilot pro-
1784a(b) of title 10, United States Code. demonstrate competencies; and gram is established under subsection (b), the
(2) RECOGNIZED POSTSECONDARY CREDEN- (B) give participants the capabilities nec- Comptroller General of the United States
TIAL.—The term ‘‘recognized postsecondary essary to qualify for Federal employment. shall submit to Congress a report on the
credential’’ has the meaning given the term (f) RESOURCES.— pilot program, including the recommenda-
in section 3 of the Workforce Innovation and (1) IN GENERAL.—In any case in which the tion of the Comptroller General with respect
Opportunity Act (29 U.S.C. 3102). pilot program established under subsection to whether the pilot program should be ex-
(3) VETERAN.—The term ‘‘veteran’’ has the (b)— tended.
meaning given the term in section 101 of (A) uses training, platforms, and frame- (h) TERMINATION.—The authority to carry
title 38, United States Code. works described in subsection (e)(1), the Sec- out the pilot program under this section
(4) WORK-BASED LEARNING.—The term retary, in coordination with the Secretary of shall terminate on the date that is 5 years
‘‘work-based learning’’ has the meaning Veterans Affairs, shall take such actions as after the date on which the Secretary estab-
given the term in section 3 of the Carl D. may be necessary to ensure that the lishes the pilot program under this section.
Perkins Career and Technical Education Act trainings, platforms, and frameworks are ex-
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panded and resourced to accommodate usage SEC. 5105. FEDERAL CYBERSECURITY WORK-
of 2006 (20 U.S.C. 2302). FORCE ASSESSMENT EXTENSION.
(b) ESTABLISHMENT.—Not later than 3 years by eligible individuals participating in the
after the date of enactment of this Act, the pilot program; or Section 304(a) of the Federal Cybersecurity
Secretary, in coordination with the Sec- (B) does not use training, platforms, and Workforce Assessment Act of 2015 (5 U.S.C.
retary of Veterans Affairs, shall establish a frameworks described in subsection (e)(1), 301 note) is amended, in the matter preceding
pilot program to provide cybersecurity train- the Secretary, in coordination with the Sec- paragraph (1), by striking ‘‘2022’’ and insert-
ing at no cost to eligible individuals. retary of Veterans Affairs, shall take such ing ‘‘2025’’.
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S8112 CONGRESSIONAL RECORD — SENATE November 15, 2021
SA 4599. Ms. HASSAN (for herself and (c) COMPTROLLER GENERAL OF THE UNITED fined in section 3 of the National Security
Mr. THUNE) submitted an amendment STATES ASSESSMENT OF PROGRAM.— Act of 1947 (50 U.S.C. 3003));’’.
intended to be proposed to amendment (1) ASSESSMENT AND BRIEFING.—Not later (d) NATIONAL QUANTUM COORDINATION OF-
than 180 days after the date of the enactment FICE, COLLABORATION WHEN REPORTING TO
SA 3867 submitted by Mr. REED and in- CONGRESS.—Section 102 of the National
of this Act, the Comptroller General of the
tended to be proposed to the bill H.R. United States shall— Quantum Initiative Act (Public Law 115–368;
4350, to authorize appropriations for (A) commence an assessment of the pro- 15 U.S.C. 8812) is amended—
fiscal year 2022 for military activities gram carried out under section 234 of the (1) by redesignating subsection (c) as sub-
of the Department of Defense, for mili- John S. McCain National Defense Authoriza- section (d); and
tary construction, and for defense ac- tion Act for Fiscal Year 2019 (Public Law (2) by inserting after subsection (b) the fol-
tivities of the Department of Energy, 115–232; 10 U.S.C. 2358 note), as amended by lowing new subsection (c):
this section, with consideration of the report ‘‘(c) COLLABORATION WHEN REPORTING TO
to prescribe military personnel
submitted under subsection (h) of such sec- CONGRESS.—The Coordination Office shall
strengths for such fiscal year, and for ensure that when participants in the Na-
tion (as redesignated by subsection (b)(2) of
other purposes; which was ordered to this section); and tional Quantum Initiative Program prepare
lie on the table; as follows: (B) provide the congressional defense com- and submit reports to Congress that they do
At the appropriate place in title II, insert mittees a briefing on the preliminary find- so in collaboration with each other and as
the following: ings of the Comptroller General with respect appropriate Federal civilian, defense, and in-
SEC. 2ll. APPLICATION OF PUBLIC-PRIVATE to such program. telligence research entities.’’.
TALENT EXCHANGE PROGRAMS IN (2) FINAL REPORT.—At a date agreed to by (e) REPORTING TO ADDITIONAL COMMITTEES
THE DEPARTMENT OF DEFENSE TO the Comptroller General and the congres- OF CONGRESS.—Paragraph (2) of section 2 of
QUANTUM INFORMATION SCIENCES sional defense committees at the briefing such Act (15 U.S.C. 8801) is amended to read
AND TECHNOLOGY RESEARCH. as follows:
provided pursuant to paragraph (1)(B), the
In carrying out section 1599g of title 10, Comptroller General shall submit to the con- ‘‘(2) APPROPRIATE COMMITTEES OF CON-
United States Code, the Secretary of Defense gressional defense committees a final report GRESS.—The term ‘appropriate committees
may establish public-private exchange pro- with the findings of the Comptroller General of Congress’ means—
grams, each with up to 10 program partici- with respect to the assessment conducted ‘‘(A) the Committee on Commerce,
pants, focused on private sector entities under paragraph (1)(A). Science, and Transportation, the Committee
working on quantum information sciences on Energy and Natural Resources, the Com-
SEC. 2ll. IMPROVEMENTS TO NATIONAL QUAN-
and technology research applications. TUM INITIATIVE PROGRAM. mittee on Armed Services, and the Select
SEC. 2ll. BRIEFING ON SCIENCE, MATHE- Committee on Intelligence of the Senate;
(a) INVOLVEMENT OF DEPARTMENT OF DE-
MATICS, AND RESEARCH FOR and
TRANSFORMATION (SMART) DE- FENSE AND INTELLIGENCE COMMUNITY IN NA-
TIONAL QUANTUM INITIATIVE ADVISORY COM- ‘‘(B) the Committee on Energy and Com-
FENSE EDUCATION PROGRAM.
MITTEE.— merce, the Committee on Science, Space,
Not later than three years after the date of and Technology, the Committee on Armed
the enactment of this Act, the Secretary of (1) QUALIFICATIONS.—Subsection (b) of sec-
tion 104 of the National Quantum Initiative Services, and the Permanent Select Com-
Defense shall provide Congress with a brief- mittee on Intelligence of the House of Rep-
ing on participation and use of the program Act (Public Law 115–368; 15 U.S.C. 8814) is
amended by striking ‘‘and Federal labora- resentatives.’’.
under section 2192a of title 10, United States ---
Code, as amended by this subsection, with a tories’’ and inserting ‘‘Federal laboratories,
and defense and intelligence researchers’’. SA 4600. Mr. LUJÁN submitted an
particular focus on levels of interest from
(2) INTEGRATION.—Such section is amend- amendment intended to be proposed to
students engaged in studying quantum
fields. ed— amendment SA 3867 submitted by Mr.
SEC. 2ll. IMPROVEMENTS TO DEFENSE QUAN-
(A) by redesignating subsections (e) REED and intended to be proposed to
TUM INFORMATION SCIENCE AND through (g) as subsection (f) through (h), re- the bill H.R. 4350, to authorize appro-
TECHNOLOGY RESEARCH AND DE- spectively; and priations for fiscal year 2022 for mili-
VELOPMENT PROGRAM. (B) by inserting after subsection (d) the
tary activities of the Department of
(a) FELLOWSHIP PROGRAM AUTHORIZED.— following new subsection (e):
‘‘(e) INTEGRATION OF DEPARTMENT OF DE-
Defense, for military construction, and
Section 234 of the John S. McCain National
Defense Authorization Act for Fiscal Year FENSE AND INTELLIGENCE COMMUNITY.—The for defense activities of the Depart-
2019 (Public Law 115–232; 10 U.S.C. 2358 note) Advisory Committee shall take such actions ment of Energy, to prescribe military
is amended— as may be necessary, including by modifying personnel strengths for such fiscal
(1) by redesignating subsection (f) as sub- policies and procedures of the Advisory Com- year, and for other purposes; which was
section (g); and mittee, to ensure the full integration of the ordered to lie on the table; as follows:
(2) by inserting after subsection (e) the fol- Department of Defense and the intelligence At the end of subtitle E of title XXXI, add
lowing new subsection (f): community (as defined in section 3 of the Na- the following:
‘‘(f) FELLOWSHIPS.— tional Security Act of 1947 (50 U.S.C. 3003)) in
SEC. 3157. AUTHORIZATION FOR NATIONAL SECU-
‘‘(1) PROGRAM AUTHORIZED.—In carrying activities of the Advisory Committee.’’. RITY LABORATORIES AND NUCLEAR
out the program required by subsection (a) (b) CLARIFICATION OF PURPOSE OF MULTI- WEAPONS PRODUCTION FACILITIES
and subject to the availability of appropria- DISCIPLINARY CENTERS FOR QUANTUM RE- TO COVER CERTAIN TRAINING AND
tions to carry out this subsection, the Sec- SEARCH AND EDUCATION.—Section 302(c) of EDUCATION COSTS.
retary may carry out a program of fellow- the National Quantum Initiative Act (Public (a) IN GENERAL.—Notwithstanding sub-
ships in quantum information science and Law 115–368; 15 U.S.C. 8842(c)) is amended— sections (d) and (e) of section 31.205–44 of
technology research and development for in- (1) in paragraph (2), by striking ‘‘; and’’ and title 48, Code of Federal Regulations, on and
dividuals who have a graduate or post-grad- inserting a semicolon; after the date of the enactment of this Act,
uate degree. (2) in paragraph (3), by striking the period the director of a national security labora-
‘‘(2) EQUAL ACCESS.—In carrying out the at the end and inserting ‘‘; and’’; and tory or nuclear weapons production facility
program under paragraph (1), the Secretary (3) by adding at the end the following new may provide grants to educational and train-
may establish procedures to ensure that mi- paragraph: ing institutions to cover the costs of edu-
nority, geographically diverse, and economi- ‘‘(4) encouraging workforce collaboration, cating employees (including other than bona
cally disadvantaged students have equal ac- both with private industry and among Fed- fide employees) and prospective employees of
cess to fellowship opportunities under such eral entities, including national defense the laboratory or facility for the develop-
program.’’. agencies and the intelligence community (as ment of a workforce that meets the needs of
(b) MULTIDISCIPLINARY PARTNERSHIPS WITH defined in section 3 of the National Security the laboratory or facility, including the
UNIVERSITIES.—Such section is further Act of 1947 (50 U.S.C. 3003)).’’. costs of the donation of equipment, scholar-
amended— (c) COORDINATION OF NATIONAL QUANTUM IN- ships, and fellowships.
(1) by redesignating subsection (g), as re- FORMATION SCIENCE RESEARCH CENTERS.— (b) REVISION TO FEDERAL ACQUISITION REG-
designated by subsection (a)(1), as subsection Section 402(d) of the National Quantum Ini- ULATION.—As soon as practicable after the
(h); and tiative Act (Public Law 115–368; 15 U.S.C. date of the enactment of this Act, the Fed-
(2) by inserting after subsection (f), as 8852(d)) is amended— eral Acquisition Regulatory Council shall re-
added by subsection (a)(2), the following new (1) by redesignating paragraphs (2) and (3) vise the Federal Acquisition Regulation to
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subsection (g): as paragraphs (3) and (4), respectively; and carry out subsection (a).
‘‘(g) MULTIDISCIPLINARY PARTNERSHIPS (2) by inserting after paragraph (1) the fol- (c) DEFINITIONS.—In this section:
WITH UNIVERSITIES.—In carrying out the pro- lowing new paragraph (2): (1) BONA FIDE EMPLOYEE.—The term ‘‘bona
gram under subsection (a), the Secretary of ‘‘(2) other research entities of the Federal fide employee’’ has the meaning given that
Defense may develop partnerships with uni- government, including research entities in term in section 52.203–5 of title 48, Code of
versities to enable students to engage in the Department of Defense and research en- Federal Regulations (or a successor regula-
multidisciplinary courses of study.’’. tities in the intelligence community (as de- tion).
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8113
(2) NATIONAL SECURITY LABORATORY; NU- (E) whether such a transfer would— (c) DEFINITIONS.—In this section:
CLEAR WEAPONS PRODUCTION FACILITY.—The (i) assist the National Nuclear Security (1) The term ‘‘covered contract’’ means a
terms ‘‘national security laboratory’’ and Administration with recruitment at Los Ala- contract or production assistance agreement
‘‘nuclear weapons production facility’’ have mos National Laboratory; entered into with a nongovernmental enter-
the meanings given those terms in section (ii) improve available housing for employ- tainment-oriented media producer or pub-
4002 of the Atomic Energy Defense Act (50 ees of that laboratory; and lisher.
U.S.C. 2501)). (iii) increase the ability of a Tribal Gov- (2) The term ‘‘entertainment-oriented
(3) PROSPECTIVE EMPLOYEE.—The term ernment or Tribal members to access cul- media’’ includes books and other forms of
‘‘prospective employee’’ means an individual tural resources and access or acquire lands of print media that are entertainment-ori-
who— cultural significance; and ented.
(A) has applied for a position of employ- (4) including a safety and security deter- (3) The term ‘‘marginalized community’’
ment with a national security laboratory or mination with respect to each covered parcel means a community of individuals that is, or
nuclear weapons production facility; or of land, without regard to whether the parcel historically was, under-represented in the in-
(B) may apply for such a position of em- can be transferred. dustry of film, television, or publishing, in-
ployment during the 48-month period after (c) COVERED PARCEL OF LAND.—The term cluding—
receiving education or training under sub- ‘‘covered parcel of land’’— (A) women;
section (a). (1) means a parcel of land— (B) racial and ethnic minorities;
(A) located in Los Alamos County, New (C) individuals with disabilities; and
SA 4601. Mr. LUJÁN submitted an Mexico; (D) members of the LGBTQ communities.
amendment intended to be proposed to (B) owned by the Department of Energy;
amendment SA 3867 submitted by Mr. and SA 4603. Mr. PORTMAN (for himself
REED and intended to be proposed to (C) that the Administrator determines is and Mr. CARDIN) submitted an amend-
the bill H.R. 4350, to authorize appro- not needed for operations and missions at ment intended to be proposed to
priations for fiscal year 2022 for mili- Los Alamos National Laboratory; and
amendment SA 3867 submitted by Mr.
(2) includes Technical Area–36, Technical
tary activities of the Department of Area–70, and Technical Area–71 at Los Ala- REED and intended to be proposed to
Defense, for military construction, and mos National Laboratory. the bill H.R. 4350, to authorize appro-
for defense activities of the Depart- priations for fiscal year 2022 for mili-
ment of Energy, to prescribe military SA 4602. Mr. LUJÁN (for himself, Mr. tary activities of the Department of
personnel strengths for such fiscal PADILLA, and Mr. MENENDEZ) sub- Defense, for military construction, and
year, and for other purposes; which was mitted an amendment intended to be for defense activities of the Depart-
ordered to lie on the table; as follows: proposed to amendment SA 3867 sub- ment of Energy, to prescribe military
At the end of subtitle E of title XXXI, add mitted by Mr. REED and intended to be personnel strengths for such fiscal
the following: proposed to the bill H.R. 4350, to au- year, and for other purposes; which was
SEC. 3157. ASSESSMENT OF TRANSFER OF LAND thorize appropriations for fiscal year ordered to lie on the table; as follows:
NO LONGER NEEDED FOR OPER-
ATIONS AND MISSIONS AT LOS ALA-
2022 for military activities of the De- At the end of subtitle G of title XII, add
MOS NATIONAL LABORATORY. partment of Defense, for military con- the following:
(a) SITE VISITS REQUIRED.— struction, and for defense activities of SEC. 1283.ECONOMIC DEFENSE RESPONSE
(1) IN GENERAL.—Not later than 180 days the Department of Energy, to prescribe TEAMS.
after the date of the enactment of this Act, military personnel strengths for such (a) PILOT PROGRAM.—Not later than 180
the Administrator for Nuclear Security shall fiscal year, and for other purposes; days after the date of the enactment of this
arrange for personnel of the National Nu- Act, the President, acting through the Sec-
which was ordered to lie on the table; retary of State, shall develop and implement
clear Security Administration to conduct as follows:
site visits with officials of Los Alamos Coun- a pilot program for the creation of
ty, New Mexico, and the Pueblo of San At the end of subtitle E of title VIII, insert deployable economic defense response teams
Ildefonso, of covered parcels of land to assess the following: to help provide emergency technical assist-
SEC. 857. LIMITATION ON CONTRACT AUTHORITY ance and support to a country subjected to
whether those parcels should be transferred
TO IMPROVE REPRESENTATION IN the threat or use of coercive economic meas-
to the County or Pueblo. CERTAIN MEDIA PROJECTS INVOLV-
(2) ASSESSMENTS AND IDENTIFICATIONS.— ures and to play a liaison role between the
ING DEPARTMENT OF DEFENSE.
After the site visits required by paragraph legitimate government of that country and
(a) LIMITATION ON CONTRACT AUTHORITY.—
(1) are conducted, the Administrator shall— the United States Government. Such assist-
Neither the Secretary of Defense, nor the
(A) with respect to each covered parcel of ance and support may include the following
Secretary of the Army, nor the Secretary of
land, assess— activities:
the Navy, nor the Secretary of the Air Force,
(i) the remediation needs of the parcel; may enter into a covered contract for any (1) Reducing the partner country’s vulner-
(ii) the environmental and archeological film or publishing project for entertainment- ability to coercive economic measures.
impacts of transferring the parcel; and oriented media unless the covered contract (2) Minimizing the damage that such meas-
(iii) the access Tribes have to traditional includes a provision that requires consider- ures by an adversary could cause to that
areas of cultural or religious importance; ation of diversity in carrying out the country.
and project, including consideration of the fol- (3) Implementing any bilateral or multilat-
(B) identify whether all portions of the lowing: eral contingency plans that may exist for re-
covered parcels of land within the technical (1) The composition of the community rep- sponding to the threat or use of such meas-
areas specified in subsection (c)(2) are, or are resented in the project and whether such ures.
anticipated to be, necessary to the oper- community is inclusive of historically (4) In coordination with the partner coun-
ations and missions of the Administration at marginalized communities. try, developing or improving plans and strat-
Los Alamos National Laboratory. (2) The depiction of the community rep- egies by the country for reducing
(b) REPORT REQUIRED.—Not later than 180 resented in the project and whether or not vulnerabilities and improving responses to
days after the date of the enactment of this the project advances any inaccurate or such measures in the future.
Act, the Administrator, in consultation with harmful stereotypes as a result of such de- (5) Assisting the partner country in dealing
officials of Los Alamos County, New Mexico, piction. with foreign sovereign investment in infra-
and the Pueblo of San Ildefonso, shall submit (b) ANNUAL REPORT.—Not later than one structure or related projects that may un-
to the Committees on Armed Services of the year after the date of the enactment of this dermine the partner country’s sovereignty.
Senate and the House of Representatives a Act, and annually thereafter for five years, (6) Assisting the partner country in re-
report— the Secretary of Defense shall submit to the sponding to specific efforts from an adver-
(1) describing the findings of the site visits Committees on Armed Services of the House sary attempting to employ economic coer-
required by subsection (a); of Representatives and the Senate a report cion that undermines the partner country’s
(2) including the assessments and identi- containing, with respect to the year covered sovereignty, including efforts in the cyber
fication required by subsection (a)(2); by the report, the following information: domain, such as efforts that undermine cy-
(3) assessing— (1) The total number of projects for which bersecurity or digital security of the partner
(A) the environmental costs of transferring the Secretary provided assistance pursuant country or initiatives that introduce digital
covered parcels of land; to a covered contract. technologies in a manner that undermines
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(B) the potential impacts of such transfers (2) A summary of the projects specified in freedom, security, and sovereignty of the
on endangered species in the area; paragraph (1). partner country.
(C) the disturbance or encroachment on (3) A summary of the communities rep- (7) Otherwise providing direct and relevant
any archeological sites likely to result from resented in such projects. short-to-medium term economic or other as-
such transfers; (4) A summary of the involvement of the sistance from the United States and mar-
(D) opportunities to improve any safety Department of Defense with respect to such shalling other resources in support of effec-
buffers around critical facilities; and projects. tive responses to such measures.
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S8114 CONGRESSIONAL RECORD — SENATE November 15, 2021
(b) INSTITUTIONAL SUPPORT.—The pilot pro- (1) REPORT ON ESTABLISHMENT.—Upon es- consistently ranking last or near-last in the
gram required by subsection (a) should in- tablishment of the pilot program required by annual World Press Freedom Index.
clude the following elements: subsection (a), the Secretary of State shall (2) Under the brutal rule of Kim Jung Un,
(1) Identification and designation of rel- provide the Committee on Foreign Relations the country’s leader since 2012, the North Ko-
evant personnel within the United States of the Senate and the Committee on Foreign rean regime has tightened controls on access
Government with expertise relevant to the Affairs of the House of Representatives with to information, as well as enacted harsh pun-
objectives specified in subsection (a), includ- a detailed report and briefing describing the ishments for consumers of outside media, in-
ing personnel in— pilot program, the major elements of the cluding sentencing to time in a concentra-
(A) the Department of State, for over- program, the personnel and institutions in- tion camp and a maximum penalty of death.
seeing the economic defense response team’s volved, and the degree to which the program (3) Such repressive and unjust laws sur-
activities, engaging with the partner coun- incorporates the elements described in sub- rounding information in North Korea re-
try government and other stakeholders, and section (a). sulted in the death of 22-year-old United
other purposes relevant to advancing the (2) FOLLOW-UP REPORT.—Not later than one States citizen and university student Otto
success of the mission of the economic de- year after the report required by paragraph Warmbier, who had traveled to North Korea
fense response team; (1), the Secretary of State shall provide the in December 2015 as part of a guided tour.
(B) the United States Agency for Inter- Committee on Foreign Relations of the Sen-
national Development, for the purposes of (4) Otto Warmbier was unjustly arrested,
ate and the Committee on Foreign Affairs of sentenced to 15 years of hard labor, and se-
providing technical, humanitarian, and other the House of Representatives with a detailed
assistance, generally; verely mistreated at the hands of North Ko-
report and briefing describing the operations
(C) the Department of the Treasury, for rean officials. While in captivity, Otto
over the previous year of the pilot program
the purposes of providing advisory support Warmbier suffered a serious medical emer-
established pursuant to subsection (a), as
and assistance on all financial matters and gency that placed him into a comatose state.
well as the Secretary’s assessment of its per-
fiscal implications of the crisis at hand; Otto Warmbier was comatose upon his re-
formance and suitability for becoming a per-
(D) the Department of Commerce, for the lease in June 2017 and died 6 days later.
manent program.
purposes of providing economic analysis and (3) FORM.—Each report required under this (5) Despite increased penalties for posses-
assistance in market development relevant subsection shall be submitted in unclassified sion and viewership of foreign media, the
to the partner country’s response to the cri- form, but may include a classified annex. people of North Korean have increased their
sis at hand, technology security as appro- (d) DECLARATION OF AN ECONOMIC CRISIS desire for foreign media content, according
priate, and other matters that may be rel- REQUIRED.— to a survey of 200 defectors concluding that
evant; (1) NOTIFICATION.—The President may acti- 90 percent had watched South Korean or
(E) the Department of Energy, for the pur- vate an economic defense response team for other foreign media before defecting.
poses of providing advisory services and a period of 180 days under the authorities of (6) On March 23, 2021, in an annual resolu-
technical assistance with respect to energy this section to assist a partner country in re- tion, the United Nations General Assembly
needs as affected by the crisis at hand; sponding to an unusual and extraordinary condemned ‘‘the long-standing and ongoing
(F) the Department of Homeland Security, economic coercive threat by an adversary of systematic, widespread and gross violations
for the purposes of providing assistance with the United States upon the declaration of a of human rights in the Democratic People’s
respect to digital and cybersecurity matters, coercive economic emergency, together with Republic of Korea’’ and expressed grave con-
and assisting in the development of any con- notification to the Committee on Foreign cern at, among other things, ‘‘the denial of
tingency plans referred to in paragraphs (3) Relations of the Senate and the Committee the right to freedom of thought, conscience,
and (6) of subsection (a) as appropriate; on Foreign Affairs of the House of Represent- and religion . . . and of the rights to freedom
(G) the Department of Agriculture, for pro- atives. of opinion, expression, and association, both
viding advisory and other assistance with re- (2) EXTENSION AUTHORITY.—The President online and offline, which is enforced through
spect to responding to coercive measures may activate the response team for an addi- an absolute monopoly on information and
such as arbitrary market closures that affect tional 180 days upon the submission of a de-
the partner country’s agricultural sector; total control over organized social life, and
tailed analysis to the committees described arbitrary and unlawful state surveillance
(H) the Office of the United States Trade
in paragraph (1) justifying why the contin- that permeates the private lives of all citi-
Representative with respect to providing
ued deployment of the economic defense re- zens’’.
support and guidance on trade and invest-
sponse team in response to the economic (7) In 2018, Typhoon Yutu caused extensive
ment matters; and
emergency is in the national security inter- damage to 15 broadcast antennas used by the
(I) other Federal departments and agencies
est of the United States. United States Agency for Global Media in
as determined by the President. (e) AUTHORIZATION OF APPROPRIATIONS.—
(2) Negotiation of memoranda of under- Asia, resulting in reduced programming to
There is authorized to be appropriated for
standing, where appropriate, with other North Korea. The United States Agency for
the Department of State $1,000,000 for each of
United States Government components for Global Media has rebuilt 5 of the 15 antenna
fiscal years 2022 through 2026 to carry out
the provision of any relevant participating the pilot program under this section. systems as of June 2021.
or detailed non-Department of State per- (f) SUNSET.—The authorities provided (b) SENSE OF CONGRESS.—It is the sense of
sonnel identified under paragraph (1). under this section shall expire on December Congress that—
(3) Negotiation of contracts, as appro- 31, 2026. (1) in the event of a crisis situation, par-
priate, with private sector representatives or ---
ticularly where information pertaining to
other individuals with relevant expertise to SA 4604. Mr. PORTMAN (for himself, the crisis is being actively censored or a
advance the objectives specified in sub- Mr. BROWN, and Mr. COONS) submitted false narrative is being put forward, the
section (a). an amendment intended to be proposed United States should be able to quickly in-
(4) Development within the United States to amendment SA 3867 submitted by
Government of— crease its broadcasting capability to deliver
Mr. REED and intended to be proposed fact-based information to audiences, includ-
(A) appropriate training curricula for rel-
evant experts identified under paragraph (1)
to the bill H.R. 4350, to authorize ap- ing those in North Korea; and
and for United States diplomatic personnel propriations for fiscal year 2022 for (2) the United States International Broad-
in a country actually or potentially threat- military activities of the Department casting Surge Capacity Fund is already au-
ened by coercive economic measures; of Defense, for military construction, thorized under section 316 of the United
(B) operational procedures and appropriate and for defense activities of the De- States International Broadcasting Act of
protocols for the rapid assembly of such ex- partment of Energy, to prescribe mili- 1994 (22 U.S.C. 6216), and expanded authority
perts into one or more teams for deployment to transfer unobligated balances from ex-
tary personnel strengths for such fiscal
to a country actually or potentially threat- pired accounts of the United States Agency
year, and for other purposes; which was for Global Media would enable the Agency to
ened by coercive economic measures; and ordered to lie on the table; as follows:
(C) procedures for ensuring appropriate more nimbly respond to crises.
At the end of title XII, add the following:
support for such teams when serving in a SEC. 1293. STATEMENT OF POLICY.
country actually or potentially threatened Subtitle H—Otto Warmbier Countering North
by coercive economic measures, including, as Korean Censorship and Surveillance Act of It is the policy of the United States—
applicable, logistical assistance, office space, 2021 (1) to provide the people of North Korea
information support, and communications. SEC. 1291. SHORT TITLE. with access to a diverse range of fact-based
(5) Negotiation with relevant potential This subtitle may be cited as the ‘‘Otto information;
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host countries of procedures and methods for Warmbier Countering North Korean Censor- (2) to develop and implement novel means
ensuring the rapid and effective deployment ship and Surveillance Act of 2021’’. of communication and information sharing
of such teams, and the establishment of ap- SEC. 1292. FINDINGS; SENSE OF CONGRESS. that increase opportunities for audiences in
propriate liaison relationships with local (a) FINDINGS.—Congress makes the fol- North Korea to safely create, access, and
public and private sector officials and enti- lowing findings: share digital and non-digital news without
ties. (1) The information landscape in North fear of repressive censorship, surveillance, or
(c) REPORTS REQUIRED.— Korea is the most repressive in the world, penalties under law; and
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8115
(3) to foster and innovate new technologies ment with respect to North Korea during the priations for fiscal year 2022 for mili-
to counter North Korea’s state-sponsored re- period described in subsection (b) that in- tary activities of the Department of
pressive surveillance and censorship by ad- cludes— Defense, for military construction, and
vancing internet freedom tools, tech- (1) an assessment of activities conducted
for defense activities of the Depart-
nologies, and new approaches. by persons in North Korea or the Govern-
SEC. 1294. UNITED STATES STRATEGY TO COM- ment of North Korea that would require ment of Energy, to prescribe military
BAT NORTH KOREA’S REPRESSIVE mandatory designations pursuant to the personnel strengths for such fiscal
INFORMATION ENVIRONMENT. North Korea Sanctions and Policy Enhance- year, and for other purposes; which was
(a) IN GENERAL.—Not later than 180 days ment Act of 2016 (22 U.S.C. 9201 et seq.); and ordered to lie on the table; as follows:
after the date of the enactment of this Act, (2) sanctions-related enforcement or other At the end of title XII, add the following:
the President shall develop and submit to sanctions-related actions undertaken by the
Congress a strategy on combating North Ko- Subtitle H—Ending Wildlife Trafficking
United States Government pursuant to that
rea’s repressive information environment. Act. SEC. 1291. SHORT TITLE.
(b) ELEMENTS.—The strategy required by (b) PERIOD DESCRIBED.—The period de- This subtitle may be cited as the ‘‘Elimi-
subsection (a) shall include the following: scribed in this subsection is— nate, Neutralize, and Disrupt Wildlife Traf-
(1) An assessment of the challenges to the (1) in the case of the first report required ficking Reauthorization and Improvements
free flow of information into North Korea by subsection (a), the period beginning on Act of 2021’’.
created by the censorship and surveillance January 1, 2021, and ending on the date on SEC. 1292. SENSE OF CONGRESS.
technology apparatus of the Government of which the report is required to be submitted; It is the sense of Congress that—
North Korea. and (1) the United States Government should
(2) A detailed description of the agencies (2) in the case of each subsequent report re- continue to work with international part-
and other government entities, key officials, quired by subsection (a), the one-year period ners, including nations, nongovernmental or-
and security services responsible for the im- preceding submission of the report. ganizations, and the private sector, to iden-
plementation of North Korea’s repressive (c) APPROPRIATE CONGRESSIONAL COMMIT- tify long-standing and emerging areas of
laws regarding foreign media consumption. TEES DEFINED.—In this section, the term concern in wildlife poaching and trafficking
(3) A detailed description of the agencies ‘‘appropriate congressional committees’’ related to global supply and demand; and
and other government entities and key offi- means— (2) the activities and required reporting of
cials of foreign governments that assist, fa- (1) the Committee on Foreign Relations, the Presidential Task Force on Wildlife Traf-
cilitate, or aid North Korea’s repressive cen- the Committee on Banking, Housing, and ficking, established by Executive Order 13648
sorship and surveillance state. Urban Affairs, and the Select Committee on (78 Fed. Reg. 40621), and modified by sections
(4) A review of existing public-private part- Intelligence of the Senate; and 201 and 301 of the Eliminate, Neutralize, and
nerships that provide circumvention tech- (2) the Committee on Foreign Affairs, the Disrupt Wildlife Trafficking Act of 2016 (16
nology and an assessment of the feasibility Committee on Financial Services, and the U.S.C. 7621 and 7631) should be reauthorized
and utility of new tools to increase free ex- Permanent Select Committee on Intelligence to minimize the disruption of the work of
pression, circumvent censorship, and ob- of the House of Representatives. such Task Force.
struct repressive surveillance in North SEC. 1296. PROMOTING FREEDOM OF INFORMA- SEC. 1293. DEFINITIONS.
Korea. TION AND COUNTERING CENSOR- Section 2 of the Eliminate, Neutralize, and
(5) A description of and funding levels re- SHIP AND SURVEILLANCE IN NORTH
Disrupt Wildlife Trafficking Act of 2016 (16
quired for current United States Government KOREA.
U.S.C. 7601) is amended—
programs and activities to provide access for (a) AUTHORIZATION OF APPROPRIATIONS.—
(1) in paragraph (3), by inserting ‘‘involv-
the people of North Korea to a diverse range There are authorized to be appropriated to
ing local communities’’ after ‘‘approach to
of fact-based information. the United States Agency for Global Media
conservation’’;
(6) An update of the plan required by sec- $10,000,000 for each of fiscal years 2022
(2) by amending paragraph to read as fol-
tion 104(a)(7)(A) of the North Korean Human through 2026 to provide increased broad-
lows:
Rights Act of 2004 (22 U.S.C. 7814(a)(7)(A)). casting and grants for the following pur-
‘‘(4) COUNTRY OF CONCERN.—The term
(7) A description of Department of State poses:
‘country of concern’ means a foreign country
programs and funding levels for programs (1) To promote the development of internet
specially designated by the Secretary of
that promote internet freedom in North freedom tools, technologies, and new ap-
State pursuant to section 201(b) as a major
Korea, including monitoring and evaluation proaches, including both digital and non-dig-
source of wildlife trafficking products or
efforts. ital means of information sharing related to
their derivatives, a major transit point of
(8) A description of grantee programs of North Korea.
wildlife trafficking products or their deriva-
the United States Agency for Global Media (2) To explore public-private partnerships
tives, or a major consumer of wildlife traf-
in North Korea that facilitate circumvention to counter North Korea’s repressive censor-
ficking products, in which—
tools and broadcasting, including monitoring ship and surveillance state.
‘‘(A) the government has actively engaged
and evaluation efforts. (3) To develop new means to protect the
in, or knowingly profited from, the traf-
(9) A detailed assessment of how the privacy and identity of individuals receiving
ficking of protected species; or
United States International Broadcasting media from the United States Agency for
‘‘(B) the government facilitates such traf-
Surge Capacity Fund authorized under sec- Global Media and other outside media out-
ficking through conduct that may include a
tion 316 of the United States International lets from within North Korea.
persistent failure to make serious and sus-
Broadcasting Act of 1994 (22 U.S.C. 6216) has (4) To bolster existing programming from
tained efforts to prevent and prosecute such
operated to respond to crisis situations in the United States Agency for Global Media
trafficking.’’; and
the past, and how authority to transfer un- by restoring the broadcasting capacity of
(3) in paragraph (11), by striking ‘‘section
obligated balances from expired accounts damaged antennas caused by Typhoon Yutu
201’’ and inserting ‘‘section 301’’.
would help the United States Agency for in 2018.
Global Media in crisis situations in the fu- (b) ANNUAL REPORTS.—Section 104(a)(7)(B) SEC. 1294. FRAMEWORK FOR INTERAGENCY RE-
SPONSE AND REPORTING.
ture. of the North Korean Human Rights Act of
(10) A detailed plan for how the authoriza- 2004 (22 U.S.C. 7814(a)(7)(B)) is amended— (a) REAUTHORIZATION OF REPORT ON MAJOR
tion of appropriations under section 1296 will (1) in the matter preceding clause (i)— WILDLIFE TRAFFICKING COUNTRIES.—Section
operate alongside and augment existing pro- (A) by striking ‘‘1 year after the date of the 201 of the Eliminate, Neutralize, and Disrupt
gramming from the relevant Federal agen- enactment of this paragraph’’ and inserting Wildlife Trafficking Act of 2016 (16 U.S.C.
cies and facilitate the development of new ‘‘September 30, 2022’’; and 7621) is amended—
tools to assist that programming. (B) by striking ‘‘Broadcasting Board of (1) in subsection (a), by striking ‘‘annually
(c) FORM OF STRATEGY.—The strategy re- Governors’’ and inserting ‘‘Chief Executive thereafter’’ and inserting ‘‘biennially there-
quired by subsection (a) shall be submitted Officer of the United States Agency for Glob- after by June 1 of each year in which a re-
in unclassified form, but may include the al Media’’; and port is required’’; and
matters required by subsection (b) in a clas- (2) in clause (i), by inserting after ‘‘this (2) by amending subsection (c) to read as
sified annex. section’’ the following: ‘‘and sections 1294 follows:
SEC. 1295. REPORT ON ENFORCEMENT OF SANC- and 1296 of the Otto Warmbier Countering ‘‘(c) DESIGNATION.—A country may be des-
TIONS WITH RESPECT TO NORTH North Korean Censorship and Surveillance ignated as a country of concern under sub-
KOREA.
Act of 2021’’. section (b) regardless of such country’s sta-
(a) IN GENERAL.—Not later than 180 days --- tus as a focus country.’’.
ctelli on DSK11ZRN23PROD with SENATE
after the date of the enactment of this Act, SA 4605. Mr. COONS (for himself and (b) PRESIDENTIAL TASK FORCE ON WILDLIFE
and annually thereafter through 2024, the TRAFFICKING RESPONSIBILITIES.—Section
Mr. PORTMAN) submitted an amend-
Secretary of State and the Secretary of the 301(a) of the Eliminate, Neutralize, and Dis-
Treasury shall jointly submit to the appro- ment intended to be proposed to rupt Wildlife Trafficking Act of 2016 (16
priate congressional committees a report on amendment SA 3867 submitted by Mr. U.S.C. 7631(a)) is amended—
sanctions-related activities and enforcement REED and intended to be proposed to (1) in paragraph (4), by striking ‘‘and’’ at
undertaken by the United States Govern- the bill H.R. 4350, to authorize appro- the end;
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S8116 CONGRESSIONAL RECORD — SENATE November 15, 2021
(2) by redesignating paragraph (5) as para- international nongovernmental conservation judicial district in which the person is found,
graph (10); and groups;’’. resides, or transacts business, on application
(3) by inserting after paragraph (4) the fol- (b) REQUIRED IMPLEMENTATION.—The Sec- by the United States and after notice to that
lowing: retary of State shall implement the proce- person, shall have jurisdiction to issue an
‘‘(5) pursue programs— dures established pursuant to section 620M(d) order requiring that person to appear and
‘‘(A) to expand the role of technology for of the Foreign Assistance Act of 1961, as give testimony before the Secretary, to ap-
anti-poaching and anti-trafficking efforts, in amended by subsection (a), including vetting pear and produce documents before the Sec-
partnership with the private sector, foreign individuals and units, whenever the United retary, or both.
governments, academia, and nongovern- States Agency for International Develop- ‘‘(B) FAILURE TO OBEY.—Any failure to obey
mental organizations (including technology ment, the United States Fish and Wildlife an order issued by a court under subpara-
companies and the transportation and logis- Service, or any other relevant Federal agen- graph (A) may be punished by that court as
tics sectors); and cy that partners with international non- a contempt of that court.’’.
‘‘(B) to enable local governments to de- governmental conservation groups provides (c) BALD AND GOLDEN EAGLE PROTECTION
velop and use such technologies; assistance to any unit of the security forces ACT.—
‘‘(6) consider programs and initiatives that of a foreign country. (1) CIVIL PENALTIES.—Subsection (b) of the
address the expansion of the illegal wildlife SEC. 1296. ISSUANCE OF SUBPOENAS IN WILD- first section of the Act of June 8, 1940 (16
LIFE TRAFFICKING CIVIL PENALTY U.S.C. 668(b)) (commonly known as the ‘‘Bald
trade to digital platforms, including the use
ENFORCEMENT ACTIONS. and Golden Eagle Protection Act’’), is
of digital currency and payment platforms
(a) ENDANGERED SPECIES ACT OF 1973.—Sec- amended—
for transactions by collaborating with the
tion 11(e) of the Endangered Species Act of (A) by striking ‘‘(b) Whoever, within the’’
private sector, academia, and nongovern-
1973 (16 U.S.C. 1540(e)) is amended by adding and inserting the following:
mental organizations, including social
at the end the following: ‘‘(b) CIVIL PENALTIES.—
media, e-commerce, and search engine com-
‘‘(7) ISSUANCE OF SUBPOENAS.— ‘‘(1) IN GENERAL.—Whoever, within the’’;
panies, as appropriate;
‘‘(A) IN GENERAL.—For the purposes of any and
‘‘(7)(A) establish and publish a procedure
inspection or investigation relating to the (B) by adding at the end the following:
for removing from the list in the biennial re-
import into, or the export from, the United ‘‘(2) HEARINGS; ISSUANCE OF SUBPOENAS.—
port any country of concern that no longer
States of any fish or wildlife or plants cov- ‘‘(A) HEARINGS.—Hearings held during pro-
meets the definition of country of concern
ered under this Act or relating to the deliv- ceedings for the assessment of civil penalties
under section 2(4);
ery, receipt, carrying, transport, shipment, under paragraph (1) shall be conducted in ac-
‘‘(B) include details about such procedure
sale, or offer for sale in interstate or foreign cordance with section 554 of title 5, United
in the next report required under section 201; States Code.
commerce of any such fish or wildlife or
‘‘(8)(A) implement interventions to address ‘‘(B) ISSUANCE OF SUBPOENAS.—
plants imported into or exported from the
the drivers of poaching, trafficking, and de- ‘‘(i) IN GENERAL.—For purposes of any hear-
United States, the Secretary, may issue sub-
mand for illegal wildlife and wildlife prod- ing held during proceedings for the assess-
poenas for the attendance and testimony of
ucts in focus countries and countries of con- ment of civil penalties under paragraph (1),
witnesses and the production of any papers,
cern; the Secretary may issue subpoenas for the
books, or other records relevant to the sub-
‘‘(B) set benchmarks for measuring the ef- attendance and testimony of witnesses and
ject matter under investigation.
fectiveness of such interventions; and the production of relevant papers, books, and
‘‘(B) FEES AND MILEAGE FOR WITNESSES.—A
‘‘(C) consider alignment and coordination documents, and may administer oaths.
witness summoned under subparagraph (A)
with indicators developed by the Task Force; ‘‘(ii) FEES AND MILEAGE FOR WITNESSES.—A
shall be paid the same fees and mileage that
‘‘(9) consider additional opportunities to witness summoned pursuant to clause (i)
are paid to witnesses in the courts of the
increase coordination between law enforce- shall be paid the same fees and mileage that
United States.
ment and financial institutions to identify are paid to witnesses in the courts of the
‘‘(C) REFUSAL TO OBEY SUBPOENAS.—
trafficking activity; and’’. United States.
‘‘(i) IN GENERAL.—In the case of a contu-
(c) PRESIDENTIAL TASK FORCE ON WILDLIFE ‘‘(iii) REFUSAL TO OBEY SUBPOENAS.—
macy or refusal to obey a subpoena served on
TRAFFICKING STRATEGIC REVIEW.—Section 301 ‘‘(I) IN GENERAL.—In the case of a contu-
any person pursuant to this paragraph, the
of the Eliminate, Neutralize, and Disrupt macy or refusal to obey a subpoena served on
district court of the United States for any
Wildlife Trafficking Act of 2016 (16 U.S.C. any person pursuant to this subparagraph,
judicial district in which the person is found,
7631), as amended by subsection (b), is fur- the district court of the United States for
resides, or transacts business, on application
ther amended— any judicial district in which the person is
by the United States and after notice to that
(1) in subsection (d)— found, resides, or transacts business, on ap-
person, shall have jurisdiction to issue an
(A) in the matter preceding paragraph (1), plication by the United States and after no-
order requiring that person to appear and
by striking ‘‘annually’’ and inserting ‘‘bien- tice to that person, shall have jurisdiction to
give testimony before the Secretary, to ap-
nially’’; issue an order requiring that person to ap-
pear and produce documents before the Sec-
(B) in paragraph (4), by striking ‘‘and’’ at pear and give testimony before the Sec-
retary, or both.
the end; retary, to appear and produce documents be-
‘‘(ii) FAILURE TO OBEY.—Any failure to obey
(C) in paragraph (5), by striking the period fore the Secretary, or both.
an order issued by a court under clause (i)
at the end and inserting ‘‘; and’’; and ‘‘(II) FAILURE TO OBEY.—Any failure to
may be punished by that court as a contempt
(D) by adding at the end the following: obey an order issued by a court under sub-
of that court.’’.
‘‘(6) an analysis of the indicators developed (b) LACEY ACT AMENDMENTS OF 1981.—Sec- clause (I) may be punished by that court as
by the Task Force, and recommended by the tion 6 of the Lacey Act Amendments of 1981 a contempt of that court.’’.
Government Accountability Office, to track (16 U.S.C. 3375) is amended by adding at the (2) INVESTIGATORY SUBPOENAS.—Section 3
and measure inputs, outputs, law enforce- end the following: of the Act of June 8, 1940 (16 U.S.C. 668b)
ment outcomes, and the market for wildlife ‘‘(e) ISSUANCE OF SUBPOENAS.— (commonly known as the ‘‘Bald and Golden
products for each focus country listed in the ‘‘(1) IN GENERAL.—For the purposes of any Eagle Protection Act’’), is amended by add-
report, including baseline measures, as ap- inspection or investigation relating to the ing at the end the following:
propriate, for each indicator in each focus import into, or the export from, the United ‘‘(d) ISSUANCE OF SUBPOENAS.—
country to determine the effectiveness and States of any fish or wildlife or plants cov- ‘‘(1) IN GENERAL.—For the purposes of any
appropriateness of such indicators to assess ered under the Lacey Act of 1900 (16 U.S.C. inspection or investigation relating to the
progress and whether additional or separate 3371 et seq.) or relating to the transport, import into or the export from the United
indicators, or adjustments to indicators, sale, receipt, acquisition, or purchase in States of any bald or golden eagles covered
may be necessary for focus countries.’’; and interstate or foreign commerce of any such under this Act, or any parts, nests, or eggs of
(2) by striking subsection (e). fish or wildlife or plants imported into or ex- any such bald or golden eagles, the Secretary
SEC. 1295. FUNDING SAFEGUARDS. ported from the United States, the Secretary may issue subpoenas for the attendance and
(a) PROCEDURES FOR OBTAINING CREDIBLE may issue subpoenas for the attendance and testimony of witnesses and the production of
INFORMATION.—Section 620M(d) of the For- testimony of witnesses and the production of any papers, books, or other records relevant
eign Assistance Act of 1961 (22 U.S.C. any papers, books, or other records relevant to the subject matter under investigation.
2378d(d)) is amended— to the subject matter under investigation. ‘‘(2) FEES AND MILEAGE FOR WITNESSES.—A
(1) by redesignating paragraphs (4), (5), (6), ‘‘(2) FEES AND MILEAGE FOR WITNESSES.—A witness summoned under paragraph (1) shall
and (7) as paragraphs (5), (6), (7), and (8), re- witness summoned under paragraph (1) shall be paid the same fees and mileage that are
spectively; and be paid the same fees and mileage that are paid to witnesses in the courts of the United
ctelli on DSK11ZRN23PROD with SENATE
(2) by inserting after paragraph (3) the fol- paid to witnesses in the courts of the United States.
lowing: States. ‘‘(3) REFUSAL TO OBEY SUBPOENAS.—
‘‘(4) routinely request and obtain such in- ‘‘(3) REFUSAL TO OBEY SUBPOENAS.— ‘‘(A) IN GENERAL.—In the case of a contu-
formation from the United States Agency for ‘‘(A) IN GENERAL.—In the case of a contu- macy or refusal to obey a subpoena served on
International Development, the United macy or refusal to obey a subpoena served on any person pursuant to this subsection, the
States Fish and Wildlife Service, and other any person pursuant to this subsection, the district court of the United States for any
relevant Federal agencies that partner with district court of the United States for any judicial district in which the person is found,
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8117
resides, or transacts business, on application (v) The status of the flight test, such as lowing period, shall be covered by notifica-
by the United States and after notice to that conducted-objectives achieved, conducted- tions under subsection (a) for both periods.
person, shall have jurisdiction to issue an objectives not achieved (failure or no-test), (2) FORM.—Each notification submitted
order requiring that person to appear and delayed, or canceled. under subsection (a) shall be submitted in
give testimony before the Secretary, to ap- (vi) In the event of a flight test status of unclassified form, but may include a classi-
pear and produce documents before the Sec- conducted-objectives not achieved (failure or fied annex.
retary, or both. no-test), delayed, or canceled—
‘‘(B) FAILURE TO OBEY.—Any failure to obey (I) the reasons the flight test did not suc- SA 4607. Mr. KELLY submitted an
an order issued by a court under subpara- ceed or occur; amendment intended to be proposed to
graph (A) may be punished by that court as (II) in the event of a flight test status of amendment SA 3867 submitted by Mr.
a contempt of that court.’’. failure or no-test, the plan and cost estimate REED and intended to be proposed to
to retest, if necessary, and any contractor li-
SA 4606. Mr. REED submitted an the bill H.R. 4350, to authorize appro-
ability, if appropriate;
amendment intended to be proposed to (III) in the event of a flight test delay, the priations for fiscal year 2022 for mili-
amendment SA 3867 submitted by Mr. fiscal year and quarter the objectives were tary activities of the Department of
REED and intended to be proposed to first planned to be met, the names of the Defense, for military construction, and
the bill H.R. 4350, to authorize appro- flight tests the objectives have been moved for defense activities of the Depart-
priations for fiscal year 2022 for mili- to, the aggregate duration of the delay to- ment of Energy, to prescribe military
tary activities of the Department of date, and, if applicable, any risks to the personnel strengths for such fiscal
Defense, for military construction, and warfighter from the delay; and year, and for other purposes; which was
(IV) in the event of a flight test cancella-
for defense activities of the Depart- ordered to lie on the table; as follows:
tion, the fiscal year and quarter the objec-
ment of Energy, to prescribe military tives were first planned to be met, whether Strike section 813 and insert the following:
personnel strengths for such fiscal the objectives from the canceled test were SEC. 813. LIMITATION ON AUTHORITY TO USE
year, and for other purposes; which was met by other means, moved to a different INTERGOVERNMENTAL SUPPORT
AGREEMENTS FOR INSTALLATION-
ordered to lie on the table; as follows: flight test, or removed, a revised spend plan SUPPORT SERVICES.
At the appropriate place in title XV, insert for the remaining funding the agency re-
Section 2679(a) of title 10, United States
the following: ceived for the flight test to-date, and, if ap-
Code, is amended by adding at the end the
SEC. lll. SEMIANNUAL NOTIFICATIONS RE- plicable, any risks to the warfighter from
following new paragraph:
GARDING MISSILE DEFENSE TESTS the cancellation; and
AND COSTS. ‘‘(5) Nothing in this subsection shall be
(vii) the status of any decisions reached by
(a) SEMIANNUAL NOTIFICATIONS REQUIRED.— construed as limiting the authority or appli-
failure review boards open or completed dur-
For each period described in subsection (b), cability to any contract of section 8503(a) of
ing the period covered by the notification.
the Director of the Missile Defense Agency title 41.’’.
(B) With respect to each ground test de-
shall submit to the congressional defense scribed in subsection (a)(2), the following:
committees a notification of all— SA 4608. Mr. PETERS (for himself
(i) The planned cost (the most recent
(1) flight tests (intercept and non-inter- ground test cost estimate), the actual costs
and Mr. PORTMAN) submitted an
cept) planned to occur during the period cov- and expenditures to-date, and an estimate of amendment intended to be proposed to
ered by the notification based on the Inte- any remaining costs and expenditures. amendment SA 3867 submitted by Mr.
grated Master Test Plan the Director used to (ii) The designation of the ground test, REED and intended to be proposed to
support the President’s budget submission whether developmental, operational, or both. the bill H.R. 4350, to authorize appro-
under section 1105 of title 31, United States (iii) All changes made to the scope and ob- priations for fiscal year 2022 for mili-
Code, for the fiscal year of the period cov- jectives of the ground test and an expla-
ered; and tary activities of the Department of
nation for such changes. Defense, for military construction, and
(2) ground tests planned to occur during (iv) The status of the ground test, such as
such period based on such plan. conducted-objectives achieved, conducted-
for defense activities of the Depart-
(b) PERIODS COVERED.—For purposes of this objectives not achieved (failure or no-test), ment of Energy, to prescribe military
section, the periods covered under this sec- delayed, or canceled. personnel strengths for such fiscal
tion are— (v) In the case of a ground test status of year, and for other purposes; which was
(1) the first 180-calendar-day period begin- conducted-objectives not achieved (failure or ordered to lie on the table; as follows:
ning on the date that is 90 days after the no-test), delayed, or canceled—
date of the enactment of this Act; and At the end, add the following:
(I) the reasons the ground test did not suc-
(2) each subsequent, sequential 180-cal- DIVISION E—INSPECTOR GENERAL INDE-
ceed or occur; and
endar-day period beginning thereafter until PENDENCE AND EMPOWERMENT ACT
(II) if applicable, any risks to the
the date that is five years and 90 calendar OF 2021
warfighter from the ground test not suc-
days after the date of the enactment of this ceeding or occurring; SEC. 5101. SHORT TITLE.
Act. (vi) The participating system and element This division may be cited as the ‘‘Inspec-
(c) TIMING OF NOTIFICATION SUBMITTAL.— tor General Independence and Empowerment
models used for conducting ground tests and
Each notification submitted under sub- Act of 2021’’.
section (a) for a period described in sub- the accreditation status of the participating
section (b) shall be submitted— system and element models. TITLE LI—INSPECTOR GENERAL
(1) not earlier than 30 calendar days before (vii) Identification of any cybersecurity INDEPENDENCE
the last day of the period; and tests conducted or planned to be conducted SEC. 5111. SHORT TITLE.
(2) not later than the last day of the pe- as part of the ground test. This title may be cited as the ‘‘Securing
riod. (viii) For each cybersecurity test identified Inspector General Independence Act of 2021’’.
(d) CONTENTS.—Each notification sub- under subparagraph (G), the status of the cy- SEC. 5112. REMOVAL OR TRANSFER OF INSPEC-
mitted under subsection (a) shall include the bersecurity test, such as conducted-objec- TORS GENERAL; PLACEMENT ON
following: tives achieved, conducted-objectives not NON-DUTY STATUS.
(1) For the period covered by the notifica- achieved (failure or no-test), delayed, or can- (a) IN GENERAL.—The Inspector General
tion: celed. Act of 1978 (5 U.S.C. App.) is amended—
(A) With respect to each flight test de- (ix) In the case of a cybersecurity test (1) in section 3(b)—
scribed in subsection (a)(1), the following: identified under subparagraph (G) with a sta- (A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’;
(i) The entity responsible for leading the tus of conducted-objectives, not achieved, (B) in paragraph (1), as so designated—
flight test (such as the Missile Defense Agen- delayed, or canceled— (i) in subparagraph (A), as so designated, in
cy, the Army, or the Navy) and the classi- (I) the reasons for such status; and the second sentence—
fication level of the flight test. (II) any risks, if applicable, to the (I) by striking ‘‘reasons’’ and inserting the
(ii) The planned cost (the most recent warfighter from the cybersecurity test not following: ‘‘substantive rationale, including
flight test cost estimate, including intercep- succeeding or occurring. detailed and case-specific reasons,’’; and
tors and targets), the actual costs and ex- (2) To the degree applicable and known, the (II) by inserting ‘‘(including to the appro-
penditures to-date, and an estimate of any matters covered by paragraph (1) but for the priate congressional committees)’’ after
remaining costs and expenditures. period subsequent to the covered period. ‘‘Houses of Congress’’; and
ctelli on DSK11ZRN23PROD with SENATE
(iii) All funding (including any appro- (e) ADDITIONAL MATTERS.— (ii) by adding at the end the following:
priated, transferred, or reprogrammed fund- (1) EVENTS SPANNING MULTIPLE NOTIFICA- ‘‘(B) If there is an open or completed in-
ing) the Agency has received to-date for the TION PERIODS.—Events that span from one pe- quiry into an Inspector General that relates
flight test. riod described in subsection (b) into another to the removal or transfer of the Inspector
(iv) All changes made to the scope and ob- described in such subsection, such as a the General under subparagraph (A), the written
jectives of the flight test and an explanation case of a failure review board convening in communication required under that subpara-
for such changes. one period and reaching a decision in the fol- graph shall—
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S8118 CONGRESSIONAL RECORD — SENATE November 15, 2021
‘‘(i) identify each entity that is con- ‘‘(II) in the case of the Inspector General of the 30-day period preceding the date on
ducting, or that conducted, the inquiry; and the Central Intelligence Agency, a reference which the Inspector General is removed or
‘‘(ii) in the case of a completed inquiry, to section 17(b)(6) of the Central Intelligence transferred under paragraph (2)(A) unless the
contain the findings made during the in- Agency Act of 1949 (50 U.S.C. 3517(b)(6)); covered official—
quiry.’’; and ‘‘(III) in the case of the Special Inspector ‘‘(i) has made a determination that the
(C) by adding at the end the following: General for Afghanistan Reconstruction, a continued presence of the Inspector General
‘‘(2)(A) Subject to the other provisions of reference to section 1229(c)(6) of the National in the workplace poses a threat described in
this paragraph, only the President may place Defense Authorization Act for Fiscal Year any of clauses (i) through (iv) of section
an Inspector General on non-duty status. 2008 (Public Law 110–181; 122 Stat. 378); 6329b(b)(2)(A) of title 5, United States Code;
‘‘(B) If the President places an Inspector ‘‘(IV) in the case of the Special Inspector and
General on non-duty status, the President General for the Troubled Asset Relief Pro- ‘‘(ii) not later than the date on which the
shall communicate in writing the sub- gram, a reference to section 121(b)(4) of the change in status takes effect, submits to
stantive rationale, including detailed and Emergency Economic Stabilization Act of both Houses of Congress (including to the ap-
case-specific reasons, for the change in sta- 2008 (12 U.S.C. 5231(b)(4)); and propriate congressional committees) a writ-
tus to both Houses of Congress (including to ‘‘(V) in the case of the Special Inspector ten communication that contains the infor-
the appropriate congressional committees) General for Pandemic Recovery, a reference mation required under subparagraph (B), in-
not later than 15 days before the date on to section 4018(b)(3) of the CARES Act (15 cluding the report required under clause (ii)
which the change in status takes effect, ex- of that subparagraph.
U.S.C. 9053(b)(3)).’’; and
cept that the President may submit that ‘‘(D) Nothing in this paragraph may be
(2) in section 8G(e)—
communication not later than the date on construed to limit or otherwise modify—
(A) in paragraph (1), by inserting ‘‘or place-
which the change in status takes effect if— ‘‘(i) any statutory protection that is af-
ment on non-duty status’’ after ‘‘a removal’’;
‘‘(i) the President has made a determina- forded to an Inspector General; or
(B) in paragraph (2)—
tion that the continued presence of the In- ‘‘(ii) any other action that a covered offi-
(i) by inserting ‘‘(A)’’ after ‘‘(2)’’;
spector General in the workplace poses a cial may take under law with respect to an
(ii) in subparagraph (A), as so designated,
threat described in any of clauses (i) through Inspector General.’’.
in the first sentence—
(iv) of section 6329b(b)(2)(A) of title 5, United (b) TECHNICAL AND CONFORMING AMEND-
(I) by striking ‘‘reasons’’ and inserting the
States Code; and MENT.—Section 12(3) of the Inspector General
following: ‘‘substantive rationale, including
‘‘(ii) in the communication, the President Act of 1978 (5 U.S.C. App.) is amended by in-
detailed and case-specific reasons,’’; and
includes a report on the determination de- serting ‘‘except as otherwise expressly pro-
(II) by inserting ‘‘(including to the appro-
scribed in clause (i), which shall include— vided,’’ before ‘‘the term’’.
priate congressional committees)’’ after
‘‘(I) a specification of which clause of sec- SEC. 5113. VACANCY IN POSITION OF INSPECTOR
‘‘Houses of Congress’’; and
tion 6329b(b)(2)(A) of title 5, United States GENERAL.
(iii) by adding at the end the following:
Code, the President has determined applies ‘‘(B) If there is an open or completed in- (a) IN GENERAL.—Section 3 of the Inspector
under clause (i) of this subparagraph; quiry into an Inspector General that relates General Act of 1978 (5 U.S.C. App.) is amend-
‘‘(II) the substantive rationale, including to the removal or transfer of the Inspector ed by adding at the end the following:
detailed and case-specific reasons, for the de- ‘‘(h)(1) In this subsection—
General under subparagraph (A), the written
termination made under clause (i); communication required under that subpara- ‘‘(A) the term ‘first assistant to the posi-
‘‘(III) an identification of each entity that graph shall— tion of Inspector General’ means, with re-
is conducting, or that conducted, any in- ‘‘(i) identify each entity that is con- spect to an Office of Inspector General—
quiry upon which the determination under ducting, or that conducted, the inquiry; and ‘‘(i) an individual who, as of the day before
clause (i) was made; and ‘‘(ii) in the case of a completed inquiry, the date on which the Inspector General dies,
‘‘(IV) in the case of an inquiry described in contain the findings made during the in- resigns, or otherwise becomes unable to per-
subclause (III) that is completed, the find- quiry.’’; and form the functions and duties of that posi-
ings made during that inquiry. (C) by adding at the end the following: tion—
‘‘(C) The President may not place an In- ‘‘(3)(A) Subject to the other provisions of ‘‘(I) is serving in a position in that Office;
spector General on non-duty status during this paragraph, only the head of the applica- and
the 30-day period preceding the date on ble designated Federal entity (referred to in ‘‘(II) has been designated in writing by the
which the Inspector General is removed or this paragraph as the ‘covered official’) may Inspector General, through an order of suc-
transferred under paragraph (1)(A) unless the place an Inspector General on non-duty sta- cession or otherwise, as the first assistant to
President— tus. the position of Inspector General; or
‘‘(i) has made a determination that the ‘‘(B) If a covered official places an Inspec- ‘‘(ii) if the Inspector General has not made
continued presence of the Inspector General tor General on non-duty status, the covered a designation described in clause (i)(II)—
in the workplace poses a threat described in official shall communicate in writing the ‘‘(I) the Principal Deputy Inspector Gen-
any of clauses (i) through (iv) of section substantive rationale, including detailed and eral of that Office, as of the day before the
6329b(b)(2)(A) of title 5, United States Code; case-specific reasons, for the change in sta- date on which the Inspector General dies, re-
and tus to both Houses of Congress (including to signs, or otherwise becomes unable to per-
‘‘(ii) not later than the date on which the the appropriate congressional committees) form the functions and duties of that posi-
change in status takes effect, submits to not later than 15 days before the date on tion; or
both Houses of Congress (including to the ap- which the change in status takes effect, ex- ‘‘(II) if there is no Principal Deputy Inspec-
propriate congressional committees) a writ- cept that the covered official may submit tor General of that Office, the Deputy In-
ten communication that contains the infor- that communication not later than the date spector General of that Office, as of the day
mation required under subparagraph (B), in- on which the change in status takes effect before the date on which the Inspector Gen-
cluding the report required under clause (ii) if— eral dies, resigns, or otherwise becomes un-
of that subparagraph. ‘‘(i) the covered official has made a deter- able to perform the functions and duties of
‘‘(D) For the purposes of this paragraph— mination that the continued presence of the that position; and
‘‘(i) the term ‘Inspector General’— Inspector General in the workplace poses a ‘‘(B) the term ‘Inspector General’—
‘‘(I) means an Inspector General who was threat described in any of clauses (i) through ‘‘(i) means an Inspector General who is ap-
appointed by the President, without regard (iv) of section 6329b(b)(2)(A) of title 5, United pointed by the President, by and with the ad-
to whether the Senate provided advice and States Code; and vice and consent of the Senate; and
consent with respect to that appointment; ‘‘(ii) in the communication, the covered of- ‘‘(ii) includes the Inspector General of an
and ficial includes a report on the determination establishment, the Inspector General of the
‘‘(II) includes the Inspector General of an described in clause (i), which shall include— Intelligence Community, the Inspector Gen-
establishment, the Inspector General of the ‘‘(I) a specification of which clause of sec- eral of the Central Intelligence Agency, the
Intelligence Community, the Inspector Gen- tion 6329b(b)(2)(A) of title 5, United States Special Inspector General for the Troubled
eral of the Central Intelligence Agency, the Code, the covered official has determined ap- Asset Relief Program, and the Special In-
Special Inspector General for Afghanistan plies under clause (i) of this subparagraph; spector General for Pandemic Recovery.
Reconstruction, the Special Inspector Gen- ‘‘(II) the substantive rationale, including ‘‘(2) If an Inspector General dies, resigns,
eral for the Troubled Asset Relief Program, detailed and case-specific reasons, for the de- or is otherwise unable to perform the func-
and the Special Inspector General for Pan- termination made under clause (i); tions and duties of the position—
demic Recovery; and ‘‘(III) an identification of each entity that ‘‘(A) section 3345(a) of title 5, United States
‘‘(ii) a reference to the removal or transfer is conducting, or that conducted, any in- Code, and section 103(e) of the National Secu-
ctelli on DSK11ZRN23PROD with SENATE
of an Inspector General under paragraph (1), quiry upon which the determination under rity Act of 1947 (50 U.S.C. 3025(e)) shall not
or to the written communication described clause (i) was made; and apply;
in that paragraph, shall be considered to be— ‘‘(IV) in the case of an inquiry described in ‘‘(B) subject to paragraph (4), the first as-
‘‘(I) in the case of the Inspector General of subclause (III) that is completed, the find- sistant to the position of Inspector General
the Intelligence Community, a reference to ings made during that inquiry. shall perform the functions and duties of the
section 103H(c)(4) of the National Security ‘‘(C) A covered official may not place an Inspector General temporarily in an acting
Act of 1947 (50 U.S.C. 3033(c)(4)); Inspector General on non-duty status during capacity subject to the time limitations of
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8119
section 3346 of title 5, United States Code; ‘‘(5) If the President makes a direction days after that date, the President shall
and under paragraph (2)(C), during the 30-day pe- communicate, within 30 days after the end of
‘‘(C) notwithstanding subparagraph (B), riod preceding the date on which the direc- such period and not later than June 1 of each
and subject to paragraphs (4) and (5), the tion of the President takes effect, the func- year thereafter, to the appropriate congres-
President (and only the President) may di- tions and duties of the position of the appli- sional committees, as defined in section 12 of
rect an officer or employee of any Office of cable Inspector General shall be performed the Inspector General Act of 1978 (5 U.S.C.
an Inspector General to perform the func- by— App.)—
tions and duties of the Inspector General ‘‘(A) the first assistant to the position of ‘‘(1) the reasons why the President has not
temporarily in an acting capacity subject to Inspector General; or yet made a formal nomination; and
the time limitations of section 3346 of title 5, ‘‘(B) the individual performing those func- ‘‘(2) a target date for making a formal
United States Code, only if— tions and duties temporarily in an acting ca- nomination.’’.
‘‘(i) during the 365-day period preceding the pacity, as of the date on which the President (b) TECHNICAL AND CONFORMING AMEND-
date of death, resignation, or beginning of issues that direction, if that individual is an MENT.—The table of sections for subchapter
inability to serve of the Inspector General, individual other than the first assistant to III of chapter 33 of title 5, United States
the officer or employee served in a position the position of Inspector General.’’. Code, is amended by inserting after the item
in an Office of an Inspector General for not (b) RULE OF CONSTRUCTION.—Nothing in the relating to section 3349d the following:
less than 90 days, except that— amendment made by subsection (a) may be ‘‘3349e. Presidential explanation of failure to
‘‘(I) the requirement under this clause construed to limit the applicability of sec- nominate an Inspector Gen-
shall not apply if the officer is an Inspector tions 3345 through 3349d of title 5, United eral.’’.
General; and States Code (commonly known as the ‘‘Fed- (c) EFFECTIVE DATE.—The amendment
‘‘(II) for the purposes of this subparagraph, eral Vacancies Reform Act of 1998’’), other made by subsection (a) shall take effect—
performing the functions and duties of an In- than with respect to section 3345(a) of that (1) on the date of enactment of this Act
spector General temporarily in an acting ca- title. with respect to any vacancy first occurring
pacity does not qualify as service in a posi- (c) EFFECTIVE DATE.— on or after that date; and
tion in an Office of an Inspector General; (1) DEFINITION.—In this subsection, the (2) on the day that is 210 days after the
‘‘(ii) the rate of pay for the position of the term ‘‘Inspector General’’ has the meaning date of enactment of this Act with respect to
officer or employee described in clause (i) is given the term in subsection (h)(1)(B) of sec- any vacancy that occurred before the date of
equal to or greater than the minimum rate tion 3 of the Inspector General Act of 1978 (5 enactment of this Act.
of pay payable for a position at GS–15 of the U.S.C. App.), as added by subsection (a) of
TITLE LIII—INTEGRITY COMMITTEE OF
General Schedule; this section.
THE COUNCIL OF INSPECTORS GEN-
‘‘(iii) the officer or employee has dem- (2) APPLICABILITY.—
ERAL ON INTEGRITY AND EFFICIENCY
onstrated ability in accounting, auditing, fi- (A) IN GENERAL.—Except as provided in
TRANSPARENCY
nancial analysis, law, management analysis, subparagraph (B), this section, and the
amendments made by this section, shall take SEC. 5131. SHORT TITLE.
public administration, or investigations; and
‘‘(iv) not later than 30 days before the date effect on the date of enactment of this Act. This title may be cited as the ‘‘Integrity
on which the direction takes effect, the (B) EXISTING VACANCIES.—If, as of the date Committee Transparency Act of 2021’’.
President communicates in writing to both of enactment of this Act, an individual is SEC. 5132. ADDITIONAL INFORMATION TO BE IN-
performing the functions and duties of an In- CLUDED IN REQUESTS AND RE-
Houses of Congress (including to the appro- PORTS TO CONGRESS.
priate congressional committees) the sub- spector General temporarily in an acting ca-
pacity, this section, and the amendments Section 11(d) of the Inspector General Act
stantive rationale, including the detailed
made by this section, shall take effect with of 1978 (5 U.S.C. App.) is amended—
and case-specific reasons, for such direction,
respect to that Inspector General position on (1) in paragraph (5)(B)(ii), by striking the
including the reason for the direction that
the date that is 30 days after the date of en- period at the end and inserting ‘‘, the length
someone other than the individual who is
actment of this Act. of time the Integrity Committee has been
performing the functions and duties of the
SEC. 5114.
OFFICE OF INSPECTOR GENERAL
evaluating the allegation of wrongdoing, and
Inspector General temporarily in an acting
WHISTLEBLOWER COMPLAINTS. a description of any previous written notice
capacity (as of the date on which the Presi-
(a) WHISTLEBLOWER PROTECTION COORDI- provided under this clause with respect to
dent issues that direction) perform those
NATOR.—Section 3(d)(1)(C) of the Inspector the allegation of wrongdoing, including the
functions and duties temporarily in an act-
General Act of 1978 (5 U.S.C. App.) is amend- description provided for why additional time
ing capacity.
ed— was needed.’’; and
‘‘(3) Notwithstanding section 3345(a) of (2) in paragraph (8)(A)(ii), by inserting ‘‘or
title 5, United States Code, section 103(e) of (1) in clause (i), in the matter preceding
subclause (I), by inserting ‘‘, including em- corrective action’’ after ‘‘disciplinary ac-
the National Security Act of 1947 (50 U.S.C. tion’’.
3025(e)), and subparagraphs (B) and (C) of ployees of that Office of Inspector General’’
after ‘‘employees’’; and SEC. 5133. AVAILABILITY OF INFORMATION TO
paragraph (2), and subject to paragraph (4), CONGRESS ON CERTAIN ALLEGA-
during any period in which an Inspector Gen- (2) in clause (iii), by inserting ‘‘(including
TIONS OF WRONGDOING CLOSED
eral is on non-duty status— the Integrity Committee of that Council)’’ WITHOUT REFERRAL.
‘‘(A) the first assistant to the position of after ‘‘and Efficiency’’. Section 11(d)(5)(B) of the Inspector General
Inspector General shall perform the func- (b) COUNCIL OF THE INSPECTORS GENERAL ON
Act of 1978 (5 U.S.C. App.) is amended by add-
tions and duties of the position temporarily INTEGRITY AND EFFICIENCY.—Section
ing at the end the following:
in an acting capacity subject to the time 11(c)(5)(B) of the Inspector General Act of
‘‘(iii) AVAILABILITY OF INFORMATION TO CON-
limitations of section 3346 of title 5, United 1978 (5 U.S.C. App.) is amended by striking ‘‘,
GRESS ON CERTAIN ALLEGATIONS OF WRONG-
States Code; and allegations of reprisal,’’ and inserting the
DOING CLOSED WITHOUT REFERRAL.—
‘‘(B) if the first assistant described in sub- following: ‘‘and allegations of reprisal (in-
‘‘(I) IN GENERAL.—With respect to an alle-
paragraph (A) dies, resigns, or becomes oth- cluding the timely and appropriate handling
gation of wrongdoing made by a member of
erwise unable to perform those functions and and consideration of protected disclosures
Congress that is closed by the Integrity
duties, the President (and only the Presi- and allegations of reprisal that are internal
Committee without referral to the Chair-
dent) may direct an officer or employee in to an Office of Inspector General)’’.
person of the Integrity Committee to ini-
that Office of Inspector General to perform TITLE LII—PRESIDENTIAL EXPLANATION tiate an investigation, the Chairperson of
those functions and duties temporarily in an OF FAILURE TO NOMINATE AN INSPEC- the Integrity Committee shall, not later
acting capacity, subject to the time limita- TOR GENERAL than 60 days after closing the allegation of
tions of section 3346 of title 5, United States SEC. 5121. PRESIDENTIAL EXPLANATION OF FAIL- wrongdoing, provide a written description of
Code, if— URE TO NOMINATE AN INSPECTOR the nature of the allegation of wrongdoing
‘‘(i) that direction satisfies the require- GENERAL.
and how the Integrity Committee evaluated
ments under clauses (ii), (iii), and (iv) of (a) IN GENERAL.—Subchapter III of chapter the allegation of wrongdoing to—
paragraph (2)(C); and 33 of title 5, United States Code, is amended ‘‘(aa) the Chair and Ranking Minority
‘‘(ii) that officer or employee served in a by inserting after section 3349d the fol- Member of the Committee on Homeland Se-
position in that Office of Inspector General lowing: curity and Governmental Affairs of the Sen-
for not fewer than 90 of the 365 days pre- ‘‘§ 3349e. Presidential explanation of failure ate; and
ceding the date on which the President to nominate an inspector general ‘‘(bb) the Chair and Ranking Minority
makes that direction. ‘‘If the President fails to make a formal Member of the Committee on Oversight and
ctelli on DSK11ZRN23PROD with SENATE
‘‘(4) An individual may perform the func- nomination for a vacant inspector general Reform of the House of Representatives.
tions and duties of an Inspector General tem- position that requires a formal nomination ‘‘(II) REQUIREMENT TO FORWARD.—The
porarily and in an acting capacity under sub- by the President to be filled within the pe- Chairperson of the Integrity Committee
paragraph (B) or (C) of paragraph (2), or riod beginning on the later of the date on shall forward any written description or up-
under paragraph (3), with respect to only 1 which the vacancy occurred or on which a date provided under this clause to the mem-
Inspector General position at any given nomination is rejected, withdrawn, or re- bers of the Integrity Committee and to the
time. turned, and ending on the day that is 210 Chairperson of the Council.’’.
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S8120 CONGRESSIONAL RECORD — SENATE November 15, 2021
SEC. 5134. SEMIANNUAL REPORT. the Council of the Inspectors General on In- a subpoena are submitted under subsection
Section 11(d)(9) of the Inspector General tegrity and Efficiency shall, immediately (e).
Act of 1978 (5 U.S.C. App.) is amended to read whenever the Chairperson of the Integrity ‘‘(b) TESTIMONIAL SUBPOENA AUTHORITY.—
as follows: Committee becomes aware of particularly se- ‘‘(1) IN GENERAL.—In addition to the au-
‘‘(9) SEMIANNUAL REPORT.—On or before rious or flagrant problems, abuses, or defi- thority otherwise provided by this Act and
May 31, 2022, and every 6 months thereafter, ciencies relating to the administration of in accordance with the requirements of this
the Council shall submit to Congress and the programs and operations of an Office of In- section, each Inspector General, in carrying
President a report on the activities of the In- spector General for which the Integrity Com- out the provisions of this Act or the provi-
tegrity Committee during the immediately mittee may receive, review, and refer for in- sions of the authorizing statute of the In-
preceding 6-month periods ending March 31 vestigation allegations of wrongdoing under spector General, as applicable, is authorized
and September 30, which shall include the section 11(d), submit a report to the Inspec- to require by subpoena the attendance and
following with respect to allegations of tor General who leads the Office at which the testimony of witnesses as necessary in the
wrongdoing that are made against Inspectors serious or flagrant problems, abuses, or defi- performance of an audit, inspection, evalua-
General and staff members of the various Of- ciencies were alleged. tion, or investigation, which subpoena, in
fices of Inspector General described in para- ‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND the case of contumacy or refusal to obey,
graph (4)(C): THE ESTABLISHMENT.—Not later than 7 days shall be enforceable by order of any appro-
‘‘(A) An overview and analysis of the alle- after the date on which an Inspector General priate United States district court.
gations of wrongdoing disposed of by the In- receives a report submitted under paragraph ‘‘(2) PROHIBITION.—An Inspector General
tegrity Committee, including— (1), the Inspector General shall submit to the may not require by subpoena the attendance
‘‘(i) analysis of the positions held by indi- President, the appropriate congressional and testimony of a Federal employee or em-
viduals against whom allegations were made, committees, and the head of the establish- ployee of a designated Federal entity, but
including the duties affiliated with such po- ment— may use other authorized procedures.
sitions; ‘‘(A) the report received under paragraph ‘‘(3) DETERMINATION BY INSPECTOR GEN-
‘‘(ii) analysis of the categories or types of (1); and ERAL.—The determination of whether a mat-
the allegations of wrongdoing; and ‘‘(B) a report by the Inspector General con- ter constitutes an audit, inspection, evalua-
‘‘(iii) a summary of disposition of all the taining any comments the Inspector General tion, or investigation shall be at the discre-
allegations. determines appropriate.’’. tion of the applicable Inspector General.
‘‘(B) The number of allegations received by
SEC. 5136. REQUIREMENT TO REPORT FINAL DIS- ‘‘(c) LIMITATION ON DELEGATION.—The au-
the Integrity Committee. POSITION TO CONGRESS.
‘‘(C) The number of allegations referred to thority to issue a subpoena under subsection
Section 11(d)(8)(B) of the Inspector General (b) may only be delegated to an official per-
the Department of Justice or the Office of
Act of 1978 (5 U.S.C. App.) is amended by in- forming the functions and duties of an In-
Special Counsel, including the number of al-
serting ‘‘and the appropriate congressional spector General when the Inspector General
legations referred for criminal investigation.
committees’’ after ‘‘Integrity Committee’’. position is vacant or when the Inspector
‘‘(D) The number of allegations referred to
SEC. 5137. INVESTIGATIONS OF OFFICES OF IN- General is unable to perform the functions
the Chairperson of the Integrity Committee SPECTORS GENERAL OF ESTABLISH-
for investigation, a general description of and duties of the Office of the Inspector Gen-
MENTS BY THE INTEGRITY COM- eral.
the status of such investigations, and a sum- MITTEE.
mary of the findings of investigations com- ‘‘(d) NOTICE TO ATTORNEY GENERAL.—
Section 11(d)(7)(B)(i)(V) of the Inspector
pleted. ‘‘(1) IN GENERAL.—Not less than 10 days be-
General Act of 1978 (5 U.S.C. App.) is amend-
‘‘(E) An overview and analysis of allega- fore submitting a request for approval to
ed by inserting ‘‘, and that an investigation
tions of wrongdoing received by the Integ- issue a subpoena to the Subpoena Panel
of an Office of Inspector General of an estab-
rity Committee during any previous report- under subsection (e), an Inspector General
lishment is conducted by another Office of
ing period, but remained pending during shall—
Inspector General of an establishment’’ after
some part of the six months covered by the ‘‘(A) notify the Attorney General of the
‘‘size’’.
report, including— plan of the Inspector General to issue the
TITLE LIV—TESTIMONIAL SUBPOENA subpoena; and
‘‘(i) analysis of the positions held by indi-
AUTHORITY FOR INSPECTORS GENERAL ‘‘(B) take into consideration any informa-
viduals against whom allegations were made,
including the duties affiliated with such po- SEC. 5141. SHORT TITLE. tion provided by the Attorney General relat-
sitions; This title may be cited as the ‘‘IG Testi- ing to the subpoena.
‘‘(ii) analysis of the categories or types of monial Subpoena Authority Act’’. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in
the allegations of wrongdoing; and SEC. 5142. ADDITIONAL AUTHORITY PROVISIONS this subsection may be construed to prevent
‘‘(iii) a summary of disposition of all the FOR INSPECTORS GENERAL. an Inspector General from submitting to the
allegations. The Inspector General Act of 1978 (5 U.S.C. Subpoena Panel under subsection (e) a re-
‘‘(F) The number and category or type of App.) is amended— quest for approval to issue a subpoena if 10
pending investigations. (1) by inserting after section 6 the fol- or more days have elapsed since the date on
‘‘(G) For each allegation received— lowing: which the Inspector General submits to the
‘‘(i) the date on which the investigation ‘‘SEC. 6A. ADDITIONAL AUTHORITY. Attorney General the notification required
was opened; ‘‘(a) DEFINITIONS.—In this section— under paragraph (1)(A) with respect to that
‘‘(ii) the date on which the allegation was ‘‘(1) the term ‘Chairperson’ means the subpoena.
disposed of, as applicable; and Chairperson of the Council of the Inspectors ‘‘(e) PANEL REVIEW BEFORE ISSUANCE.—
‘‘(iii) the case number associated with the General on Integrity and Efficiency; ‘‘(1) APPROVAL REQUIRED.—
allegation. ‘‘(2) the term ‘Inspector General’— ‘‘(A) REQUEST FOR APPROVAL BY SUBPOENA
‘‘(H) The nature and number of allegations ‘‘(A) means an Inspector General of an es- PANEL.—Before the issuance of a subpoena
to the Integrity Committee closed without tablishment or a designated Federal entity described in subsection (b), an Inspector Gen-
referral, including the justification for why (as defined in section 8G(a)); and eral shall submit to a panel a request for ap-
each allegation was closed without referral. ‘‘(B) includes— proval to issue the subpoena, which shall in-
‘‘(I) A brief description of any difficulty ‘‘(i) the Inspector General of the Central clude a determination by the Inspector Gen-
encountered by the Integrity Committee Intelligence Agency established under sec- eral that—
when receiving, evaluating, investigating, or tion 17 of the Central Intelligence Agency ‘‘(i) the testimony is likely to be reason-
referring for investigation an allegation re- Act of 1949 (50 U.S.C. 3517); ably relevant to the audit, inspection, eval-
ceived by the Integrity Committee, includ- ‘‘(ii) the Inspector General of the Intel- uation, or investigation for which the sub-
ing a brief description of— ligence Community established under sec- poena is sought; and
‘‘(i) any attempt to prevent or hinder an tion 103H of the National Security Act of 1947 ‘‘(ii) the information to be sought cannot
investigation; or (50 U.S.C. 3033); be reasonably obtained through other means.
‘‘(ii) concerns about the integrity or oper- ‘‘(iii) the Special Inspector General for Af- ‘‘(B) COMPOSITION OF SUBPOENA PANEL.—
ations at an Office of Inspector General. ghanistan Reconstruction established under ‘‘(i) IN GENERAL.—Subject to clauses (ii)
‘‘(J) Other matters that the Council con- section 1229 of the National Defense Author- and (iii), a Subpoena Panel shall be com-
siders appropriate.’’. ization Act for Fiscal Year 2008 (Public Law prised of 3 inspectors general appointed by
SEC. 5135. ADDITIONAL REPORTS. 110–181; 122 Stat. 379); the President and confirmed by the Senate,
Section 5 of the Inspector General Act of ‘‘(iv) the Special Inspector General for the who shall be randomly drawn by the Chair-
1978 (5 U.S.C. App.) is amended— Troubled Asset Relief Plan established under person or a designee of the Chairperson from
ctelli on DSK11ZRN23PROD with SENATE
(1) by redesignating subsections (e) and (f) section 121 of the Emergency Economic Sta- a pool of all such inspectors general.
as subsections (g) and (h), respectively; and bilization Act of 2008 (12 U.S.C. 5231); and ‘‘(ii) CLASSIFIED INFORMATION.—If consider-
(2) by inserting after subsection (d) the fol- ‘‘(v) the Special Inspector General for Pan- ation of a request for a subpoena submitted
lowing: demic Recovery established under section under subparagraph (A) would require access
‘‘(e) ADDITIONAL REPORTS.— 4018 of the CARES Act (15 U.S.C. 9053); and to classified information, the Chairperson or
‘‘(1) REPORT TO INSPECTOR GENERAL.—The ‘‘(3) the term ‘Subpoena Panel’ means the a designee of the Chairperson may limit the
Chairperson of the Integrity Committee of panel to which requests for approval to issue pool of inspectors general described in clause
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8121
(i) to appropriately cleared inspectors gen- ‘‘(A) an anonymized description of the indi- SEC. 5152. INVESTIGATIONS OF DEPARTMENT OF
eral. vidual or organization to whom the subpoena JUSTICE PERSONNEL.
‘‘(iii) CONFIRMATION OF AVAILABILITY.—If an was directed; Section 8E of the Inspector General Act of
inspector general drawn from the pool de- ‘‘(B) the date on which the subpoena re- 1978 (5 U.S.C. App.) is amended—
scribed in clause (i) does not confirm their quest was sent to the Attorney General, the (1) in subsection (b)—
availability to serve on the Subpoena Panel date on which the Attorney General re- (A) in paragraph (2), by striking ‘‘and para-
within 24 hours of receiving a notification sponded, and whether the Attorney General graph (3)’’;
from the Chairperson or a designee of the provided information regarding the subpoena (B) by striking paragraph (3);
Chairperson regarding selection for the Sub- request, including whether the Attorney (C) by redesignating paragraphs (4) and (5)
poena Panel, the Chairperson or a designee General opposed issuance of the proposed as paragraphs (3) and (4), respectively; and
of the Chairperson may randomly draw a subpoena; (D) in paragraph (4), as redesignated, by
new inspector general from the pool to serve ‘‘(C) the members of the Subpoena Panel striking ‘‘paragraph (4)’’ and inserting
on the Subpoena Panel. considering the subpoena; ‘‘paragraph (3)’’; and
‘‘(C) CONTENTS OF REQUEST.—The request ‘‘(D) the date on which the subpoena re- (2) in subsection (d), by striking ‘‘, except
described in subparagraph (A) shall include quest was sent to the Subpoena Panel, the with respect to allegations described in sub-
any information provided by the Attorney date on which the Subpoena Panel approved section (b)(3),’’.
General related to the subpoena, which the or disapproved the subpoena request, and the TITLE LVI—NOTICE OF ONGOING INVES-
Attorney General requests that the Sub- decision of the Subpoena Panel; and TIGATIONS WHEN THERE IS A CHANGE
poena Panel consider. ‘‘(E) the date on which the subpoena was IN STATUS OF INSPECTOR GENERAL
‘‘(D) PROTECTION FROM DISCLOSURE.— issued, if approved; and
‘‘(i) IN GENERAL.—The information con- SEC. 5161. NOTICE OF ONGOING INVESTIGATIONS
‘‘(4) any other information the Council of WHEN THERE IS A CHANGE IN STA-
tained in a request submitted by an Inspec- the Inspectors General on Integrity and Effi- TUS OF INSPECTOR GENERAL.
tor General under subparagraph (A) and the ciency considers appropriate to include.
identification of a witness shall be protected Section 5 of the Inspector General Act of
‘‘(g) TRAINING AND STANDARDS.—The Coun- 1978 (5 U.S.C. App.) is amended by inserting
from disclosure to the extent permitted by
cil of the Inspectors General on Integrity after subsection (e), as added by section 5135
law.
and Efficiency, in consultation with the At- of this division, the following:
‘‘(ii) REQUEST FOR DISCLOSURE.—Any re-
torney General, shall promulgate standards ‘‘(f) Not later than 15 days after an Inspec-
quest for disclosure of the information de-
and provide training relating to the issuance tor General is removed, placed on paid or un-
scribed in clause (i) shall be submitted to the
of subpoenas, conflicts of interest, and any paid non-duty status, or transferred to an-
Inspector General requesting the subpoena.
other matter the Council determines nec- other position or location within an estab-
‘‘(2) TIME TO RESPOND.—
essary to carry out this section. lishment, the officer or employee performing
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the Subpoena Panel shall ‘‘(h) APPLICABILITY.—The provisions of this the functions and duties of the Inspector
approve or deny a request for approval to section shall not affect the exercise of au- General temporarily in an acting capacity
issue a subpoena submitted under paragraph thority by an Inspector General of testi- shall submit to the Committee on Homeland
(1) not later than 10 days after the submis- monial subpoena authority established under Security and Governmental Affairs of the
sion of the request. another provision of law. Senate and the Committee on Oversight and
‘‘(B) ADDITIONAL INFORMATION FOR PANEL.— ‘‘(i) TERMINATION.—The authorities pro- Reform of the House of Representatives in-
If the Subpoena Panel determines that addi- vided under subsection (b) shall terminate on formation regarding work being conducted
tional information is necessary to approve or January 1, 2027, provided that this subsection by the Office as of the date on which the In-
deny a request for approval to issue a sub- shall not affect the enforceability of a sub- spector General was removed, placed on paid
poena submitted by an Inspector General poena issued on or before December 31, or unpaid non-duty status, or transferred,
under paragraph (1), the Subpoena Panel 2026.’’; which shall include—
shall— (2) in section 5(a), as amended by section ‘‘(1) for each investigation—
‘‘(i) request that information; and 903 of this Act— ‘‘(A) the type of alleged offense;
‘‘(ii) approve or deny the request for ap- (A) in paragraph (16)(B), as so redesignated, ‘‘(B) the fiscal quarter in which the Office
proval submitted by the Inspector General by striking the period at the end and insert- initiated the investigation;
not later than 20 days after the Subpoena ing ‘‘; and’’; and ‘‘(C) the relevant Federal agency, includ-
Panel submits the request for information (B) by adding at the end the following: ing the relevant component of that Federal
under clause (i). ‘‘(17) a description of the use of subpoenas agency for any Federal agency listed in sec-
‘‘(3) APPROVAL BY PANEL.—If all members for the attendance and testimony of certain tion 901(b) of title 31, United States Code,
of the Subpoena Panel unanimously approve witnesses authorized under section 6A.’’; and under investigation or affiliated with the in-
a request for approval to issue a subpoena (3) in section 8G(g)(1), by inserting ‘‘6A,’’ dividual or entity under investigation; and
submitted by an Inspector General under before ‘‘and 7’’. ‘‘(D) whether the investigation is adminis-
paragraph (1), the Inspector General may SEC. 5143. REVIEW BY THE COMPTROLLER GEN- trative, civil, criminal, or a combination
issue the subpoena. ERAL. thereof, if known; and
‘‘(4) NOTICE TO COUNCIL AND ATTORNEY GEN- ‘‘(2) for any work not described in para-
Not later than January 1, 2026, the Comp-
ERAL.—Upon issuance of a subpoena by an In- graph (1)—
troller General of the United States shall
spector General under subsection (b), the In- ‘‘(A) a description of the subject matter
submit to the appropriate congressional
spector General shall provide contempora- and scope;
committees a report reviewing the use of tes-
neous notice of such issuance to the Chair- ‘‘(B) the relevant agency, including the rel-
timonial subpoena authority, which shall in-
person or a designee of the Chairperson and evant component of that Federal agency,
clude—
to the Attorney General. under review;
(1) a summary of the information included
‘‘(f) SEMIANNUAL REPORTING.—On or before ‘‘(C) the date on which the Office initiated
in the semiannual reports to Congress under
May 31, 2022, and every 6 months thereafter, the work; and
section 6A(f) of the Inspector General Act of
the Council of the Inspectors General on In- ‘‘(D) the expected time frame for comple-
1978 (5 U.S.C. App.), as added by this title, in-
tegrity and Efficiency shall submit to the tion.’’.
Committee on Homeland Security and Gov- cluding an analysis of any patterns and
trends identified in the use of the authority TITLE LVII—COUNCIL OF THE INSPEC-
ernmental Affairs of the Senate, the Com- TORS GENERAL ON INTEGRITY AND EF-
mittee on Oversight and Reform of the House during the reporting period;
(2) a review of subpoenas issued by inspec- FICIENCY REPORT ON EXPENDITURES
of Representatives, and the Comptroller Gen-
eral of the United States a report on the use tors general on and after the date of enact- SEC. 5171. CIGIE REPORT ON EXPENDITURES.
of subpoenas described in subsection (b) in ment of this Act to evaluate compliance Section 11(c)(3) of the Inspector General
any audit, inspection, evaluation, or inves- with this Act by the respective inspector Act of 1978 (5 U.S.C. App.) is amended by add-
tigation that concluded during the imme- general, the Subpoena Panel, and the Coun- ing at the end the following:
diately preceding 6-month periods ending cil of the Inspectors General on Integrity ‘‘(D) REPORT ON EXPENDITURES.—Not later
March 31 and September 30, which shall in- and Efficiency; and than November 30 of each year, the Chair-
clude— (3) any additional analysis, evaluation, or person shall submit to the appropriate com-
‘‘(1) a list of each Inspector General that recommendation based on observations or in- mittees or subcommittees of Congress, in-
has submitted a request for approval of a formation gathered by the Comptroller Gen- cluding the Committee on Appropriations of
subpoena to the Subpoena Panel; eral of the United States during the course the Senate and the Committee on Appropria-
ctelli on DSK11ZRN23PROD with SENATE
‘‘(2) for each applicable Inspector General, of the review. tions of the House of Representatives, a re-
the number of subpoenas submitted to the TITLE LV—INVESTIGATIONS OF port on the expenditures of the Council for
Subpoena Panel, approved by the Subpoena DEPARTMENT OF JUSTICE PERSONNEL the preceding fiscal year, including from di-
Panel, and disapproved by the Subpoena rect appropriations to the Council, inter-
Panel; SEC. 5151. SHORT TITLE. agency funding pursuant to subparagraph
‘‘(3) for each subpoena submitted to the This title may be cited as the ‘‘Inspector (A), a revolving fund pursuant to subpara-
Subpoena Panel for approval— General Access Act of 2021’’. graph (B), or any other source.’’.
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S8122 CONGRESSIONAL RECORD — SENATE November 15, 2021
TITLE LVIII—NOTICE OF REFUSAL TO (ii) in paragraph (2), by striking ‘‘commit- (iii) by amending subclause (II) to read as
PROVIDE INSPECTORS GENERAL ACCESS tees or subcommittees of the Congress’’ and follows:
SEC. 5181. NOTICE OF REFUSAL TO PROVIDE IN- inserting ‘‘congressional committees’’; ‘‘(II) the appropriate congressional com-
FORMATION OR ASSISTANCE TO IN- (4) in section 8D— mittees.’’; and
SPECTORS GENERAL. (A) in subsection (a)(3), by striking ‘‘Com- (B) in subsection (d)(8)(A)(iii), by striking
Section 6(c) of the Inspector General Act of mittees on Governmental Affairs and Fi- ‘‘to the’’ and all that follows through ‘‘juris-
1978 (5 U.S.C. App.) is amended by adding at nance of the Senate and the Committees on diction’’ and inserting ‘‘to the appropriate
the end the following: Government Operations and Ways and Means congressional committees’’; and
‘‘(3) If the information or assistance that is of the House of Representatives, and to other (10) in section 12—
the subject of a report under paragraph (2) is appropriate committees or subcommittees of (A) in paragraph (4), by striking ‘‘and’’ at
not provided to the Inspector General by the the Congress’’ and inserting ‘‘appropriate the end;
date that is 30 days after the report is made, congressional committees, including the (B) in paragraph (5), by striking the period
the Inspector General shall submit a notice Committee on Finance of the Senate and the at the end and inserting ‘‘; and’’; and
that the information or assistance requested Committee on Ways and Means of the House (C) by adding at the end the following:
has not been provided by the head of the es- of Representatives’’; and ‘‘(6) the term ‘appropriate congressional
tablishment involved or the head of the Fed- (B) in subsection (g)— committees’ means—
eral agency involved, as applicable, to the (i) in paragraph (1)— ‘‘(A) the Committee on Homeland Security
appropriate congressional committees.’’. (I) by striking ‘‘committees or subcommit- and Governmental Affairs of the Senate;
TITLE LIX—TRAINING RESOURCES FOR ‘‘(B) the Committee on Oversight and Re-
tees of the Congress’’ and inserting ‘‘congres-
INSPECTORS GENERAL AND OTHER form of the House of Representatives; and
sional committees’’; and
MATTERS ‘‘(C) any other relevant congressional com-
(II) by striking ‘‘Committees on Govern-
mittee or subcommittee of jurisdiction.’’.
SEC. 5191. TRAINING RESOURCES FOR INSPEC- mental Affairs and Finance of the Senate
SEC. 5193. SEMIANNUAL REPORTS.
TORS GENERAL. and the Committees on Government Reform
The Inspector General Act of 1978 (5 U.S.C.
Section 11(c)(1) of the Inspector General and Oversight and Ways and Means of the
App.) is amended—
Act of 1978 (5 U.S.C. App.) is amended— House of Representatives’’ and inserting
(1) in section 4(a)(2)—
(1) by redesignating subparagraphs (E) ‘‘Committee on Finance of the Senate and
(A) by inserting ‘‘, including’’ after ‘‘to
through (I) as subparagraphs (F) through (J), the Committee on Ways and Means of the
make recommendations’’; and
respectively; and House of Representatives’’; and
(B) by inserting a comma after ‘‘section
(2) by inserting after subparagraph (D) the (ii) in paragraph (2), by striking ‘‘commit-
5(a)’’;
following: tees or subcommittees of Congress’’ and in- (2) in section 5—
‘‘(E) support the professional development serting ‘‘congressional committees’’; (A) in subsection (a)—
of Inspectors General, including by providing (5) in section 8E— (i) by striking paragraphs (1) through (12)
training opportunities on the duties, respon- (A) in subsection (a)(3), by striking ‘‘Com- and inserting the following:
sibilities, and authorities under this Act and mittees on Governmental Affairs and Judici- ‘‘(1) a description of significant problems,
on topics relevant to Inspectors General and ary of the Senate and the Committees on abuses, and deficiencies relating to the ad-
the work of Inspectors General, as identified Government Operations and Judiciary of the ministration of programs and operations of
by Inspectors General and the Council.’’. House of Representatives, and to other ap- the establishment and associated reports and
SEC. 5192. DEFINITION OF APPROPRIATE CON- propriate committees or subcommittees of recommendations for corrective action made
GRESSIONAL COMMITTEES. the Congress’’ and inserting ‘‘appropriate by the Office;
The Inspector General Act of 1978 (5 U.S.C. congressional committees, including the ‘‘(2) an identification of each recommenda-
App.) is amended— Committee on the Judiciary of the Senate tion made before the reporting period, for
(1) in section 5— and the Committee on the Judiciary of the which corrective action has not been com-
(A) in subsection (b), in the matter pre- House of Representatives’’; and pleted, including the potential costs savings
ceding paragraph (1), by striking ‘‘commit- (B) in subsection (c)— associated with the recommendation;
tees or subcommittees of the Congress’’ and (i) by striking ‘‘committees or subcommit- ‘‘(3) a summary of significant investiga-
inserting ‘‘congressional committees’’; and tees of the Congress’’ and inserting ‘‘congres- tions closed during the reporting period;
(B) in subsection (d), by striking ‘‘commit- sional committees’’; and ‘‘(4) an identification of the total number
tees or subcommittees of Congress’’ and in- (ii) by striking ‘‘Committees on the Judici- of convictions during the reporting period re-
serting ‘‘congressional committees’’; ary and Governmental Affairs of the Senate sulting from investigations;
(2) in section 6(h)(4)— and the Committees on the Judiciary and ‘‘(5) information regarding each audit, in-
(A) in subparagraph (B), by striking ‘‘Gov- Government Operations of the House of Rep- spection, or evaluation report issued during
ernment’’; and resentatives’’ and inserting ‘‘Committee on the reporting period, including—
(B) by amending subparagraph (C) to read the Judiciary of the Senate and the Com- ‘‘(A) a listing of each audit, inspection, or
as follows: mittee on the Judiciary of the House of Rep- evaluation;
‘‘(C) Any other relevant congressional resentatives’’; ‘‘(B) if applicable, the total dollar value of
committee or subcommittee of jurisdic- (6) in section 8G— questioned costs (including a separate cat-
tion.’’; (A) in subsection (d)(2)(E), in the matter egory for the dollar value of unsupported
(3) in section 8— preceding clause (i), by inserting ‘‘the appro- costs) and the dollar value of recommenda-
(A) in subsection (b)— priate congressional committees, including’’ tions that funds be put to better use, includ-
(i) in paragraph (3), by striking ‘‘the Com- after ‘‘are’’; and ing whether a management decision had been
mittees on Armed Services and Govern- (B) in subsection (f)(3)— made by the end of the reporting period;
mental Affairs of the Senate and the Com- (i) in subparagraph (A)(iii), by striking ‘‘(6) information regarding any manage-
mittee on Armed Services and the Com- ‘‘Committee on Governmental Affairs of the ment decision made during the reporting pe-
mittee on Government Reform and Oversight Senate and the Committee on Government riod with respect to any audit, inspection, or
of the House of Representatives and to other Reform and Oversight of the House of Rep- evaluation issued during a previous report-
appropriate committees or subcommittees of resentatives, and to other appropriate com- ing period;’’;
the Congress’’ and inserting ‘‘the appropriate mittees or subcommittees of the Congress’’ (ii) by redesignating paragraphs (13)
congressional committees, including the and inserting ‘‘the appropriate congressional through (22) as paragraphs (7) through (16),
Committee on Armed Services of the Senate committees’’; and respectively;
and the Committee on Armed Services of the (ii) by striking subparagraph (C); (iii) by amending paragraph (13), as so re-
House of Representatives’’; and (7) in section 8I— designated, to read as follows:
(ii) in paragraph (4), by striking ‘‘and to (A) in subsection (a)(3), in the matter pre- ‘‘(13) a report on each investigation con-
other appropriate committees or subcommit- ceding subparagraph (A), by striking ‘‘com- ducted by the Office where allegations of
tees’’; and mittees and subcommittees of Congress’’ and misconduct were substantiated, including
(B) in subsection (f)— inserting ‘‘congressional committees’’; and the name of the senior Government em-
(i) in paragraph (1), by striking ‘‘the Com- (B) in subsection (d), by striking ‘‘commit- ployee, if already made public by the Office,
mittees on Armed Services and on Homeland tees and subcommittees of Congress’’ each and a detailed description of—
Security and Governmental Affairs of the place it appears and inserting ‘‘congressional ‘‘(A) the facts and circumstances of the in-
Senate and the Committees on Armed Serv- committees’’; vestigation; and
ices and on Oversight and Government Re- (8) in section 8N(b), by striking ‘‘commit- ‘‘(B) the status and disposition of the mat-
ctelli on DSK11ZRN23PROD with SENATE
form of the House of Representatives and to tees of Congress’’ and inserting ‘‘congres- ter, including—
other appropriate committees or subcommit- sional committees’’; ‘‘(i) if the matter was referred to the De-
tees of Congress’’ and inserting ‘‘the appro- (9) in section 11— partment of Justice, the date of the referral;
priate congressional committees, including (A) in subsection (b)(3)(B)(viii)— and
the Committee on Armed Services of the (i) by striking subclauses (III) and (IV); ‘‘(ii) if the Department of Justice declined
Senate and the Committee on Armed Serv- (ii) in subclause (I), by adding ‘‘and’’ at the the referral, the date of the declination;’’;
ices of the House of Representatives’’; and end; and and
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8123
(iv) in paragraph (15), as so redesignated, ‘‘(B) shall identify the number of reports in tor General Act of 1978 (5 U.S.C. App.), as
by striking subparagraphs (A) and (B) and in- each category so excluded.’’; added by subsection (a), with respect to such
serting the following: (C) by redesignating subsection (h), as so an audit, evaluation, inspection, or other
‘‘(A) any attempt by the establishment to redesignated by section 305, as subsection (i); non-investigative report shall attach to the
interfere with the independence of the Office, and original report in the manner described in
including— (D) by inserting after subsection (g), as so that clause.
‘‘(i) with budget constraints designed to redesignated by section 305, the following: SEC. 5195. REVIEW RELATING TO VETTING, PROC-
limit the capabilities of the Office; and ‘‘(h) If an Office has published any portion ESSING, AND RESETTLEMENT OF
‘‘(ii) incidents where the establishment has of the report or information required under EVACUEES FROM AFGHANISTAN
resisted or objected to oversight activities of subsection (a) to the website of the Office or AND THE AFGHANISTAN SPECIAL IM-
the Office or restricted or significantly de- on oversight.gov, the Office may elect to pro- MIGRANT VISA PROGRAM.
layed access to information, including the vide links to the relevant webpage or website (a) IN GENERAL.—In accordance with the
in the report of the Office under subsection Inspector General Act of 1978 (5 U.S.C. App.),
justification of the establishment for such
(a) in lieu of including the information in the Inspector General of the Department of
action; and
that report.’’. Homeland Security, jointly with the Inspec-
‘‘(B) a summary of each report made to the
SEC. 5194. SUBMISSION OF REPORTS THAT SPE-
head of the establishment under section tor General of the Department of State, and
CIFICALLY IDENTIFY NON-GOVERN-
6(c)(2) during the reporting period;’’; and MENTAL ORGANIZATIONS OR BUSI- in coordination with any appropriate inspec-
(B) in subsection (b)— NESS ENTITIES. tor general, shall conduct a thorough review
(i) by striking paragraphs (2) and (3) and (a) IN GENERAL.—Section 5(g) of the Inspec- of efforts to support and process evacuees
inserting the following: tor General Act of 1978 (5 U.S.C. App.), as so from Afghanistan and the Afghanistan spe-
‘‘(2) where final action on audit, inspec- redesignated by section 5135 of this division, cial immigrant visa program.
tion, and evaluation reports had not been is amended by adding at the end the fol- (b) ELEMENTS.—The review required by
taken before the commencement of the re- lowing: subsection (a) shall include an assessment of
porting period, statistical tables showing— ‘‘(6)(A) Except as provided in subparagraph the systems, staffing, policies, and programs
‘‘(A) with respect to management deci- (B), if an audit, evaluation, inspection, or used—
sions— other non-investigative report prepared by (1) to the screen and vet such evacuees, in-
‘‘(i) for each report, whether a manage- an Inspector General specifically identifies a cluding—
ment decision was made during the reporting specific non-governmental organization or (A) an assessment of whether personnel
period; business entity, whether or not the non-gov- conducting such screening and vetting were
‘‘(ii) if a management decision was made ernmental organization or business entity is appropriately authorized and provided with
during the reporting period, the dollar value the subject of that audit, evaluation, inspec- training, including training in the detection
of disallowed costs and funds to be put to tion, or non-investigative report— of fraudulent personal identification docu-
better use as agreed to in the management ‘‘(i) the Inspector General shall notify the ments;
decision; and non-governmental organization or business (B) an analysis of the degree to which such
‘‘(iii) total number of reports where a man- entity; screening and vetting deviated from United
agement decision was made during the re- ‘‘(ii) the non-governmental organization or States law, regulations, policy, and best
porting period and the total corresponding business entity shall have— practices relating to—
dollar value of disallowed costs and funds to ‘‘(I) 30 days to review the audit, evalua- (i) the screening and vetting of parolees,
be put to better use as agreed to in the man- tion, inspection, or non-investigative report refugees, and applicants for United States
agement decision; and beginning on the date of publication of the visas that have been in use at any time since
‘‘(B) with respect to final actions— audit, evaluation, inspection, or non-inves- January 1, 2016, particularly for individuals
‘‘(i) whether, if a management decision was tigative report; and from countries with active terrorist organi-
made before the end of the reporting period, ‘‘(II) the opportunity to submit a written zations; and
final action was taken during the reporting response for the purpose of clarifying or pro- (ii) the screening and vetting of parolees,
period; viding additional context as it directly re- refugees, and applicants for United States
‘‘(ii) if final action was taken, the dollar lates to each instance wherein an audit, visas pursuant to any mass evacuation effort
value of— evaluation, inspection, or non-investigative since 1975, particularly for individuals from
‘‘(I) disallowed costs that were recovered report specifically identifies that non-gov- countries with active terrorist organiza-
by management through collection, offset, ernmental organization or business entity; tions;
property in lieu of cash, or otherwise; and (C) an identification of any risk to the na-
‘‘(II) disallowed costs that were written off ‘‘(iii) if a written response is submitted tional security of the United States posed by
by management; under clause (ii)(II) within the 30-day period any such deviations;
‘‘(III) disallowed costs and funds to be put described in clause (ii)(I)— (D) an analysis of the processes used for
to better use not yet recovered or written off ‘‘(I) the written response shall be attached evacuees traveling without personal identi-
by management; to the audit, evaluation, inspection, or non- fication records, including the creation or
‘‘(IV) recommendations that were com- investigative report; and provision of any new identification records
pleted; and ‘‘(II) in every instance where the report to such evacuees; and
‘‘(V) recommendations that management may appear on the public-facing website of (E) an analysis of the degree to which such
has subsequently concluded should not or the Inspector General, the website shall be screening and vetting process was capable of
could not be implemented or completed; and updated in order to access a version of the detecting—
‘‘(iii) total number of reports where final audit, evaluation, inspection, or non-inves- (i) instances of human trafficking and do-
action was not taken and total number of re- tigative report that includes the written re- mestic abuse;
ports where final action was taken, including sponse. (ii) evacuees who are unaccompanied mi-
‘‘(B) Subparagraph (A) shall not apply with
the total corresponding dollar value of dis- nors; and
respect to a non-governmental organization
allowed costs and funds to be put to better (iii) evacuees with a spouse that is a
or business entity that refused to provide in-
use as agreed to in the management deci- minor;
formation or assistance sought by an Inspec-
sions;’’; (2) to admit and process such evacuees at
tor General during the creation of the audit,
(ii) by redesignating paragraph (4) as para- evaluation, inspection, or non-investigative United States ports of entry;
graph (3); report. (3) to temporarily house such evacuees
(iii) in paragraph (3), as so redesignated, by ‘‘(C) An Inspector General shall review any prior to resettlement;
striking ‘‘subsection (a)(20)(A)’’ and insert- written response received under subpara- (4) to account for the total number of indi-
ing ‘‘subsection (a)(14)(A)’’; and graph (A) for the purpose of preventing the vidual evacuated from Afghanistan in 2021
(iv) by striking paragraph (5) and inserting improper disclosure of classified information with support of the United States Govern-
the following: or other non-public information, consistent ment, disaggregated by—
‘‘(4) a statement explaining why final ac- with applicable laws, rules, and regulations, (A) country of origin;
tion has not been taken with respect to each and, if necessary, redact such information.’’. (B) age;
audit, inspection, and evaluation report in (b) RETROACTIVE APPLICABILITY.—During (C) gender;
which a management decision has been made the 30-day period beginning on the date of (D) eligibility for special immigrant visas
but final action has not yet been taken, ex- enactment of this Act— under the Afghan Allies Protection Act of
cept that such statement— (1) the amendment made by subsection (a) 2009 (8 U.S.C. 1101 note; Public Law 111–8) or
ctelli on DSK11ZRN23PROD with SENATE
‘‘(A) may exclude reports if— shall apply upon the request of a non-govern- section 1059 of the National Defense Author-
‘‘(i) a management decision was made mental organization or business entity ization Act for Fiscal Year 2006 (8 U.S.C. 1101
within the preceding year; or named in an audit, evaluation, inspection, or note; Public Law 109–163) at the time of evac-
‘‘(ii) the report is under formal administra- other non-investigative report prepared on uation;
tive or judicial appeal or management of the or after January 1, 2019; and (E) eligibility for employment-based non-
establishment has agreed to pursue a legisla- (2) any written response submitted under immigrant visas at the time of evacuation;
tive solution; and clause (iii) of section 5(g)(6)(A)of the Inspec- and
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S8124 CONGRESSIONAL RECORD — SENATE November 15, 2021
(F) familial relationship to evacuees who (2) FORM.—Any report submitted under ‘‘(6) Establish practices to ensure the time-
are eligible for visas described in subpara- paragraph (1) shall be submitted in unclassi- ly and complete dissemination of research
graphs (D) and (E); and fied form, but may include a classified findings and related data relating to
(5) to provide eligible individuals with spe- annex. perfluoroalkyl substanes or polyfluoroalkyl
cial immigrant visas under the Afghan Allies (3) DEFINITIONS.—In this subsection: substances to the general public.
Protection Act of 2009 (8 U.S.C. 1101 note; (A) APPROPRIATE CONGRESSIONAL COMMIT- At the end of subtitle D of title III, add the
Public Law 111–8) and section 1059 of the Na- TEES.—The term ‘‘appropriate congressional following:
tional Defense Authorization Act for Fiscal committees’’ has the meaning given the SEC. 356. DEPARTMENT OF DEFENSE TRANS-
Year 2006 (8 U.S.C. 1101 note; Public Law 109– term in section 12 of the Inspector General PARENCY REGARDING RESEARCH
163) since the date of the enactment of the Act of 1978 (5 U.S.C. App.), as amended by RELATING TO PERFLUOROALKYL OR
Afghan Allies Protection Act of 2009 (8 U.S.C. this Act. POLYFLUOROALKYL SUBSTANCES.
1101 note; Public Law 111–8), including— (B) SCREEN; SCREENING.—The terms (a) PUBLICATION OF INFORMATION.—Begin-
(A) a detailed step-by-step description of ‘‘screen’’ and ‘‘screening’’, with respect to an ning not later than 180 days after the date of
the application process for such special im- evacuee, mean the process by which a Fed- the enactment of this Act, Secretary of De-
migrant visas, including the number of days eral official determines— fense shall publish on the publicly available
allotted by the United States Government (i) the identity of the evacuee; website established under section 331(b) of
for the completion of each step; (ii) whether the evacuee has a valid identi- the National Defense Authorization Act for
(B) the number of such special immigrant fication documentation; and Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
visa applications received, approved, and de- (iii) whether any database of the United 2701 note) timely and regularly updated in-
nied, disaggregated by fiscal year; States Government contains derogatory in- formation on the research efforts of the De-
(C) the number of such special immigrant formation about the evacuee. partment of Defense relating to
visas issued, as compared to the number perfluoroalkyl or polyfluoroalkyl sub-
(C) VET; VETTING.—The term ‘‘vet’’ and
available under law, disaggregated by fiscal stances, which shall include the following:
‘‘vetting’’, with respect to an evacuee, means
year; (1) A description of any research collabora-
the process by which a Federal official inter-
(D) an assessment of the average length of tions and data sharing by the Department
views the evacuee to determine whether the
time taken to process an application for such with the Department of Veterans Affairs, the
evacuee is who they purport to be, including
a special immigrant visa, beginning on the Agency for Toxic Substances and Disease
whether the evacuee poses a national secu-
date of submission of the application and Registry, or any other agency (as defined in
rity risk.
ending on the date of final disposition, (d) DISCHARGE OF RESPONSIBILITIES.—The section 551 title 5, United States Code),
disaggregated by fiscal year; Inspector General of the Department of States, academic institutions, nongovern-
(E) an accounting of the number of applica- Homeland Security and the Inspector Gen- mental organizations, or any other entity.
tions for such special immigrant visas that eral of the Department of State shall dis- (2) Regularly updated information on re-
remained pending at the end of each fiscal charge the responsibilities under this section search projects supported or conducted by
year; in a manner consistent with the authorities the Department of Defense pertaining to the
(F) an accounting of the number of inter- and requirements of the Inspector General development, testing, and evaluation of a
views of applicants for such special immi- Act of 1978 (5 U.S.C. App.) and the authori- fluorine-free firefighting foam or any other
grant visas conducted during each fiscal ties and requirements applicable to the In- alternative to aqueous film forming foam
year; spector General of the Department of Home- that contains perfluoroalkyl or
(G) the number of noncitizens who were ad- land Security and the Inspector General of polyfluoroalkyl substances, excluding any
mitted to the United States pursuant to such the Department of State under that Act. proprietary information that is business con-
a special immigrant visa during each fiscal (e) COORDINATION.—Upon request of an In- fidential.
year; spector General for information or assist- (3) Regularly updated information on re-
(H) an assessment of the extent to which ance under subsection (a), the head of any search projects supported or conducted by
each participating department or agency of Federal agency involved shall, insofar as is the Department pertaining to the health ef-
the United States Government, including the practicable and not in contravention of any fects of perfluoroalkyl or polyfluoroalkyl
Department of State and the Department of existing statutory restriction or regulation substances, including information relating
Homeland Security, adjusted processing of the Federal agency from which the infor- to the impact of such substances on fire-
practices and procedures for such special im- mation is requested, furnish to such Inspec- fighters, veterans, and military families and
migrant visas so as to vet applicants and ex- tor General, or to an authorized designee, excluding any personally identifiable infor-
pand processing capacity since the February such information or assistance. mation.
29, 2020, Doha Agreement between the United (f) RULE OF CONSTRUCTION.—Nothing in this (4) Regularly updated information on re-
States and the Taliban; section shall be construed to limit the abil- search projects supported or conducted by
(I) a list of specific steps, if any, taken be- ity of the Inspector General of the Depart- the Department pertaining to treatment op-
tween February 29, 2020, and August 31, 2021— ment of Homeland Security or the Inspector tions for drinking water, surface water,
(i) to streamline the processing of applica- General of the Department of State to enter ground water, and the safe disposal of
tions for such special immigrant visas; and into agreements to conduct joint audits, in-
perfluoroalkyl or polyfluoroalkyl sub-
(ii) to address longstanding bureaucratic spections, or investigations in the exercise of
stances.
hurdles while improving security protocols; the oversight responsibilities of the Inspec-
(5) Budget information, including specific
(J) a description of the degree to which the tor General of the Department of Homeland
spending information for the research
Secretary of State implemented rec- Security and the Inspector General of the
Department of State, in accordance with the projects relating to perfluoroalkyl or
ommendations made by the Department of polyfluoroalkyl substances that are sup-
State Office of Inspector General in its June Inspector General Act of 1978 (5 U.S.C. App.),
with respect to oversight of the evacuation ported or conducted by the Department.
2020 reports on Review of the Afghan Special (6) Such other matters as may be relevant
from Afghanistan, the selection, vetting, and
Immigrant Visa Program (AUD-MERO-20-35) to ongoing research projects supported or
processing of applicants for special immi-
and Management Assistance Report: Quar- conducted by the Department to address the
grant visas and asylum, and any resettle-
terly Reporting on Afghan Special Immi- use of perfluoroalkyl or polyfluoroalkyl sub-
ment in the United States of such evacuees.
grant Visa Program Needs Improvement stances and the health effects of the use of
(AUD-MERO-20-34); SA 4609. Mr. PETERS (for himself such substances.
(K) an assessment of the extent to which and Ms. COLLINS) submitted an amend- (b) FORMAT.—The information published
challenges in verifying applicants’ employ- under subsection (a) shall be made available
ment with the Department of Defense con-
ment intended to be proposed to
in a downloadable, machine-readable, open,
tributed to delays in the processing of such amendment SA 3867 submitted by Mr. and a user-friendly format.
special immigrant visas, and an accounting REED and intended to be proposed to (c) DEFINITIONS.—In this section:
of the specific steps taken since February 29, the bill H.R. 4350, to authorize appro- (1) The term ‘‘military installation’’ in-
2020, to address issues surrounding employ- priations for fiscal year 2022 for mili- cludes active, inactive, and former military
ment verification; and tary activities of the Department of installations.
(L) recommendations to strengthen and Defense, for military construction, and (2) The term ‘‘perfluoroalkyl substance’’
streamline such special immigrant visa proc- for defense activities of the Depart- means a man-made chemical of which all of
ess going forward. the carbon atoms are fully fluorinated car-
(c) INTERIM REPORTING.—
ment of Energy, to prescribe military
bon atoms.
(1) IN GENERAL.—Not later than 180 days personnel strengths for such fiscal (3) The term ‘‘polyfluoroalkyl substance’’
ctelli on DSK11ZRN23PROD with SENATE
after the date of the enactment of this Act, year, and for other purposes; which was means a man-made chemical containing a
the Inspector General of the Department of ordered to lie on the table; as follows: mix of fully fluorinated carbon atoms, par-
Homeland Security and the Inspector Gen- On page 126, between lines 6 and 7, insert tially fluorinated carbon atoms, and
eral of the Department of State shall submit the following: nonfluorinated carbon atoms.
to the appropriate congressional committees ‘‘(5) Support research efforts relating to
not fewer than one interim report on the re- perfluoroalkyl substances or polyfluoroalkyl SA 4610. Mr. LEE submitted an
view conducted under this section. substances. amendment intended to be proposed to
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8125
amendment SA 3867 submitted by Mr. censure compact, with respect to services mitted an amendment intended to be
REED and intended to be proposed to provided in the jurisdiction of the interstate proposed to amendment SA 3867 sub-
the bill H.R. 4350, to authorize appro- licensure compact by a licensee covered by
mitted by Mr. REED and intended to be
such compact, the servicemember or spouse
priations for fiscal year 2022 for mili- of a servicemember shall be subject to the proposed to the bill H.R. 4350, to au-
tary activities of the Department of requirements of the compact or the applica- thorize appropriations for fiscal year
Defense, for military construction, and ble provisions of law of the applicable State 2022 for military activities of the De-
for defense activities of the Depart- and not this section.’’. partment of Defense, for military con-
ment of Energy, to prescribe military (b) CLERICAL AMENDMENT.—The table of struction, and for defense activities of
personnel strengths for such fiscal contents in section 1(b) of such Act is
amended by inserting after the item relating
the Department of Energy, to prescribe
year, and for other purposes; which was military personnel strengths for such
to section 705 the following new item:
ordered to lie on the table; as follows: fiscal year, and for other purposes;
‘‘Sec. 705A. Portability of professional li-
At the appropriate place in title II, insert censes of servicemembers and which was ordered to lie on the table;
the following: their spouses.’’. as follows:
SEC. lll. SECRETARY OF DEFENSE CONSIDER-
ATION OF POWERED EXOSKELETONS SA 4612. Ms. CORTEZ MASTO sub- At the end of part II of subtitle B of title
AND HUMAN CONTROLLED ROBOTS V, add the following:
FOR HEAVY LIFT SUSTAINMENT mitted an amendment intended to be
TASKS. proposed to amendment SA 3867 sub- SEC. 520B. TIGER TEAM FOR OUTREACH TO
Whenever the Secretary of Defense evalu- mitted by Mr. REED and intended to be FORMER MEMBERS.
ates the research and development of emerg- proposed to the bill H.R. 4350, to au- (a) SENSE OF CONGRESS.—It is the sense of
ing war-fighting technologies, the Secretary thorize appropriations for fiscal year Congress that—
shall consider the use of full-body, autono- 2022 for military activities of the De- (1) the mission of the Department of De-
mously powered exoskeletons and semi-au- fense is to provide the military forces needed
tonomous or tele-operated single or dual-
partment of Defense, for military con-
struction, and for defense activities of to deter war and to protect the security of
armed, human controlled robots used for the United States;
heavy lift sustainment tasks. the Department of Energy, to prescribe
(2) expanding outreach to veterans im-
military personnel strengths for such pacted by Don’t Ask, Don’t Tell or a similar
SA 4611. Mr. LEE (for himself and fiscal year, and for other purposes; policy prior to the enactment of Don’t Ask,
Mrs. FEINSTEIN) submitted an amend- which was ordered to lie on the table; Don’t Tell is important to closing a period of
ment intended to be proposed to as follows: history harmful to the creed of integrity, re-
amendment SA 3867 submitted by Mr. At the end of part II of subtitle B of title spect, and honor of the military;
REED and intended to be proposed to V, add the following: (3) the Department is responsible for pro-
the bill H.R. 4350, to authorize appro- SEC. 520B. LIMITATION OF EXTENSION OF PE- viding for the review of a veteran’s military
priations for fiscal year 2022 for mili- RIOD OF ACTIVE DUTY FOR A MEM- record before the appropriate discharge re-
BER WHO ACCEPTS A FELLOWSHIP, view board or, when more than 15 years has
tary activities of the Department of SCHOLARSHIP, OR GRANT. passed, board of correction for military or
Defense, for military construction, and (a) IN GENERAL.—Subsection (b) of section naval records; and
for defense activities of the Depart- 2603 of title 10, United States Code, is amend- (4) the Secretary of Defense should, wher-
ment of Energy, to prescribe military ed by adding at the end the following: ‘‘No ever possible, coordinate and conduct out-
personnel strengths for such fiscal such period may exceed five years.’’. reach to impacted veterans through the vet-
year, and for other purposes; which was (b) RETROACTIVE EFFECT.—An agreement erans community and networks, including
under such subsection, made by a member of through the Department of Veterans Affairs
ordered to lie on the table; as follows: the Armed Forces on or before the date of
At the appropriate place in title X, insert and veterans service organizations, to ensure
the enactment of this Act, may not require that veterans understand the review proc-
the following: such member to serve on active duty for a
SEC. lll. PORTABILITY OF PROFESSIONAL LI- esses that are available to them for upgrad-
period that exceeds five years. ing military records.
CENSES OF MEMBERS OF THE UNI-
FORMED SERVICES AND THEIR
SPOUSES.
SA 4613. Ms. CORTEZ MASTO (for (b) ESTABLISHMENT OF TIGER TEAM.—
herself and Ms. ROSEN) submitted an (1) IN GENERAL.—Not later than 60 days
(a) IN GENERAL.—Title VII of the after the date of the enactment of this Act,
Servicemembers Civil Relief Act (50 U.S.C. amendment intended to be proposed to
the Secretary of Defense shall establish a
4021 et seq.) is amended by inserting after amendment SA 3867 submitted by Mr.
team (commonly known as a ‘‘tiger team’’
section 705 (50 U.S.C. 4025) the following new REED and intended to be proposed to and referred to in this section as the ‘‘Tiger
section: the bill H.R. 4350, to authorize appro- Team’’) responsible for conducting outreach
‘‘SEC. 705A. PORTABILITY OF PROFESSIONAL LI- priations for fiscal year 2022 for mili- to build awareness among former members of
CENSES OF SERVICEMEMBERS AND
THEIR SPOUSES.
tary activities of the Department of the Armed Forces of the process established
Defense, for military construction, and pursuant to section 527 of the National De-
‘‘(a) IN GENERAL.—In any case in which a
for defense activities of the Depart- fense Authorization Act for Fiscal Year 2020
servicemember has a professional license in
ment of Energy, to prescribe military (Public Law 116–92; 10 U.S.C. 1552 note) for
good standing in a jurisdiction or the spouse
the review of discharge characterizations by
of a servicemember has a professional license personnel strengths for such fiscal
appropriate discharge boards. The Tiger
in good standing in a jurisdiction and such year, and for other purposes; which was Team shall consist of appropriate personnel
servicemember or spouse relocates his or her ordered to lie on the table; as follows: of the Department of Defense assigned to the
residency because of military orders for mili- At the end of subtitle G of title X, add the Tiger Team by the Secretary for purposes of
tary service to a location that is not in such following: this section.
jurisdiction, the professional license or cer- SEC. 1064. ACTIONS TO INCREASE AND STABILIZE (2) TIGER TEAM LEADER.—One of the persons
tification of such servicemember or spouse THE SUPPLY OF MICROELEC- assigned to the Tiger Team under paragraph
shall be considered valid at a similar scope TRONICS FOR UNITED STATES COM- (1) shall be a senior-level officer or employee
of practice and in the discipline applied for PUTER NUMERICALLY CONTROLLED
(CNC) MANUFACTURING BASE.
of the Department who shall serve as the
in the jurisdiction of such new residency for
The Secretary of Defense and the Sec- lead official of the Tiger Team (in this sec-
the duration of such military orders if such
retary of Commerce shall— tion referred to as the ‘‘Tiger Team Leader’’)
servicemember or spouse—
(1) take immediate action to increase and and who shall be accountable for the activi-
‘‘(1) provides a copy of such military orders
stabilize the supply of microelectronics ties of the Tiger Team under this section,
to the licensing authority in the jurisdiction
available to the United States computer nu- (3) REPORT ON COMPOSITION.—Not later than
in which the new residency is located;
merically controlled (CNC) manufacturing 90 days after the date of the enactment of
‘‘(2) remains in good standing with the li-
base in order to sustain critical defense pro- this Act, the Secretary shall submit to Con-
censing authority that issued the license;
grams and the defense industrial base; and gress a report setting forth the names of the
and
(2) not later than 60 days after the date of personnel of the Department assigned to the
‘‘(3) submits to the authority of the licens-
the enactment of this Act, jointly provide a Tiger Team pursuant to this subsection, in-
ing authority in the new jurisdiction for the
cluding the positions to which assigned. The
ctelli on DSK11ZRN23PROD with SENATE
purposes of standards of practice, discipline, briefing to the Committees on Armed Serv-
ices of the Senate and the House of Rep- report shall specify the name of the indi-
and fulfillment of any continuing education
resentatives on efforts to carry out para- vidual assigned as Tiger Team Leader.
requirements.
‘‘(b) INTERSTATE LICENSURE COMPACTS.—If graph (1). (c) DUTIES.—
a servicemember or spouse of a servicemem- (1) IN GENERAL.—The Tiger Team shall con-
ber is licensed and able to operate in mul- SA 4614. Mr. SCHATZ (for himself, duct outreach to build awareness among vet-
tiple jurisdictions through an interstate li- Mrs. GILLIBRAND, and Ms. ERNST) sub- erans of the process established pursuant to
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S8126 CONGRESSIONAL RECORD — SENATE November 15, 2021
section 527 of the National Defense Author- established prior to the enactment of this that the oral historians concerned complete
ization Act for Fiscal Year 2020 for the re- Act. the actions required by paragraph (1) by not
view of discharge characterizations by appro- (C) The number of individuals contacted later than two years after the date of the en-
priate discharge boards. through outreach conducted pursuant to this actment of this Act.
(2) COLLABORATION.—In conducting activi- section. (3) USES OF INFORMATION.—Information ob-
ties under this subsection, the Tiger Team (D) The number of individuals described in tained through actions under paragraph (1)
Leader shall identify appropriate external subparagraph (A) who availed themselves of shall be available to members described in
stakeholders with whom the Tiger Team a review of discharge characterization that paragraph for pursuit by such members
shall work to carry out such activities. Such through the process established pursuant to of a remedy under section 527 of the National
stakeholders shall include the following: section 527 of the National Defense Author- Defense Authorization Act for Fiscal Year
(A) The Secretary of Veterans Affairs. ization Act for Fiscal Year 2020. 2020 in accordance with regulations pre-
(B) The Archivist of the United States. (E) The number of individuals described in scribed for such purpose by the Secretary of
(C) Representatives of veterans service or- subparagraph (D) whose review of discharge the military department concerned.
ganizations. characterization resulted in a change of (g) DON’T ASK, DON’T TELL DEFINED.—In
(D) Such other stakeholders as the Tiger characterization to honorable discharge. this section, the term ‘‘Don’t Ask, Don’t
Team Leader considers appropriate. (F) The total number of individuals de- Tell’’ means section 654 of title 10, United
(3) INITIAL REPORT.—Not later than 210 scribed in subparagraph (A), including indi- States Code, as in effect before such section
days after the date of the enactment of this viduals also covered by subparagraph (E), was repealed pursuant to the Don’t Ask,
whose review of discharge characterization Don’t Tell Repeal Act of 2010 (Public Law
Act, the Secretary of Defense shall submit to
since September 20, 2011 (the date of repeal of 111–321).
Congress the following:
Don’t Ask, Don’t Tell), resulted in a change ---
(A) A plan setting forth the following:
of characterization to honorable discharge. SA 4615. Mr. MENENDEZ (for himself
(i) A description of the manner in which
(6) TERMINATION.—On the date that is 60 and Mr. RISCH) submitted an amend-
the Secretary, working through the Tiger
days after the date on which the final report
Team and in collaboration with external
required by paragraph (5) is submitted, the
ment intended to be proposed to
stakeholders described in paragraph (2), shall amendment SA 3867 submitted by Mr.
Secretary shall terminate the Tiger Team.
identify individuals who meet the criteria in (d) ADDITIONAL REPORTS.— REED and intended to be proposed to
section 527(b) of the National Defense Au- (1) REVIEW.—The Secretary of Defense the bill H.R. 4350, to authorize appro-
thorization Act for Fiscal Year 2020 for re- shall conduct a review of the consistency and priations for fiscal year 2022 for mili-
view of discharge characterization. uniformity of the reviews conducted pursu-
(ii) A description of the manner in which tary activities of the Department of
ant to section 527 of the National Defense Defense, for military construction, and
the Secretary, working through the Tiger Authorization Act for Fiscal Year 2020.
Team and in collaboration with the external (2) REPORTS.—Not later than 270 days after for defense activities of the Depart-
stakeholders, shall improve outreach to indi- the date of the enactment of this Act, and ment of Energy, to prescribe military
viduals who meet the criteria in section each year thereafter for a four-year period, personnel strengths for such fiscal
527(b) of the National Defense Authorization the Secretary shall submit to Congress a re- year, and for other purposes; which was
Act for Fiscal Year 2020 for review of dis- port on the reviews under paragraph (1). ordered to lie on the table; as follows:
charge characterization, including through— Such reports shall include any comments or
(I) obtaining contact information on such At the appropriate place in title X, insert
recommendations for continued actions. the following:
individuals; and (e) REVIEW OF DISCHARGE OF IMPACTED
(II) contacting such individuals on the SEC. ll. ENHANCING TRANSPARENCY ON
FORMER MEMBERS.—
INTERNATIONAL AGREEMENTS AND
process established pursuant to section 527 of (1) IN GENERAL.—The Secretary of Defense NON-BINDING INSTRUMENTS.
the National Defense Authorization Act for shall review and update existing guidance to (a) SECTION 112B OF TITLE 1.—
Fiscal Year 2020 for the review of discharge ensure that the appropriate discharge board (1) IN GENERAL.—Chapter 2 of title 1,
characterizations. for the military departments concerned shall United States Code, is amended by striking
(B) A description of the manner in which review a discharge characterization of the section 112b and inserting the following:
the work described in clauses (i) and (ii) of covered member as required under section
subparagraph (A) will be carried out, includ- 527 of the National Defense Authorization ‘‘§ 112b. United States international agree-
ing an allocation of the work among the Act for Fiscal Year 2020 at the request of a ments; transparency provisions
Tiger Team and the external stakeholders. covered member, or their representative, ‘‘(a)(1) Not less frequently than once each
(C) A schedule for the implementation, notwithstanding any requirements to pro- month, the Secretary, through the Legal Ad-
carrying out, and completion of the plan re- vide documentation necessary to initiate a viser of the Department of State, shall pro-
quired under subparagraph (A). review of a discharge characterization. vide in writing to the appropriate congres-
(D) A description of the additional funding, (2) EXCEPTION.—The appropriate discharge sional committees the following:
personnel, or other resources of the Depart- board for the military departments con- ‘‘(A)(i) A list of all international agree-
ment required to carry out the plan required cerned shall not be required to initiate a re- ments and qualifying non-binding instru-
under subparagraph (A), including any modi- quest for a review of a discharge as described ments approved for negotiation by the Sec-
fication of applicable statutory or adminis- in paragraph (1) if there is evidence available retary or another Department of State offi-
trative authorities. to the discharge board that is unrelated to cer at the Assistant Secretary level or high-
(4) IMPLEMENTATION OF PLAN.— the material request of the covered member er during the prior month, or, in the event
(A) IN GENERAL.—The Secretary shall im- or their representative but that would have an international agreement or qualifying
plement and carry out the plan submitted reasonably substantiated the military de- non-binding instrument is not included in
under subparagraph (A) of paragraph (3) in partment’s discharge decision. the list required by this clause, a certifi-
accordance with the schedule submitted (f) HISTORICAL REVIEWS.— cation corresponding to the international
under subparagraph (C) of that paragraph. (1) IN GENERAL.—The Secretary of each agreement or qualifying non-binding instru-
(B) UPDATES.—Not less frequently than military department shall ensure that oral ment as authorized under paragraph (4)(A).
once every 90 days after the submittal of the historians of the department, in coordina- ‘‘(ii) A description of the intended subject
report under paragraph (3), the Tiger Team tion with the chief of the personnel division matter and parties to or participants for
shall submit to Congress an update on the for the military department concerned— each international agreement and qualifying
carrying out of the plan submitted under (A) review the facts and circumstances sur- non-binding instrument listed pursuant to
subparagraph (A) of that paragraph. rounding the estimated 100,000 members of clause (i).
(5) FINAL REPORT.—Not later than 3 years the Armed Forces discharged from the ‘‘(B)(i) A list of all international agree-
after the date of the enactment of this Act, Armed Forces between World War II and Sep- ments and qualifying non-binding instru-
the Tiger Team shall submit to the Commit- tember 2011 because of the sexual orientation ments signed, concluded, or otherwise final-
tees on Armed Services of the Senate and the of the member, including any use of ambig- ized during the prior month.
House of Representatives a final report on uous or misleading separation codes and ‘‘(ii) The text of all international agree-
the activities of the Tiger Team under this characterizations intended to disguise the ments and qualifying non-binding instru-
subsection. The report shall set forth the fol- discriminatory basis of such members’ dis- ments described in clause (i).
lowing: charge; and ‘‘(iii) A detailed description of the legal au-
(A) The number of individuals discharged (B) receive oral testimony of individuals thority that, in the view of the Secretary,
under Don’t Ask, Don’t Tell or a similar pol- who personally experienced discrimination provides authorization for each international
ctelli on DSK11ZRN23PROD with SENATE
icy prior to the enactment of Don’t Ask, and discharge because of the actual or per- agreement and qualifying non-binding in-
Don’t Tell. ceived sexual orientation of the individual so strument provided under clause (ii) to be-
(B) The number of individuals described in that such testimony may serve as an official come operative. If multiple authorities are
subparagraph (A) who availed themselves of record of these discriminatory policies and relied upon in relation to an international
a review of discharge characterization their impact on American lives. agreement or qualifying non-binding instru-
(whether through discharge review or correc- (2) DEADLINE FOR COMPLETION.—Each Sec- ment, the Secretary shall cite all such au-
tion of military records) through a process retary of a military department shall ensure thorities. All citations to a treaty or statute
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8127
shall include the specific article or section all international agreements that entered ‘‘(g) Notwithstanding any other provision
and subsection reference whenever available into force during the prior month, and the of law, an international agreement may not
and, if not available, shall be as specific as information required by subparagraph be signed or otherwise concluded on behalf of
possible. If the authority relied upon is or in- (B)(iii) of subsection (a)(1) and clauses (iii) the United States without prior consultation
cludes article II of the Constitution of the and (iv) of subparagraph (C) of such sub- with the Secretary. Such consultation may
United States, the Secretary shall explain section, available to the public on the encompass a class of agreements rather than
the basis for that reliance. website of the Department of State. a particular agreement.
‘‘(C)(i) A list of all international agree- ‘‘(2) The requirement under paragraph (1)— ‘‘(h)(1) Notwithstanding any other provi-
ments that entered into force and qualifying ‘‘(A) shall not apply to any information, sion of law, no amounts appropriated to the
non-binding instruments that became opera- including the text of an international agree- Department of State under any law shall be
tive for the United States or an agency of ment, that is classified; and available for obligation or expenditure to
the United States during the prior month. ‘‘(B) shall apply to any information, in- conclude or implement or to support the con-
‘‘(ii) The text of all international agree- cluding the text of an international agree- clusion or implementation of (including
ments and qualifying non-binding instru- ment, that is unclassified, except that the through the use of personnel or resources
ments described in clause (i). information required by subparagraph subject to the authority of a chief of mis-
‘‘(iii) A statement describing any new or (B)(iii) of subsection (a)(1) and clauses (iii) sion) an international agreement, other than
amended statutory or regulatory authority and (iv) of subparagraph (C) of such sub- to facilitate compliance with this section,
anticipated to be required to fully imple- section shall not be subject to the require- until the Secretary satisfies the substantive
ment each proposed international agreement ment under paragraph (1) if the international requirements in subsection (a) with respect
and qualifying non-binding instrument in- agreement to which it relates is classified. to that international agreement.
cluded in the list described in clause (i). ‘‘(3)(A) Not less frequently than once every ‘‘(2)(A) An obligation or expenditure of
‘‘(iv) A statement of whether there were 90 calendar days, the Secretary shall make funds that does not comply with the prohibi-
the text of all unclassified qualifying non- tion described in paragraph (1) shall not con-
any opportunities for public comment on the
binding instruments that become operative stitute a violation of paragraph (1) or any
international agreement or qualifying non-
available to the public on the website of the other law if such violation was inadvertent.
binding instrument prior to the conclusion ‘‘(B) For purposes of this subsection, a vio-
of such agreement or instrument. Department of State.
‘‘(B) The requirement under subparagraph lation shall be considered to be inadvertent
‘‘(2) The Secretary may provide any of the
(A) shall not apply to a qualifying non-bind- if, not later than 5 business days after the
information or texts of international agree-
ing instrument if making the text of that in- date on which a Department of State official
ments and qualifying non-binding instru-
strument available to the public could rea- first learns of the violation, the Secretary—
ments required under paragraph (1) in classi-
fied form if providing such information in sonably be expected to cause damage to the ‘‘(i) certifies in writing to the Committee
unclassified form could reasonably be ex- foreign relations or foreign activities of the on Foreign Relations and the Committee on
pected to cause damage to the foreign rela- United States. Appropriations of the Senate and the Com-
tions or foreign activities of the United ‘‘(c) For any international agreement or mittee on Foreign Affairs and the Com-
States. qualifying non-binding instrument, not later mittee on Appropriations of the House of
‘‘(3) In the case of a general authorization than 30 calendar days after the date on which Representatives that, to the Secretary’s
issued for the negotiation or conclusion of a the Secretary receives a written communica- knowledge, the Department of State was un-
series of international agreements of the tion from the Chair or Ranking Member of aware of the violation at the time of the ob-
same general type, the requirements of this either of the appropriate congressional com- ligation or expenditure; and
subsection may be satisfied by the provision mittees requesting copies of any imple- ‘‘(ii) satisfies the substantive requirements
in writing of— menting agreements or instruments, wheth- in subsection (a) with respect to the inter-
‘‘(A) a single notification containing all er binding or non-binding, the Secretary national agreement concerned.
the information required by this subsection; shall submit such implementing agreements ‘‘(3) This subsection shall take effect on
and or instruments to the appropriate congres- October 1, 2022.
‘‘(B) a list, to the extent described in such sional committees. ‘‘(i)(1) Not later than 3 years after the date
‘‘(d) Any department or agency of the of the enactment of this Act, and not less
general authorization, of the countries or en-
United States Government that enters into frequently than once every 2 years there-
tities with which such agreements are con-
any international agreement or qualifying after, the Comptroller General of the United
templated.
non-binding instrument on behalf of itself or States shall conduct an audit of the compli-
‘‘(4)(A) The Secretary may, on a case-by-
case basis, waive the requirements of sub- the United States shall— ance of the Secretary with the requirements
section (a)(1)(A)(i) with respect to a specific ‘‘(1) provide to the Secretary the text of of this section.
international agreement or qualifying non- each international agreement not later than ‘‘(2) In any instance in which a failure by
binding instrument for renewable periods of 30 calendar days after the date on which such the Secretary to comply with such require-
up to 180 days if the Secretary certifies in agreement is signed; ments is determined by the Comptroller Gen-
writing to the appropriate congressional ‘‘(2) provide to the Secretary the text of eral to have been due to the failure or refusal
committees that— each qualifying non-binding instrument not of another agency to provide information or
‘‘(i) exercising the waiver authority is vital later than 30 calendar days after the date of material to the Department of State, or the
to the negotiation of a particular inter- the written communication described in sub- failure to do so in a timely manner, the
national agreement or qualifying non-bind- section (m)(3)(A)(ii)(II); and Comptroller General shall engage such other
ing instrument; and ‘‘(3) on an ongoing basis, provide any im- agency to determine—
‘‘(ii) the international agreement or quali- plementing material to the Secretary for ‘‘(A) the cause and scope of such failure or
fying non-binding instrument would signifi- transmittal to the appropriate congressional refusal;
cantly and materially advance the foreign committees as needed to satisfy the require- ‘‘(B) the specific office or offices respon-
policy or national security interests of the ments described in subsection (c). sible for such failure or refusal; and
United States. ‘‘(e)(1) Each department or agency of the ‘‘(C) penalties or other recommendations
‘‘(B) The Secretary shall brief the Majority United States Government that enters into for measures to ensure compliance with stat-
Leader and the Minority Leader of the Sen- any international agreement or qualifying utory requirements.
ate, the Speaker and the Minority Leader of non-binding instrument on behalf of itself or ‘‘(3) The Comptroller General shall submit
the House of Representatives, and the Chairs the United States shall designate a Chief to the appropriate congressional committees
and Ranking Members of the appropriate International Agreements Officer, who in writing the results of each audit required
congressional committees on the scope and shall— by paragraph (1).
status of the negotiation that is the subject ‘‘(A) be selected from among employees of ‘‘(4) The Comptroller General and the Sec-
of the waiver under subparagraph (A)— such department or agency; retary shall make the results of each audit
‘‘(i) not later than 60 calendar days after ‘‘(B) serve concurrently as the Chief Inter- required by paragraph (1) publicly available
the date on which the Secretary exercises national Agreements Officer; and on the websites of the Government Account-
the waiver; and ‘‘(C) subject to the authority of the head of ability Office and the Department of State,
‘‘(ii) once every 180 calendar days during such department or agency, have respectively.
the period in which a renewed waiver is in ef- department- or agency-wide responsibility ‘‘(j)(1) Not later than February 1 of each
for efficient and appropriate compliance year, the Secretary shall submit to the ap-
fect.
‘‘(C) The certification required by subpara- with this section. propriate congressional committees a writ-
graph (A) may be provided in classified form. ‘‘(2) The Chief International Agreements ten report that contains a list of—
‘‘(D) The Secretary shall not delegate the Officer of the Department of State shall ‘‘(A) all international agreements and
ctelli on DSK11ZRN23PROD with SENATE
waiver authority or certification require- serve in the Office of the Legal Adviser with qualifying non-binding instruments that
ments under subparagraph (A). The Sec- the title of International Agreements Com- were signed or otherwise concluded, entered
retary shall not delegate the briefing re- pliance Officer. into force or otherwise became operative, or
quirements under subparagraph (B) to any ‘‘(f) Texts of oral international agreements that were modified or otherwise amended
person other than the Deputy Secretary. and qualifying non-binding instruments shall during the preceding calendar year; and
‘‘(b)(1) Not less frequently than once each be reduced to writing and subject to the re- ‘‘(B) for each agreement and instrument
month, the Secretary shall make the text of quirements of subsection (a). included in the list under subparagraph (A)—
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S8128 CONGRESSIONAL RECORD — SENATE November 15, 2021
‘‘(i) the dates of any action described in ‘‘(7)(A) The term ‘text’ with respect to an TITLE I—INTELLIGENCE ACTIVITIES
such subparagraph; international agreement or qualifying non- Sec. 101. Authorization of appropriations.
‘‘(ii) the title of the agreement or instru- binding instrument includes— Sec. 102. Classified Schedule of Authoriza-
ment; and ‘‘(i) any annex, appendix, codicil, side tions.
‘‘(iii) a summary of the agreement or in- agreement, side letter, or any document of Sec. 103. Intelligence Community Manage-
strument (including a description of the du- similar purpose or function to the aforemen- ment Account.
ration of activities under the agreement or tioned, regardless of the title of the docu-
instrument and a description of the agree- ment, that is entered into contempora- TITLE II—CENTRAL INTELLIGENCE
ment or instrument). neously and in conjunction with the inter- AGENCY RETIREMENT AND DIS-
‘‘(2) The report described in paragraph (1) national agreement or qualifying non-bind- ABILITY SYSTEM
shall be submitted in unclassified form, but ing instrument; and Sec. 201. Authorization of appropriations.
may include a classified annex. ‘‘(ii) any implementing agreement or ar- TITLE III—GENERAL INTELLIGENCE
‘‘(3)(A) The Secretary should make the re- rangement, or any document of similar pur- MATTERS
port, except for any classified annex, avail- pose or function to the aforementioned re-
able to the public on the website of the De- Subtitle A—Intelligence Community Matters
gardless of the title of the document, that is
partment of State. entered into contemporaneously and in con- Sec. 301. Increasing agricultural and com-
‘‘(B) Not later than February 1 of each junction with the international agreement mercial intelligence measures.
year, the Secretary shall make available to or qualifying non-binding instrument. Sec. 302. Plan for allowing contracts with
the public on the website of the Department ‘‘(B) Under clauses (i) and (ii) of subpara- providers of services relating to
of State each part of the report involving an graph (A), the term ‘contemporaneously and sensitive compartmented infor-
international agreement or qualifying non- in conjunction with’ shall be construed lib- mation facilities.
binding instrument that entered into force erally and shall not be interpreted to mean Sec. 303. Plan to establish commercial
or became operative during the preceding simultaneously or on the same day.’’. geospatial intelligence data and
calendar year, except for any classified (2) CLERICAL AMENDMENT.—The table of services program office.
annex or information contained therein. sections at the beginning of chapter 2 of title Sec. 304. Investment strategy for commer-
‘‘(4) Not less frequently than once every 90
1, United States Code, is amended by strik- cial geospatial intelligence
calendar days, the Secretary shall brief the
ing the item relating to section 112b and in- services acquisition.
appropriate congressional committees on de-
serting the following: Sec. 305. Central Intelligence Agency Acqui-
velopments with regard to treaties, other
international agreements, and non-binding ‘‘112b. United states international agree- sition Innovation Center re-
instruments that have an important effect ments; transparency provi- port, strategy, and plan.
on the foreign relations of the United States. sions.’’. Sec. 306. Improving authorities relating to
‘‘(k) The President shall, through the Sec- (3) TECHNICAL AND CONFORMING AMENDMENT national counterintelligence
retary, promulgate such rules and regula- RELATING TO AUTHORITIES OF THE SECRETARY and security.
tions as may be necessary to carry out this OF STATE.—Section 317(h)(2) of the Homeland Sec. 307. Removal of Chief Information Offi-
section. Security Act of 2002 (6 U.S.C. 195c(h)(2)) is cer of the Intelligence Commu-
‘‘(l) It is the sense of Congress that the ex- amended by striking ‘‘Section 112b(c)’’ and nity from level IV of the Execu-
ecutive branch should not prescribe or other- inserting ‘‘Section 112b(g)’’. tive Schedule.
wise commit to or include specific legislative (4) AUTHORIZATION OF APPROPRIATIONS.— Sec. 308. Requirements relating to construc-
text in a treaty, executive agreement, or There is authorized to be appropriated to the tion of facilities to be used pri-
non-binding instrument unless Congress has Department of State $1,000,000 for each of fis- marily by intelligence commu-
authorized such action. cal years 2022 through 2026 for purposes of nity.
‘‘(m) In this section: implementing the requirements of section Sec. 309. Director of National Intelligence
‘‘(1) The term ‘appropriate congressional 112b of title 1, United States Code, as amend- support for intelligence com-
committees’ means— ed by this subsection. munity diversity, equity, inclu-
‘‘(A) the Committee on Foreign Relations (5) RULES AND REGULATIONS.—Not later sion, and accessibility activi-
of the Senate; and than 180 days after the date of the enactment ties.
‘‘(B) the Committee on Foreign Affairs of of this Act, the President shall, through the Sec. 310. Establishment of Diversity, Equity,
the House of Representatives. Secretary of State, promulgate such rules and Inclusion Officer of the In-
‘‘(2) The term ‘Deputy Secretary’ means and regulations as may be necessary to carry telligence Community.
the Deputy Secretary of State. out section 112b of title 1, United States Sec. 311. Annual report evaluating collabo-
‘‘(3) The term ‘intelligence community’ Code, as amended by this subsection. ration between the National
has the meaning given that term in section (b) SECTION 112A OF TITLE 1.—Section 112a Reconnaissance Office and the
3(4) of the National Security Act of 1947 (50 of title 1, United States Code, is amended— Space Force.
U.S.C. 3003(4)). (1) in subsection (a), by striking ‘‘(a) The Sec. 312. Director of National Intelligence
‘‘(4) The term ‘international agreement’ in- Secretary’’ and inserting ‘‘The Secretary’’; declassification review of infor-
cludes— and mation relating to terrorist at-
‘‘(A) any treaty that requires the advice (2) by striking subsections (b), (c), and (d). tacks of September 11, 2001.
and consent of the Senate, pursuant to arti- --- Sec. 313. Establishment of Chaplain Corps of
cle II of the Constitution of the United SA 4616. Mr. WARNER (for himself the Central Intelligence Agen-
States; and and Mr. RUBIO) submitted an amend- cy.
‘‘(B) any other international agreement to ment intended to be proposed to Sec. 314. Pilot program on recruitment and
which the United States is a party and that
is not subject to the advice and consent of
amendment SA 3867 submitted by Mr. retention in Office of Intel-
REED and intended to be proposed to ligence and Analysis of the De-
the Senate.
the bill H.R. 4350, to authorize appro- partment of the Treasury.
‘‘(5)(A) The term ‘qualifying non-binding
priations for fiscal year 2022 for mili- Sec. 315. Pilot program on student loan re-
instrument’ means a non-binding instrument
tary activities of the Department of payment at Office of Intel-
that—
ligence and Analysis of Depart-
‘‘(i) is or will be under negotiation or is Defense, for military construction, and ment of the Treasury.
signed or otherwise becomes operative with for defense activities of the Depart- Sec. 316. Prohibition on collection and anal-
one or more foreign governments, inter- ment of Energy, to prescribe military ysis of United States persons’
national organizations, or foreign entities, personnel strengths for such fiscal information by intelligence
including non-state actors; and year, and for other purposes; which was community based on First
‘‘(ii)(I) could reasonably be expected to
have a significant impact on the foreign pol-
ordered to lie on the table; as follows: Amendment-protected activi-
At the appropriate place, insert the fol- ties.
icy of the United States; or
lowing: Sec. 317. Sense of the Senate on the use of
‘‘(II) is the subject of a written commu-
DIVISION ll—INTELLIGENCE AUTHOR- intelligence community re-
nication from the Chair or Ranking Member
IZATION ACT FOR FISCAL YEAR 2022 sources for collection, assess-
of either of the appropriate congressional
ment, and analysis of informa-
committees to the Secretary. SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
tion pertaining exclusively to
‘‘(B) The term ‘qualifying non-binding in- (a) SHORT TITLE.—This division may be
United States persons absent a
strument’ does not include any non-binding cited as the ‘‘Intelligence Authorization Act
foreign nexus.
ctelli on DSK11ZRN23PROD with SENATE
instrument that is signed or otherwise be- for Fiscal Year 2022’’.
comes operative pursuant to the authorities (b) TABLE OF CONTENTS.—The table of con- Subtitle B—Inspector General of the
provided in title 10 or the authorities pro- tents for this division is as follows: Intelligence Community
vided to any element of the intelligence DIVISION ll—INTELLIGENCE AUTHOR- Sec. 321. Submittal of complaints and infor-
community. IZATION ACT FOR FISCAL YEAR 2022 mation by whistleblowers in
‘‘(6) The term ‘Secretary’ means the Sec- Sec. 1. Short title; table of contents. the intelligence community to
retary of State. Sec. 2. Definitions. Congress.
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8129
Sec. 322. Definitions and authorities regard- Sec. 356. Study on the creation of an official tivities of the following elements of the
ing whistleblower complaints digital currency by the People’s United States Government:
and information of urgent con- Republic of China. (1) The Office of the Director of National
cern received by Inspectors Sec. 357. Report on efforts of Chinese Com- Intelligence.
General of the intelligence munist Party to erode freedom (2) The Central Intelligence Agency.
community. and autonomy in Hong Kong. (3) The Department of Defense.
Sec. 323. Harmonization of whistleblower Sec. 358. Report on targeting of renewable (4) The Defense Intelligence Agency.
protections. sectors by China. (5) The National Security Agency.
Sec. 324. Prohibition against disclosure of TITLE IV—ANOMALOUS HEALTH (6) The Department of the Army, the De-
whistleblower identity as re- INCIDENTS partment of the Navy, and the Department
prisal against whistleblower of the Air Force.
disclosure by employees and Sec. 401. Definition of anomalous health in-
(7) The Coast Guard.
contractors in intelligence cident.
(8) The Department of State.
community. Sec. 402. Assessment and report on inter-
(9) The Department of the Treasury.
Sec. 325. Congressional oversight of con- agency communication relating
(10) The Department of Energy.
trolled access programs. to efforts to address anomalous
(11) The Department of Justice.
health incidents.
Subtitle C—Reports and Assessments (12) The Federal Bureau of Investigation.
Sec. 403. Advisory panel on the Office of
Pertaining to the Intelligence Community (13) The Drug Enforcement Administra-
Medical Services of the Central
Sec. 331. Report on efforts to build an inte- Intelligence Agency. tion.
grated hybrid space architec- Sec. 404. Joint task force to investigate (14) The National Reconnaissance Office.
ture. anomalous health incidents. (15) The National Geospatial-Intelligence
Sec. 332. Report on Project Maven transi- Sec. 405. Reporting on occurrence of anoma- Agency.
tion. lous health incidents. (16) The Department of Homeland Secu-
Sec. 333. Assessment of intelligence commu- Sec. 406. Access to certain facilities of rity.
nity counternarcotics capabili- United States Government for (17) The Space Force.
ties. assessment of anomalous SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA-
Sec. 334. Assessment of intelligence commu- TIONS.
health conditions.
nity’s intelligence-sharing rela- (a) SPECIFICATIONS OF AMOUNTS.—The
tionships with Latin American TITLE V—SECURITY CLEARANCES AND
TRUSTED WORKFORCE amounts authorized to be appropriated under
partners in counternarcotics. section 101 for the conduct of the intel-
Sec. 335. Report on United States Southern Sec. 501. Exclusivity, consistency, and ligence activities of the elements listed in
Command intelligence capabili- transparency in security clear- paragraphs (1) through (17) of section 101, are
ties. ance procedures, and right to those specified in the classified Schedule of
Sec. 336. Director of National Intelligence appeal. Authorizations prepared to accompany this
report on trends in technologies Sec. 502. Federal policy on sharing of cov- division.
of strategic importance to ered insider threat information (b) AVAILABILITY OF CLASSIFIED SCHEDULE
United States. pertaining to contractor em- OF AUTHORIZATIONS.—
Sec. 337. Report on Nord Stream II compa- ployees in the trusted work-
nies and intelligence ties. (1) AVAILABILITY.—The classified Schedule
force. of Authorizations referred to in subsection
Sec. 338. Assessment of Organization of De- Sec. 503. Performance measures regarding
fensive Innovation and Re- (a) shall be made available to the Committee
timeliness for personnel mobil- on Appropriations of the Senate, the Com-
search activities. ity.
Sec. 339. Report on intelligence community mittee on Appropriations of the House of
Sec. 504. Governance of Trusted Workforce Representatives, and to the President.
support to Visas Mantis pro- 2.0 initiative.
gram. (2) DISTRIBUTION BY THE PRESIDENT.—Sub-
Sec. 340. Plan for artificial intelligence dig- TITLE VI—OTHER INTELLIGENCE ject to paragraph (3), the President shall pro-
ital ecosystem. MATTERS vide for suitable distribution of the classified
Sec. 341. Study on utility of expanded per- Sec. 601. Periodic reports on technology Schedule of Authorizations referred to in
sonnel management authority. strategy of intelligence commu- subsection (a), or of appropriate portions of
Sec. 342. Assessment of role of foreign nity. such Schedule, within the executive branch
groups in domestic violent ex- Sec. 602. Improvements relating to con- of the Federal Government.
tremism. tinuity of Privacy and Civil (3) LIMITS ON DISCLOSURE.—The President
Sec. 343. Report on the assessment of all- Liberties Oversight Board shall not publicly disclose the classified
source cyber intelligence infor- membership. Schedule of Authorizations or any portion of
mation, with an emphasis on Sec. 603. Reports on intelligence support for such Schedule except—
supply chain risks. and capacity of the Sergeants (A) as provided in section 601(a) of the Im-
Sec. 344. Support for and oversight of Un- at Arms of the Senate and the plementing Recommendations of the 9/11
identified Aerial Phenomena House of Representatives and Commission Act of 2007 (50 U.S.C. 3306(a));
Task Force. the United States Capitol Po- (B) to the extent necessary to implement
Sec. 345. Publication of unclassified appen- lice. the budget; or
dices from reports on intel- Sec. 604. Study on vulnerability of Global (C) as otherwise required by law.
ligence community participa- Positioning System to hostile SEC. 103. INTELLIGENCE COMMUNITY MANAGE-
tion in Vulnerabilities Equities actions. MENT ACCOUNT.
Process. Sec. 605. Authority for transportation of fed- (a) AUTHORIZATION OF APPROPRIATIONS.—
Sec. 346. Report on future structure and re- erally owned canines associated There is authorized to be appropriated for
sponsibilities of Foreign Malign with force protection duties of the Intelligence Community Management
Influence Center. intelligence community. Account of the Director of National Intel-
Subtitle D—People’s Republic of China SEC. 2. DEFINITIONS. ligence for fiscal year 2022 the sum of
Sec. 351. Assessment of posture and capabili- In this division: $615,600,000.
ties of intelligence community (1) CONGRESSIONAL INTELLIGENCE COMMIT- (b) CLASSIFIED AUTHORIZATION OF APPRO-
with respect to actions of the TEES.—The term ‘‘congressional intelligence PRIATIONS.—In addition to amounts author-
People’s Republic of China tar- committees’’ means— ized to be appropriated for the Intelligence
geting Taiwan. (A) the Select Committee on Intelligence Community Management Account by sub-
Sec. 352. Plan to cooperate with intelligence and the Committee on Appropriations of the section (a), there are authorized to be appro-
agencies of key democratic Senate; and priated for the Intelligence Community Man-
countries regarding techno- (B) the Permanent Select Committee on agement Account for fiscal year 2022 such ad-
logical competition with Peo- Intelligence and the Committee on Appro- ditional amounts as are specified in the clas-
ple’s Republic of China. priations of the House of Representatives. sified Schedule of Authorizations referred to
Sec. 353. Assessment of People’s Republic of (2) INTELLIGENCE COMMUNITY.—The term in section 102(a).
China genomic collection. ‘‘intelligence community’’ has the meaning TITLE II—CENTRAL INTELLIGENCE AGEN-
Sec. 354. Updates to annual reports on influ- given such term in section 3 of the National CY RETIREMENT AND DISABILITY SYS-
ctelli on DSK11ZRN23PROD with SENATE
ence operations and campaigns Security Act of 1947 (50 U.S.C. 3003). TEM
in the United States by the Chi-
TITLE I—INTELLIGENCE ACTIVITIES SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
nese Communist Party.
Sec. 355. Report on influence of People’s Re- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for
public of China through Belt Funds are hereby authorized to be appro- the Central Intelligence Agency Retirement
and Road Initiative projects priated for fiscal year 2022 for the conduct of and Disability Fund $514,000,000 for fiscal
with other countries. the intelligence and intelligence-related ac- year 2022.
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S8130 CONGRESSIONAL RECORD — SENATE November 15, 2021
TITLE III—GENERAL INTELLIGENCE the Director of the National Reconnaissance (1) a report stating the mission and pur-
MATTERS Office and the Director of the National pose of the Acquisition Innovation Center of
Subtitle A—Intelligence Community Matters Geospatial-Intelligence Agency, in consulta- the Agency; and
SEC. 301. INCREASING AGRICULTURAL AND COM- tion with the Director of National Intel- (2) a strategy for incorporating the Acqui-
MERCIAL INTELLIGENCE MEAS- ligence, shall jointly develop and submit to sition Innovation Center into the standard
URES. the appropriate committees of Congress a operating procedures and procurement and
(a) DEFINITION OF APPROPRIATE COMMIT- plan to establish a colocated joint commer- acquisition practices of the Agency.
TEES OF CONGRESS.—In this section, the term cial geospatial intelligence data and services (b) REQUIREMENT FOR IMPLEMENTATION
‘‘appropriate committees of Congress’’ program office. PLAN.—Not later than 120 days after the date
means— (c) CONTENTS.—The plan required by sub- of the enactment of this Act, the Director
(1) the Committee on Agriculture, Nutri- section (b) shall include the following: shall, using the findings of the Director with
tion, and Forestry, the Committee on Armed (1) Milestones for implementation of the respect to the report submitted under sub-
Services, the Committee on Commerce, plan. section (a)(1), submit to the congressional
Science, and Transportation, the Committee (2) An updated acquisition strategy that— intelligence committees an implementation
on Banking, Housing, and Urban Affairs, and (A) provides for an annual evaluation of plan that addresses—
the Select Committee on Intelligence of the new commercially available capabilities (1) how the Director will ensure the con-
Senate; and with opportunities for new entrants; tracting officers of the Agency and the tech-
(2) the Committee on Agriculture, the (B) provides for a flexible contract ap- nical representatives of the Acquisition In-
Committee on Armed Services, the Com- proach that will rapidly leverage innovative novation Center for the contracting officers
mittee on Energy and Commerce, the Com- commercial geospatial intelligence data ca- have access to the technical expertise re-
mittee on Financial Services, and the Per- pabilities to meet new intelligence chal- quired to inform requirements development,
manent Select Committee on Intelligence of lenges informed by operational require- technology maturity assessments, and moni-
the House of Representatives. ments; and toring of acquisitions;
(b) REPORT REQUIRED.—Not later than 120 (C) considers efficiencies to be gained from (2) how the plan specifically applies to
days after the date of the enactment of this closely coordinated acquisitions of technical industries, including telecommuni-
Act, the Director of National Intelligence, in geospatial intelligence data and services. cations, software, aerospace, and large-scale
consultation with other appropriate Federal (3) An organizational structure of the joint construction; and
Government entities, shall submit to the ap- office that— (3) projections for resources necessary to
propriate committees of Congress a report (A) shares responsibilities and equities be- support the Acquisition Innovation Center,
detailing the options for the intelligence tween the National Reconnaissance Office including staff, training, and contracting
community to improve intelligence support and the National Geospatial-Intelligence support tools.
to the Department of Agriculture and the Agency; SEC. 306. IMPROVING AUTHORITIES RELATING
(B) specifies as the head of the office a rep- TO NATIONAL COUNTERINTEL-
Department of Commerce.
resentative from the National Geospatial-In- LIGENCE AND SECURITY.
(c) FORM.—The report required under sub-
section (b) shall be submitted in unclassified telligence Agency; and (a) DUTIES OF THE DIRECTOR OF THE NA-
(C) specifies as the deputy head of the of- TIONAL COUNTERINTELLIGENCE AND SECURITY
form, but may include a classified annex, if
fice a representative from the National Re- CENTER.—Section 902(c) of the Counterintel-
necessary.
connaissance Office. ligence Enhancement Act of 2002 (50 U.S.C.
SEC. 302. PLAN FOR ALLOWING CONTRACTS WITH
PROVIDERS OF SERVICES RELATING
3382(c)) is amended by adding at the end the
SEC. 304. INVESTMENT STRATEGY FOR COMMER-
TO SENSITIVE COMPARTMENTED IN- CIAL GEOSPATIAL INTELLIGENCE following:
FORMATION FACILITIES. SERVICES ACQUISITION. ‘‘(5) To organize and lead strategic plan-
(a) DEFINITION OF APPROPRIATE COMMIT- (a) DEFINITION OF APPROPRIATE COMMIT- ning for counterintelligence activities in
TEES OF CONGRESS.—In this section, the term TEES OF CONGRESS.—In this section, the term support of National Counterintelligence
‘‘appropriate committees of Congress’’ ‘‘appropriate committees of Congress’’ Strategy objectives and other national coun-
means— means— terintelligence priorities by integrating all
(1) the congressional intelligence commit- (1) the congressional intelligence commit- instruments of national power, including
tees; tees; diplomatic, financial, military, intelligence,
(2) the Committee on Armed Services of (2) the Committee on Armed Services and homeland security, and coordination with
the Senate; and the Committee on Appropriations of the Sen- law enforcement activities, within and
(3) the Committee on Armed Services of ate; and among Federal agencies.’’.
the House of Representatives. (3) the Committee on Armed Services and (b) CHANGES TO THE FUNCTIONS OF THE NA-
(b) PLAN REQUIRED.—Not later than 180 TIONAL COUNTERINTELLIGENCE AND SECURITY
the Committee on Appropriations of the
days after the date of the enactment of this House of Representatives. CENTER.—
Act, the Director of National Intelligence (b) STRATEGY REQUIRED.—Not later than 90 (1) EVALUATION OF IMPLEMENTATION OF NA-
shall submit to the appropriate committees days after the date of the enactment of this TIONAL COUNTERINTELLIGENCE STRATEGY.—
of Congress a plan for allowing elements of Act, the Director of the National Geospatial- Paragraph (3) of section 904(d) of such Act (50
the intelligence community to contract with Intelligence Agency, in consultation with U.S.C. 3383(d)) is amended to read as follows:
providers of services relating to sensitive the Director of National Intelligence and the ‘‘(3) IMPLEMENTATION OF NATIONAL COUN-
compartmented information facilities for use Secretary of Defense, shall submit to the ap- TERINTELLIGENCE STRATEGY.—To evaluate on
of those facilities by businesses and organi- propriate committees of Congress an invest- an ongoing basis the implementation of the
zations on contracts at multiple security ment strategy for the acquisition of commer- National Counterintelligence Strategy by
levels. cial geospatial intelligence data services and the intelligence community and other appro-
(c) ELEMENTS.—The plan required by sub- analytics by the National Geospatial-Intel- priate elements of the United States Govern-
section (b) shall include the following: ligence Agency. ment and to submit to the President, the
(1) An explanation of how the Director of (c) CONTENTS.—The strategy required by congressional intelligence committees (as
National Intelligence will leverage the con- subsection (b) shall include the following: defined in section 3 of the National Security
tracting methodology the National Recon- (1) A plan to increase purchases of unclas- Act of 1947 (50 U.S.C. 3003)), the National Se-
naissance Office has used to provide leased sified geospatial intelligence data services curity Council, the Director of the Office of
sensitive compartmented information facil- and analytics to meet global mission re- Management and Budget, and the National
ity space to businesses and organizations. quirements of the National Geospatial-Intel- Counterintelligence Policy Board periodic
(2) Policy and budget guidance to ligence Agency while maximizing enterprise reports on such evaluation, including a dis-
incentivize Federal agencies to implement access agreements for procured data and cussion of any shortfalls in the implementa-
the plan required by subsection (b). services. tion of the Strategy and recommendations
SEC. 303. PLAN TO ESTABLISH COMMERCIAL (2) An articulation of the relationship be- for remedies for such shortfalls.’’.
GEOSPATIAL INTELLIGENCE DATA tween geospatial intelligence data and serv- (2) NATIONAL COUNTERINTELLIGENCE PRO-
AND SERVICES PROGRAM OFFICE. ices and how such data and services are pur- GRAM BUDGET.—Paragraph (5) of such section
(a) DEFINITION OF APPROPRIATE COMMIT- chased, identifying in particular any chal- is amended—
TEES OF CONGRESS.—In this section, the term lenges to procuring such services inde- (A) in subparagraph (A)—
‘‘appropriate committees of Congress’’ pendent of the underlying data. (i) by inserting ‘‘oversee and’’ before ‘‘co-
means— SEC. 305. CENTRAL INTELLIGENCE AGENCY AC- ordinate’’; and
(1) the congressional intelligence commit- QUISITION INNOVATION CENTER RE- (ii) by inserting ‘‘in furtherance of the Na-
ctelli on DSK11ZRN23PROD with SENATE
tees; PORT, STRATEGY, AND PLAN. tional Counterintelligence Strategy and
(2) the Committee on Armed Services of (a) REQUIREMENT FOR REPORT AND STRAT- other strategic counterintelligence prior-
the Senate; and EGY.—Not later than 120 days after the date ities’’ before ‘‘of the Department of De-
(3) the Committee on Armed Services of of the enactment of this Act, the Director of fense’’; and
the House of Representatives. the Central Intelligence Agency shall submit (B) in subparagraph (C), by striking ‘‘the
(b) PLAN REQUIRED.—Not later than 90 days to the congressional intelligence commit- National Security Council’’ and inserting
after the date of the enactment of this Act, tees— ‘‘the congressional intelligence committees
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8131
(as defined in section 3 of the National Secu- ‘‘Sec. 1111. Support for intelligence commu- Intelligence shall jointly, in consultation
rity Act of 1947 (50 U.S.C. 3003)), the National nity diversity, equity, inclu- with the Under Secretary of Defense for In-
Security Council, the Director of the Office sion, and accessibility activi- telligence and Security, submit to the appro-
of Management and Budget, and the Na- ties.’’. priate committees of Congress a report eval-
tional Counterintelligence Policy Board’’. SEC. 310. ESTABLISHMENT OF DIVERSITY, EQ- uating the partnership between the National
(3) NATIONAL COUNTERINTELLIGENCE OUT- UITY, AND INCLUSION OFFICER OF Reconnaissance Office and the Space Force.
REACH, WATCH, AND WARNING.— THE INTELLIGENCE COMMUNITY. (c) CONTENTS.—Each report submitted
(A) COUNTERINTELLIGENCE VULNERABILITY (a) IN GENERAL.—Title I of the National Se- under subsection (b) shall include the fol-
RISK ASSESSMENTS.—Subparagraph (A) of curity Act of 1947 (50 U.S.C. 3021 et seq.) is lowing:
paragraph (7) of such section is amended by amended by inserting after section 103J (50 (1) A description of the division of labor be-
striking ‘‘surveys of the vulnerability of the U.S.C. 3034a) the following: tween the National Reconnaissance Office
United States Government, and the private ‘‘SEC. 103K. DIVERSITY, EQUITY, AND INCLUSION and the Space Force, including—
sector,’’ and inserting ‘‘counterintelligence OFFICER OF THE INTELLIGENCE (A) shared missions and programs; and
risk assessments and surveys of the vulner- COMMUNITY. (B) methods of collaboration.
ability of the United States’’. ‘‘(a) DIVERSITY, EQUITY, AND INCLUSION OF- (2) An evaluation of the ways in which the
(B) OUTREACH.—Subparagraph (B) of such FICER OF THE INTELLIGENCE COMMUNITY.— National Reconnaissance Office and the
paragraph is amended to read as follows: Within the Office of the Director of National Space Force are partnering on missions and
‘‘(B) OUTREACH.— Intelligence, there is a Diversity, Equity, programs, including identification of lessons
‘‘(i) OUTREACH PROGRAMS AND ACTIVITIES.— and Inclusion Officer of the Intelligence learned for improving collaboration and
To carry out and coordinate, consistent with Community who shall be appointed by the deconflicting activities in the future.
other applicable provisions of law and in con- Director of National Intelligence. (3) An examination of how resources pro-
sultation with appropriate Federal depart- ‘‘(b) DUTIES.—The Diversity, Equity, and vided from the National Intelligence Pro-
ments and agencies, outreach programs and Inclusion Officer of the Intelligence Commu- gram and the Military Intelligence Program
outreach activities on counterintelligence to nity shall— are allocated to or transferred between the
other elements of the United States Govern- ‘‘(1) serve as the principal advisor to the National Reconnaissance Office and the
ment, State, local, and Tribal governments, Director of National Intelligence and the Space Force.
foreign governments and allies of the United Principal Deputy Director of National Intel- SEC. 312.
DIRECTOR OF NATIONAL INTEL-
States, the private sector, and United States ligence on diversity, equity, and inclusion in LIGENCE DECLASSIFICATION RE-
academic institutions. the intelligence community; VIEW OF INFORMATION RELATING
‘‘(2) lead the development and implementa- TO TERRORIST ATTACKS OF SEP-
‘‘(ii) PUBLIC WARNINGS.—To coordinate the TEMBER 11, 2001.
dissemination to the public of warnings on tion of strategies and initiatives to advance
diversity, equity, and inclusion in the intel- (a) DECLASSIFICATION REVIEW REQUIRED.—
intelligence threats to the United States.’’. Not later than 30 days after the date of the
ligence community; and
SEC. 307. REMOVAL OF CHIEF INFORMATION OF- ‘‘(3) perform such other duties, consistent enactment of this Act, the Director of Na-
FICER OF THE INTELLIGENCE COM- tional Intelligence shall, in coordination
MUNITY FROM LEVEL IV OF THE EX-
with paragraphs (1) and (2), as may be pre-
scribed by the Director. with the Director of the Federal Bureau of
ECUTIVE SCHEDULE. Investigation, the Director of the Central In-
‘‘(c) ANNUAL REPORTS TO CONGRESS.—Not
Section 5315 of title 5, United States Code, less frequently than once each year, the Di- telligence Agency, and the heads of such
is amended by striking ‘‘Chief Information versity, Equity, and Inclusion Officer of the other elements of the intelligence commu-
Officer of the Intelligence Community’’. Intelligence Community shall submit to the nity as the Director of National Intelligence
SEC. 308. REQUIREMENTS RELATING TO CON- congressional intelligence communities a re- considers appropriate, commence a declas-
STRUCTION OF FACILITIES TO BE port on the implementation of the strategies sification review, which the Director of Na-
USED PRIMARILY BY INTELLIGENCE and initiatives developed pursuant to sub- tional Intelligence shall complete not later
COMMUNITY.
section (b)(2) and the execution of related ex- than 120 days after the date of the enactment
Section 602(a) of the Intelligence Author- penditures. of this Act, to determine what additional in-
ization Act for Fiscal Year 1995 (50 U.S.C. ‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE formation relating to the terrorist attacks of
3304(a)) is amended— AS OTHER DIVERSITY, EQUITY, AND INCLUSION September 11, 2001, can be appropriately de-
(1) in paragraph (1), by striking ‘‘$5,000,000’’ OR EQUAL EMPLOYMENT OPPORTUNITY OFFI- classified and shared with the public.
(b) INFORMATION COVERED.—The informa-
and inserting ‘‘$6,000,000’’; and CER.—An individual serving in the position
tion reviewed under subsection (a) shall in-
(2) in paragraph (2), by striking ‘‘$5,000,000’’ of Diversity, Equity, and Inclusion Officer of
clude the following:
and inserting ‘‘$6,000,000’’. the Intelligence Community may not, while
(1) Information relating to the direction,
SEC. 309. DIRECTOR OF NATIONAL INTEL- so serving, serve as either the Diversity, Eq-
facilitation, and other support provided to
LIGENCE SUPPORT FOR INTEL- uity, and Inclusion Officer or the Equal Em-
the individuals who carried out the terrorist
LIGENCE COMMUNITY DIVERSITY, ployment Opportunity Officer of any other
attacks of September 11, 2001.
EQUITY, INCLUSION, AND ACCESSI- department or agency, or component thereof,
BILITY ACTIVITIES. (2) Information from Operation Encore and
of the United States Government.’’.
(b) CLERICAL AMENDMENT.—The table of the PENTTBOM investigation of the Federal
(a) IN GENERAL.—Title XI of the National Bureau of Investigation.
Security Act of 1947 (50 U.S.C. 3231 et. seq.) is contents at the beginning of such Act is
(c) REPORT.—Not later than 120 days after
amended by adding at the end the following: amended by inserting after the item relating
the date of the enactment of this Act, the
to section 103J the following:
‘‘SEC. 1111. SUPPORT FOR INTELLIGENCE COM- Director of National Intelligence shall sub-
MUNITY DIVERSITY, EQUITY, INCLU- ‘‘Sec. 103K. Diversity, Equity, and Inclusion mit to the Select Committee on Intelligence
SION, AND ACCESSIBILITY ACTIVI- Officer of the Intelligence Com- of the Senate and the Permanent Select
TIES. munity.’’. Committee on Intelligence of the House of
‘‘(a) DEFINITION OF COVERED WORKFORCE (c) LIMITATION.—None of the funds author- Representatives a report on the findings of
ACTIVITIES.—In this section, the term ‘cov- ized to be appropriated by this Act may be the Director with respect to the declassifica-
ered workforce activities’ includes— used to increase the number of full-time tion review conducted under subsection (a).
‘‘(1) activities relating to the recruitment equivalent employees of the Office of the Di- SEC. 313. ESTABLISHMENT OF CHAPLAIN CORPS
or retention of personnel in the workforce of rector of National Intelligence in order to OF THE CENTRAL INTELLIGENCE
the intelligence community; and carry out section 103K of such Act, as added AGENCY.
‘‘(2) activities relating to the workforce of by subsection (a). The Central Intelligence Agency Act of
the intelligence community and diversity, SEC. 311. ANNUAL REPORT EVALUATING COL- 1949 (50 U.S.C. 3501 et seq.) is amended by
LABORATION BETWEEN THE NA- adding at the end the following:
equity, inclusion, or accessibility.
TIONAL RECONNAISSANCE OFFICE ‘‘SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAP-
‘‘(b) AUTHORITY TO SUPPORT COVERED AND THE SPACE FORCE. LAINS.
WORKFORCE ACTIVITIES.—Notwithstanding (a) DEFINITION OF APPROPRIATE COMMIT- ‘‘(a) ESTABLISHMENT OF CHAPLAIN CORPS.—
any other provision of law and subject to the TEES OF CONGRESS.—In this section, the term There is in the Agency a Chaplain Corps for
availability of appropriations made available ‘‘appropriate committees of Congress’’ the provision of spiritual or religious pas-
to the Director of National Intelligence for means— toral services.
covered workforce activities, the Director (1) the congressional intelligence commit- ‘‘(b) CHIEF OF CHAPLAINS.—The head of the
may, with or without reimbursement, sup- tees; and Chaplain Corps shall be the Chief of Chap-
port such covered workforce activities of the (2) the congressional defense committees lains, who shall be appointed by the Direc-
ctelli on DSK11ZRN23PROD with SENATE
various elements of the intelligence commu- (as defined in section 101(a) of title 10, United tor.
nity as the Director determines will benefit States Code). ‘‘(c) STAFF AND ADMINISTRATION.—
the intelligence community as a whole.’’. (b) ANNUAL REPORT.—Not later than 180 ‘‘(1) STAFF.—The Director may appoint and
(b) CLERICAL AMENDMENT.—The table of days after the date of the enactment of this fix the compensation of such staff of the
contents at the beginning of such Act is Act and not less frequently than once each Chaplain Corps as the Director considers ap-
amended by inserting after the item relating year thereafter for 5 years, the Secretary of propriate, except that the Director may
to section 1110 the following: the Air Force and the Director of National not—
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S8132 CONGRESSIONAL RECORD — SENATE November 15, 2021
‘‘(A) appoint more than 10 full-time equiva- mental Affairs of the Senate, the Committee (e) ADMINISTRATION.—
lent positions; or on Oversight and Reform of the House of (1) IN GENERAL.—In carrying out the pilot
‘‘(B) provide basic pay to any member of Representatives, and the Director of Na- program, the Assistant Secretary shall—
the staff of the Chaplain Corps at an annual tional Intelligence a report on the effective- (A) establish such requirements relating to
rate of basic pay in excess of the maximum ness of the pilot program and recommenda- the academic or specialized training of par-
rate of basic pay for grade GS–15 as provided tions on whether the pilot program should be ticipants as the Assistant Secretary con-
in section 5332 of title 5, United States Code. extended, modified, or ended.
siders appropriate to ensure that partici-
‘‘(2) ADMINISTRATION.—The Director may— (g) RECOMMENDATIONS OF DIRECTOR OF NA-
TIONAL INTELLIGENCE.—Not later than 3 years
pants are prepared for employment as intel-
‘‘(A) reimburse members of the staff of the ligence analysts; and
Chaplain Corps for work-related travel ex- after the date of the enactment of this Act,
the Director shall submit to the congres- (B) periodically review the areas of high
penses;
sional intelligence committees recommenda- demand for particular analytic or technical
‘‘(B) provide security clearances to such
tions as to— capabilities and determine which academic
members; and
‘‘(C) furnish such physical workspace at (1) which, if any, other elements of the in- areas of specialization may be most useful in
the headquarters building of the Agency as telligence community would benefit from a addressing that demand.
the Director considers appropriate.’’. program similar to the pilot program re- (2) USE OF EXISTING PROGRAMS.—The As-
quired by subsection (a); and sistant Secretary shall assess the feasibility
SEC. 314. PILOT PROGRAM ON RECRUITMENT
AND RETENTION IN OFFICE OF IN- (2) what, if any, modifications the Director and advisability of administering the pilot
TELLIGENCE AND ANALYSIS OF THE would recommend for such elements. program by leveraging student loan pro-
DEPARTMENT OF THE TREASURY. (h) RETENTION OF PRESCRIBED RATES OF
grams of the Department of the Treasury
(a) PILOT PROGRAM REQUIRED.—The Assist- PAY AFTER TERMINATION OF PILOT PRO-
that were in effect on the day before the date
ant Secretary for Intelligence and Analysis GRAM.—After the period set forth in sub-
section (b), the Assistant Secretary may con- of the enactment of this Act.
in the Department of the Treasury shall
carry out a pilot program to assess the feasi- tinue to pay a person, who received pay dur- (f) REPORTS.—
bility and advisability of using adjustments ing such period pursuant to a rate of basic (1) PRELIMINARY REPORT.—Not later than
of rates of pay to recruit and retain staff for pay prescribed under subsection (c), at a rate 120 days after the date of the enactment of
high-demand positions in the Office of Intel- of basic pay not to exceed the rate of basic this Act, the Assistant Secretary shall sub-
pay that was in effect for the person on the mit to Congress a preliminary report on the
ligence and Analysis of the Department of
day before the last day of such period, until pilot program, including a description of the
the Treasury.
(b) DURATION.—The Assistant Secretary such time as the applicable rate of basic pay
pilot program and the authorities to be uti-
shall carry out the pilot program required by for the person under the General Schedule
exceeds the rate of basic pay that was so in lized in carrying out the pilot program.
subsection (a) during the 4-year period begin- (2) ANNUAL REPORT.—
effect under subsection (c).
ning on the date of the enactment of this (A) IN GENERAL.—Not later than one year
SEC. 315. PILOT PROGRAM ON STUDENT LOAN
Act. REPAYMENT AT OFFICE OF INTEL- after the commencement of the pilot pro-
(c) ADDITIONAL PAY.—Under the pilot pro- LIGENCE AND ANALYSIS OF DEPART- gram and annually thereafter until the pro-
gram required by subsection (a), the Assist- MENT OF THE TREASURY. gram ends, the Assistant Secretary shall
ant Secretary shall, notwithstanding any (a) PILOT PROGRAM.— submit to the congressional intelligence
provision of title 5, United States Code, gov- (1) ESTABLISHMENT.—The Assistant Sec-
erning the rates of pay or classification of committees and the Director of National In-
retary for Intelligence and Analysis in the telligence a report on the pilot program.
employees in the executive branch, prescribe Department of the Treasury shall carry out
the rate of basic pay for financial and cyber (B) CONTENTS.—Each report submitted
a pilot program to assess the feasibility and
intelligence analyst positions designated under subparagraph (A) shall include—
advisability of using repayment of loans on
under subsection (d) at rates— behalf of persons that were used by the per- (i) a description of the activities under the
(1) not greater than 130 percent of the max- sons to finance education as a recruitment pilot program, including the number of indi-
imum basic rate of pay and locality pay that incentive for employment at the Office of In- viduals who participated in the pilot pro-
such positions would otherwise be eligible telligence and Analysis of China specialists, gram;
for; and data scientists, cyber specialists, and others (ii) an assessment of the effectiveness of
(2) not greater than the rate of basic pay with any other analytic or technical capa- the pilot program as a recruitment tool; and
payable for level II of the Executive Sched- bilities that are in high demand by the Of- (iii) such recommendations for legislative
ule under section 5313 of title 5, United fice. or administrative action as the Assistant
States Code. (b) LOAN REPAYMENTS.— Secretary considers appropriate in light of
(d) DESIGNATED POSITIONS.— (1) IN GENERAL.—Under the pilot program, the pilot program.
(1) IN GENERAL.—Except as provided in the Assistant Secretary may repay the prin- (3) RECOMMENDATIONS.—Not later than 2
paragraph (2), under the pilot program re- cipal, interest, and related expenses of a loan years after the commencement of the pilot
quired by subsection (a), the Assistant Sec- obtained by a covered person to finance edu- program, the Director of National Intel-
retary shall designate not fewer than 5 per- cation. ligence shall submit to the congressional in-
cent and not more than 25 percent of the (2) COVERED PERSONS.—For purposes of
total number of positions in the Office, in- telligence committees the recommendations
paragraph (1), a covered person is a person
cluding positions to be filled by new hires, as of the Director as to which, if any, other ele-
who agrees to an offer from the Assistant
financial or cyber intelligence analyst posi- ments of the intelligence community would
Secretary to participate in the pilot program
tions eligible for the additional pay under benefit from establishing a loan repayment
before beginning employment in the Office.
subsection (c). (3) LIMITATION ON TOTAL AMOUNT.—Under program similar to the pilot program re-
(2) CURRENT EMPLOYEES.—The Assistant the pilot program, the Assistant Secretary quired by subsection (a), and what, if any,
Secretary may designate under paragraph (1) may repay not more than $100,000 on behalf modifications the Director would rec-
a position filled by an employee who was em- of any one person. ommend to the program if it were estab-
ployed in that position on the day before the (4) LIMITATION ON ANNUAL AMOUNT OF PAY- lished.
date of the enactment of this Act only if the MENTS.—Under the pilot program, the Assist- (g) FUNDING.—Of the amounts authorized
employee was in the top one-third of per- ant Secretary may repay not more than to be appropriated by this Act, $1,300,000
formance rankings for the position within $15,000 on behalf of any one person in any one shall be available until expended to carry
the Office for the duration of the 2-year pe- fiscal year.
riod ending on the date of the enactment of out this section. Of such amounts—
(5) TIMING AND PERIOD OF PAYMENTS.—In re-
this Act. (1) $1,000,000 shall be available for repay-
paying a loan of a person under the pilot pro-
(e) BRIEFING ON THE PILOT PROGRAM.—Not ment of loans; and
gram, the Assistant Secretary shall make
later than 180 days after the date of the en- (2) $300,000 shall be available for a period of
payments—
actment of this Act and not less frequently (A) on a monthly basis; and 2 years during the pilot program to hire per-
than once each year thereafter for the dura- (B) only during the period beginning on the sonnel to administer the pilot program.
tion of the period set forth in subsection (b), date on which the person begins employment SEC. 316. PROHIBITION ON COLLECTION AND
the Assistant Secretary shall provide the with the Office and ending on the date on ANALYSIS OF UNITED STATES PER-
congressional intelligence committees and which the person leaves employment with SONS’ INFORMATION BY INTEL-
the Director of National Intelligence with a the Office. LIGENCE COMMUNITY BASED ON
briefing on the pilot program required by (c) DURATION.—The Assistant Secretary FIRST AMENDMENT-PROTECTED AC-
ctelli on DSK11ZRN23PROD with SENATE
subsection (a). shall carry out the pilot program during the TIVITIES.
(f) REPORT ON THE PILOT PROGRAM.—Not period of fiscal years 2022 through 2024.
later than 180 days before the last day of the No element of the intelligence community
(d) LIMITATION ON NUMBER OF PARTICI-
period set forth in subsection (b), the Assist- PANTS.—The total number of individuals re-
may collect or analyze a United States per-
ant Secretary shall submit to the congres- ceiving a loan repayment under the pilot son’s information solely upon the basis of an
sional intelligence committees, the Com- program during any fiscal year may not ex- activity protected by the First Amendment
mittee on Homeland Security and Govern- ceed 10. to the Constitution of the United States.
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8133
SEC. 317. SENSE OF THE SENATE ON THE USE OF General (or designee), procedural direction ‘‘(bb)(AA) obtains and follows from the Di-
INTELLIGENCE COMMUNITY RE- on how to contact an intelligence committee rector, through the Inspector General, proce-
SOURCES FOR COLLECTION, ASSESS-
or another committee of jurisdiction of the dural direction on how to contact a congres-
MENT, AND ANALYSIS OF INFORMA-
TION PERTAINING EXCLUSIVELY TO Senate or the House of Representatives in sional intelligence committee or another
UNITED STATES PERSONS ABSENT A accordance with appropriate security prac- committee of jurisdiction of the Senate or
FOREIGN NEXUS. tices; or the House of Representatives in accordance
It is the sense of the Senate that— ‘‘(II) obtains and follows such procedural with appropriate security practices; or
(1) the Federal Bureau of Investigation and direction from the applicable security officer ‘‘(BB) obtains and follows such procedural
the Department of Homeland Security do appointed under subsection (h). direction from the applicable security officer
vital work in enforcing the rule of law and ‘‘(B) If an employee seeks procedural direc- appointed under section 8H(h) of the Inspec-
safeguarding the people of the United States tion under subparagraph (A)(ii) and does not tor General Act of 1978 (5 U.S.C. App.).
from harm; receive such procedural direction within 30 ‘‘(II) If an employee seeks procedural direc-
(2) the Intelligence Reform and Terrorism days, or receives insufficient direction to re- tion under subclause (I)(bb) and does not re-
Prevention Act of 2004 (Public Law 108–458; port to Congress a complaint or information, ceive such procedural direction within 30
118 Stat. 3638) sought to facilitate greater in- the employee may contact an intelligence days, or receives insufficient direction to re-
formation sharing between law enforcement committee or any other committee of juris- port to Congress a complaint or information,
and intelligence communities for the pur- diction of the Senate or the House of Rep- the employee may contact a congressional
pose of thwarting attacks on the homeland resentatives directly without obtaining or intelligence committee or any other com-
from international terrorist organizations; following the procedural direction otherwise mittee of jurisdiction of the Senate or the
(3) National Intelligence Program funds required under such subparagraph.’’; and House of Representatives directly without
should be expended only in support of intel- (C) by redesignating paragraph (3) as para- obtaining or following the procedural direc-
ligence activities with a foreign nexus con- graph (4); and tion otherwise required under such sub-
sistent with the definition of intelligence (D) by inserting after paragraph (2) the fol- clause.’’;
provided by Congress in section 3 of the Na- lowing: (C) by redesignating clause (iii) as clause
tional Security Act of 1947 (50 U.S.C. 3003); ‘‘(3) An employee of an element of the in- (iv); and
and telligence community who intends to report (D) by inserting after clause (ii) the fol-
(4) the intelligence community should not to Congress a complaint or information may lowing:
engage in the collection, assessment, or report such complaint or information to the ‘‘(iii) An employee of an element of the in-
analysis of information that pertains exclu- Chairman and Vice Chairman or Chairman telligence community who intends to report
sively to United States persons absent a for- and Ranking Member of an intelligence com- to Congress a complaint or information may
eign nexus. mittee or another committee of jurisdiction report such complaint or information to the
of the Senate or the House of Representa- Chairman and Vice Chairman or Chairman
Subtitle B—Inspector General of the
tives, a nonpartisan member of the com- and Ranking Member of a congressional in-
Intelligence Community
mittee staff designated for purposes of re- telligence committee or another committee
SEC. 321. SUBMITTAL OF COMPLAINTS AND IN- ceiving complaints or information under this of jurisdiction of the Senate or the House of
FORMATION BY WHISTLEBLOWERS
IN THE INTELLIGENCE COMMUNITY
section, or a member of the majority staff Representatives, a nonpartisan member of
TO CONGRESS. and a member of the minority staff of the the committee staff designated for purposes
(a) AMENDMENTS TO INSPECTOR GENERAL committee.’’. of receiving complaints or information under
ACT OF 1978.— (3) CLARIFICATION OF RIGHT TO REPORT DI- this section, or a member of the majority
(1) APPOINTMENT OF SECURITY OFFICERS.— RECTLY TO CONGRESS.—Subsection (a) of such staff and a member of the minority staff of
Section 8H of the Inspector General Act of section is amended by adding at the end the the committee.’’.
1978 (5 U.S.C. App.) is amended— following: (3) CLARIFICATION OF RIGHT TO REPORT DI-
(A) by redesignating subsection (h) as sub- ‘‘(4) Subject to paragraphs (2) and (3) of RECTLY TO CONGRESS.—Subparagraph (A) of
section (i); and subsection (d), an employee of an element of such section is amended—
(B) by inserting after subsection (g) the the intelligence community who intends to (A) by inserting ‘‘(i)’’ before ‘‘An employee
following: report to Congress a complaint or informa- of’’; and
‘‘(h) APPOINTMENT OF SECURITY OFFICERS.— tion may report such complaint or informa- (B) by adding at the end the following:
Each Inspector General under this section, tion directly to Congress, regardless of ‘‘(ii) Subject to clauses (ii) and (iii) of sub-
including the designees of the Inspector Gen- whether the complaint or information is paragraph (D), an employee of an element of
eral of the Department of Defense pursuant with respect to an urgent concern— the intelligence community who intends to
to subsection (a)(3), shall appoint within ‘‘(A) in lieu of reporting such complaint or report to Congress a complaint or informa-
their offices security officers to provide, on a information under paragraph (1); or tion may report such complaint or informa-
permanent basis, confidential, security-re- ‘‘(B) in addition to reporting such com- tion directly to Congress, regardless of
lated guidance and direction to an employee plaint or information under paragraph (1).’’. whether the complaint or information is
of their respective establishment, an em- (b) AMENDMENTS TO NATIONAL SECURITY with respect to an urgent concern—
ployee assigned or detailed to such establish- ACT OF 1947.— ‘‘(A) in lieu of reporting such complaint or
ment, or an employee of a contractor of such (1) APPOINTMENT OF SECURITY OFFICERS.— information under clause (i); or
establishment who intends to report to Con- Section 103H(j) of the National Security Act ‘‘(B) in addition to reporting such com-
gress a complaint or information, so that of 1947 (50 U.S.C. 3033(j)) is amended by add- plaint or information under clause (i).’’.
such employee can obtain direction on how ing at the end the following: (c) AMENDMENTS TO THE CENTRAL INTEL-
to report to Congress in accordance with ap- ‘‘(5) The Inspector General shall appoint LIGENCE AGENCY ACT OF 1949.—
propriate security practices.’’. within the Office of the Inspector General se- (1) APPOINTMENT OF SECURITY OFFICERS.—
(2) PROCEDURES.—Subsection (d) of such curity officers as required by subsection (h) Section 17(d)(5) of the Central Intelligence
section is amended— of section 8H of the Inspector General Act of Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is
(A) in paragraph (1), by inserting ‘‘or any 1978 (5 U.S.C. App.).’’. amended by adding at the end the following:
other committee of jurisdiction of the Sen- (2) PROCEDURES.—Subparagraph (D) of sec- ‘‘(I) The Inspector General shall appoint
ate or the House of Representatives’’ after tion 103H(k)(5) of such Act (50 U.S.C. within the Office of the Inspector General se-
‘‘either or both of the intelligence commit- 3033(k)(5)) is amended— curity officers as required by subsection (h)
tees’’; (A) in clause (i), by inserting ‘‘or any other of section 8H of the Inspector General Act of
(B) by amending paragraph (2) to read as committee of jurisdiction of the Senate or 1978 (5 U.S.C. App.).’’.
follows: the House of Representatives’’ after ‘‘either (2) PROCEDURES.—Subparagraph (D) of such
‘‘(2)(A) Except as provided in subparagraph or both of the congressional intelligence section is amended—
(B), the employee may contact an intel- committees’’; (A) in clause (i), by inserting ‘‘or any other
ligence committee or another committee of (B) by amending clause (ii) to read as fol- committee of jurisdiction of the Senate or
jurisdiction directly as described in para- lows: the House of Representatives’’ after ‘‘either
graph (1) of this subsection or in subsection ‘‘(ii)(I) Except as provided in subclause (II), or both of the intelligence committees’’;
(a)(4) only if the employee— an employee may contact a congressional in- (B) by amending clause (ii) to read as fol-
‘‘(i) before making such a contact, fur- telligence committee or another committee lows:
nishes to the head of the establishment, of jurisdiction directly as described in clause ‘‘(ii)(I) Except as provided in subclause (II),
through the Inspector General (or designee), (i) only if the employee— an employee may contact an intelligence
a statement of the employee’s complaint or ‘‘(aa) before making such a contact, fur- committee or another committee of jurisdic-
ctelli on DSK11ZRN23PROD with SENATE
information and notice of the employee’s in- nishes to the Director, through the Inspector tion directly as described in clause (i) only if
tent to contact an intelligence committee or General, a statement of the employee’s com- the employee—
another committee of jurisdiction of the plaint or information and notice of the em- ‘‘(aa) before making such a contact, fur-
Senate or the House of Representatives di- ployee’s intent to contact a congressional in- nishes to the Director, through the Inspector
rectly; and telligence committee or another committee General, a statement of the employee’s com-
‘‘(ii)(I) obtains and follows from the head of jurisdiction of the Senate or the House of plaint or information and notice of the em-
of the establishment, through the Inspector Representatives directly; and ployee’s intent to contact an intelligence
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S8134 CONGRESSIONAL RECORD — SENATE November 15, 2021
committee or another committee of jurisdic- inserting the following: ‘‘of the Federal Gov- (C) in the matter before clause (I), as re-
tion of the Senate or the House of Represent- ernment that is— designated by subparagraph (B), by inserting
atives directly; and ‘‘(i) a matter of national security; and ‘‘(i)’’ before ‘‘In this’’; and
‘‘(bb)(AA) obtains and follows from the Di- ‘‘(ii) not a difference of opinion concerning (D) by adding at the end the following:
rector, through the Inspector General, proce- public policy matters.’’. ‘‘(ii) The Inspector General shall have sole
dural direction on how to contact an intel- (3) CENTRAL INTELLIGENCE AGENCY ACT OF authority to determine whether any com-
ligence committee or another committee of 1949.—Section 17(d)(5)(G)(i)(I) of the Central plaint or information reported to the Inspec-
jurisdiction of the Senate or the House of Intelligence Agency Act of 1949 (50 U.S.C. tor General is a matter of urgent concern
Representatives in accordance with appro- 3517(d)(5)(G)(i)(I)) is amended by striking under this paragraph.’’.
priate security practices; or ‘‘involving’’ and all that follows through SEC. 323. HARMONIZATION OF WHISTLEBLOWER
‘‘(BB) obtains and follows such procedural ‘‘policy matters.’’ and inserting the fol- PROTECTIONS.
direction from the applicable security officer lowing: ‘‘of the Federal Government that is— (a) PROHIBITED PERSONNEL PRACTICES IN
appointed under section 8H(h) of the Inspec- ‘‘(aa) a matter of national security; and THE INTELLIGENCE COMMUNITY.—
tor General Act of 1978 (5 U.S.C. App.). ‘‘(bb) not a difference of opinion con- (1) THREATS RELATING TO PERSONNEL AC-
‘‘(II) If an employee seeks procedural direc- cerning public policy matters.’’. TIONS.—
tion under subclause (I)(bb) and does not re- (b) AUTHORITY OF INSPECTORS GENERAL.— (A) AGENCY EMPLOYEES.—Section 1104(b) of
ceive such procedural direction within 30 (1) SCOPE OF AUTHORITY OF INSPECTOR GEN- the National Security Act of 1947 (50 U.S.C.
days, or receives insufficient direction to re- ERAL OF THE INTELLIGENCE COMMUNITY.—Sec- 3234(b)) is amended, in the matter preceding
port to Congress a complaint or information, tion 103H(k)(5) of the National Security Act paragraph (1), by inserting ‘‘, or threaten to
the employee may contact an intelligence of 1947 (50 U.S.C. 3033(k)(5)) is amended by take or fail to take,’’ after ‘‘take or fail to
committee or another committee of jurisdic- adding at the end the following: take’’.
tion of the Senate or the House of Represent- ‘‘(J) The Inspector General shall have au- (B) CONTRACTOR EMPLOYEES.—Section
atives directly without obtaining or fol- thority over any complaint or information 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)) is
lowing the procedural direction otherwise re- submitted to the Inspector General from an amended, in the matter preceding subpara-
quired under such subclause.’’; employee, detailee, or contractor, or former graph (A), by inserting ‘‘, or threaten to take
(C) by redesignating clause (iii) as clause employee, detailee, or contractor, of the in- or fail to take,’’ after ‘‘take or fail to take’’.
(iv); and telligence community.’’. (2) PROTECTION FOR CONTRACTOR EMPLOYEES
(D) by inserting after clause (ii) the fol- (2) AUTHORITY OF INSPECTOR GENERAL OF AGAINST REPRISAL FROM AGENCY EMPLOY-
lowing: THE INTELLIGENCE COMMUNITY TO DETERMINE EES.—Section 1104(c)(1) of such Act (50 U.S.C.
‘‘(iii) An employee of the Agency who in- MATTERS OF URGENT CONCERN.—Section 3234(c)(1)), as amended by paragraph (1)(B) of
tends to report to Congress a complaint or 103H(k)(5)(G) of such Act (50 U.S.C. this subsection, is further amended, in the
information may report such complaint or 3033(k)(5)(G)) is amended— matter preceding subparagraph (A), by in-
information to the Chairman and Vice Chair- (A) in clause (i), as amended by subsection serting ‘‘of an agency or’’ after ‘‘Any em-
man or Chairman and Ranking Member of an (a)(1), by resdesignating subclauses (I) and ployee’’.
intelligence committee or another com- (II) as items (aa) and (bb), respectively; (3) ENFORCEMENT.—Subsection (d) of sec-
mittee of jurisdiction of the Senate or the (B) by redesignating clauses (i), (ii), and tion 1104 of such Act (50 U.S.C. 3234) is
House of Representatives, a nonpartisan (iii) as subclauses (I), (II), and (III), respec- amended to read as follows:
member of the committee staff designated tively; ‘‘(d) ENFORCEMENT.—The President shall
for purposes of receiving complaints or infor- (C) in the matter before subclause (I), as provide for the enforcement of this section
mation under this section, or a member of redesignated by subparagraph (B), by insert- consistent, to the fullest extent possible,
the majority staff and a member of the mi- ing ‘‘(i)’’ before ‘‘In this’’; and with the policies and procedures used to ad-
nority staff of the committee.’’. (D) by adding at the end the following: judicate alleged violations of section
(3) CLARIFICATION OF RIGHT TO REPORT DI- ‘‘(ii) The Inspector General shall have sole 2302(b)(8) of title 5, United States Code.’’.
RECTLY TO CONGRESS.—Subparagraph (A) of authority to determine whether any com- (b) RETALIATORY REVOCATION OF SECURITY
such section is amended— plaint or information reported to the Inspec- CLEARANCES AND ACCESS DETERMINATIONS.—
(A) by inserting ‘‘(i)’’ before ‘‘An employee tor General is a matter of urgent concern (1) ENFORCEMENT.—Section 3001(j) of the
of’’; and under this paragraph.’’. Intelligence Reform and Terrorism Preven-
(B) by adding at the end the following: (3) AUTHORITY OF INSPECTORS GENERAL TO tion Act of 2004 (50 U.S.C. 3341(j)) is amend-
‘‘(ii) Subject to clauses (ii) and (iii) of sub- DETERMINE MATTERS OF URGENT CONCERN.— ed—
paragraph (D), an employee of the Agency Subsection (i) of section 8H of the Inspector (A) by redesignating paragraph (8) as para-
who intends to report to Congress a com- General Act of 1978 (5 U.S.C. App.), as redes- graph (9); and
plaint or information may report such com- ignated by section 321(a)(1)(A), is amended— (B) by inserting after paragraph (7) the fol-
plaint or information directly to Congress, (A) in paragraph (1)— lowing:
regardless of whether the complaint or infor- (i) in subparagraph (A), as amended by sub- ‘‘(8) ENFORCEMENT.—Except as otherwise
mation is with respect to an urgent con- section (a)(2), by redesignating clauses (i) provided in this subsection, the President
cern— and (ii) as subclauses (I) and (II), respec- shall provide for the enforcement of this sec-
‘‘(A) in lieu of reporting such complaint or tively; and tion consistent, to the fullest extent pos-
information under clause (i); or (ii) by redesignating paragraphs (A), (B), sible, with the policies and procedures used
‘‘(B) in addition to reporting such com- and (C) and clauses (i), (ii), and (iii), respec- to adjudicate alleged violations of section
plaint or information under clause (i).’’. tively; 2302(b)(8) of title 5, United States Code.’’.
(d) RULE OF CONSTRUCTION.—Nothing in (B) by redesignating paragraphs (1) and (2) (2) ELIMINATION OF DEADLINE FOR APPEAL OF
this section or an amendment made by this
as subparagraphs (A) and (B), respectively; PROHIBITED REPRISAL.—Section 3001(j)(4)(A)
section shall be construed to revoke or di-
(C) in the matter before subparagraph (A), of such Act (50 U.S.C. 3341(j)(4)(A)) is amend-
minish any right of an individual provided
as redesignated by subparagraph (B), by in- ed by striking ‘‘within 90 days’’.
by section 2303 of title 5, United States Code.
serting ‘‘(1)’’ before ‘‘In this’’; and (3) ELIMINATION OF CAP ON COMPENSATORY
SEC. 322. DEFINITIONS AND AUTHORITIES RE-
(D) by adding at the end the following: DAMAGES.—Section 3001(j)(4)(B) of such Act
GARDING WHISTLEBLOWER COM-
PLAINTS AND INFORMATION OF UR- ‘‘(2) The Inspector General shall have sole (50 U.S.C. 3341(j)(4)(B)) is amended, in the
GENT CONCERN RECEIVED BY IN- authority to determine whether any com- second sentence, by striking ‘‘not to exceed
SPECTORS GENERAL OF THE INTEL- plaint or information reported to the Inspec- $300,000’’.
LIGENCE COMMUNITY. tor General is a matter of urgent concern (4) ESTABLISHING PROCESS PARITY FOR AD-
(a) DEFINITION OF URGENT CONCERN.— under this section.’’. VERSE SECURITY CLEARANCE AND ACCESS DE-
(1) NATIONAL SECURITY ACT OF 1947.—Section (4) AUTHORITY OF INSPECTOR GENERAL OF TERMINATIONS.—Subparagraph (C) of section
103H(k)(5)(G)(i) of the National Security Act CENTRAL INTELLIGENCE AGENCY TO DETERMINE 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is
of 1947 (50 U.S.C. 3033(k)(5)(G)(i)) is amended MATTERS OF URGENT CONCERN.—Section amended to read as follows:
by striking ‘‘within the’’ and all that follows 17(d)(5)(G) of the Central Intelligence Agency ‘‘(C) BURDENS OF PROOF.—
through ‘‘policy matters.’’ and inserting the Act of 1949 (50 U.S.C. 3517(d)(5)(G)) is amend- ‘‘(i) IN GENERAL.—Subject to clause (iii), in
following: ‘‘of the Federal Government that ed— determining whether the adverse security
is— (A) in clause (i)— clearance or access determination violated
‘‘(I) a matter of national security; and (i) in subclause (I), as amended by sub- paragraph (1), the agency shall find that
‘‘(II) not a difference of opinion concerning section (a)(3), by redesignating items (aa) paragraph (1) was violated if the individual
ctelli on DSK11ZRN23PROD with SENATE
public policy matters.’’. and (bb) as subitems (AA) and (BB), respec- has demonstrated that a disclosure described
(2) INSPECTOR GENERAL ACT OF 1978.—Para- tively; and in paragraph (1) was a contributing factor in
graph (1)(A) of subsection (i) of section 8H of (ii) by redesignating subclauses (I), (II), the adverse security clearance or access de-
the Inspector General Act of 1978 (5 U.S.C. and (III) as items (aa), (bb), and (cc), respec- termination taken against the individual.
App.), as redesignated by section 321(a)(1)(A), tively; ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.—An indi-
is amended by striking ‘‘involving’’ and all (B) by redesignating clauses (i) and (ii) as vidual under clause (i) may demonstrate that
that follows through ‘‘policy matters.’’ and subclauses (I) and (II), respectively; and the disclosure was a contributing factor in
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November 15, 2021 CONGRESSIONAL RECORD — SENATE S8135
the adverse security clearance or access de- (B) in the matter preceding subparagraph nothing in subsection (b) or (c) shall be con-
termination taken against the individual (A), as redesignated and moved by subpara- strued to authorize—
through circumstantial evidence, such as graph (B) of this paragraph, by striking ‘‘for ‘‘(1) the withholding of information from
evidence that— a lawful disclosure’’ and inserting the fol- Congress; or
‘‘(I) the official making the determination lowing: ‘‘for— ‘‘(2) the taking of any personnel action
knew of the disclosure; and ‘‘(1) any lawful disclosure’’; and against an employee who lawfully discloses
‘‘(II) the determination occurred within a (C) by adding at the end the following: information to Congress.
period such that a reasonable person could ‘‘(2) any lawful disclosure that complies ‘‘(e) DISCLOSURES.—A disclosure shall not
conclude that the disclosure was a contrib- with— be excluded from this section because—
uting factor in the determination. ‘‘(A) subsections (a)(1), (d), and (g) of sec- ‘‘(1) the disclosure was made to an indi-
‘‘(iii) DEFENSE.—In determining whether tion 8H of the Inspector General Act of 1978 vidual, including a supervisor, who partici-
the adverse security clearance or access de- (5 U.S.C. App.); pated in an activity that the employee rea-
termination violated paragraph (1), the agen- ‘‘(B) subparagraphs (A), (D), and (H) of sec- sonably believed to be covered under sub-
cy shall not find that paragraph (1) was vio- tion 17(d)(5) of the Central Intelligence Agen- section (b)(1)(B) or the contractor employee
lated if, after a finding that a disclosure was cy Act of 1949 (50 U.S.C. 3517(d)(5)); or reasonably believed to be covered under sub-
a contributing factor, the agency dem- ‘‘(C) subparagraphs (A), (D), and (I) of sec- section (c)(1)(A)(ii);
onstrates by clear and convincing evidence tion 103H(k)(5); or ‘‘(2) the disclosure revealed information
that it would have made the same security ‘‘(3) if the actions do not result in the em- that had been previously disclosed;
clearance or access determination in the ab- ployee unlawfully disclosing information ‘‘(3) the disclosure was not made in writ-
sence of such disclosure.’’. specifically required by Executive order to ing;
(c) CORRECTION OF DEFINITION OF AGENCY.— be kept classified in the interest of national ‘‘(4) the disclosure was made while the em-
Section 3001(a)(1)(B) of the Intelligence Re- defense or the conduct of foreign affairs, any ployee was off duty;
form and Terrorism Prevention Act of 2004 lawful disclosure in conjunction with— ‘‘(5) of the amount of time which has
(50 U.S.C. 3341(a)(1)(B)) is amended by strik- ‘‘(A) the exercise of any appeal, complaint, passed since the occurrence of the events de-
ing ‘‘and’’ and inserting ‘‘or’’. or grievance right granted by any law, rule, scribed in the disclosure; or
(d) ESTABLISHING CONSISTENCY WITH RE- or regulation; ‘‘(6) the disclosure was made during the
SPECT TO PROTECTIONS FOR DISCLOSURES OF normal course of duties of an employee or
‘‘(B) testimony for or otherwise lawfully
MISMANAGEMENT.— contractor employee.’’.
assisting any individual in the exercise of
(1) SECURITY CLEARANCE AND ACCESS DETER- (h) CORRECTION RELATING TO NORMAL
any right referred to in subparagraph (A); or
MINATIONS.—Section 3001(j)(1) of the Intel- COURSE DISCLOSURES.—Section 3001(j)(3) of
‘‘(C) cooperation with or disclosing infor-
ligence Reform and Terrorism Prevention the Intelligence Reform and Terrorism Pre-
mation to the Inspector General of an agen-
Act of 2004 (50 U.S.C. 3341(j)(1)) is amended— vention Act of 2004 (50 U.S.C. 3341(j)(3)) is
cy, in accordance with applicable provisions
(A) in subparagraph (A)(ii), by striking amended—
of law in connection with an audit, inspec-
‘‘gross mismanagement’’ and inserting ‘‘mis- (1) by striking ‘‘DISCLOSURES.—’’ and all
tion, or investigation conducted by the In-
management’’; and that follows through ‘‘because—’’ and insert-
spector General.’’; and
(B) in subparagraph (B)(ii), by striking ing ‘‘DISCLOSURES.—A disclosure shall not be
(2) in subsection (c)(1), as amended by sub-
‘‘gross mismanagement’’ and inserting ‘‘mis- excluded from paragraph (1) because—’’;
sections (a) and (e)(1)(B)—
management’’. (2) by striking subparagraph (B);
(A) by redesignating subparagraphs (A) and
(2) PERSONNEL ACTIONS AGAINST CON- (3) by redesignating clauses (i) through (v)
(B) as clauses (i) and (ii), respectively, and
TRACTOR EMPLOYEES.—Section 1104(c)(1)(B) of as subparagraphs (A) through (E), respec-
moving such clauses, as so redesignated, 2
the National Security Act of 1947 (50 U.S.C. tively, and moving such subparagraphs, as so
ems to the right;
3234(c)(1)(B)) is amended by striking ‘‘gross redesignated, 2 ems to the left;
(B) in the matter preceding clause (i), as
mismanagement’’ and inserting ‘‘mis- (4) in subparagraph (D), as so redesignated,
redesignated and moved by subparagraph (B)
management’’. by striking ‘‘or’’ at the end;
of this paragraph, by striking ‘‘for a lawful
(e) PROTECTED DISCLOSURES TO SUPER- (5) in subparagraph (E), as redesignated by
VISORS.—
disclosure’’ and inserting the following:
‘‘for— paragraph (3), by striking the period at the
(1) PERSONNEL ACTIONS.— end and inserting ‘‘; or’’; and
(A) DISCLOSURES BY AGENCY EMPLOYEES TO ‘‘(A) any lawful disclosure’’; and
(C) by adding at the end the following: (6) by adding at the end the following:
SUPERVISORS.—Section 1104(b) of the Na- ‘‘(F) the disclosure was made during the
tional Security Act of 1947 (50 U.S.C. 3234(b)), ‘‘(B) any lawful disclosure that complies
with— normal course of duties of an employee.’’.
as amended by subsection (a)(1)(A), is further (i) CLARIFICATION RELATING TO RULE OF
amended, in the matter preceding paragraph ‘‘(i) subsections (a)(1), (d), and (g) of sec-
tion 8H of the Inspector General Act of 1978 CONSTRUCTION.—Section 3001(j)(2) of the In-
(1), by inserting ‘‘a supervisor in the employ- telligence Reform and Terrorism Prevention
ee’s direct chain of command, or a supervisor (5 U.S.C. App.);
‘‘(ii) subparagraphs (A), (D), and (H) of sec- Act of 2004 (50 U.S.C. 3341(j)(2)) is amended by
of the employing agency with responsibility inserting ‘‘or clearance action’’ after ‘‘per-
for the subject matter of the disclosure, up tion 17(d)(5) of the Central Intelligence Agen-
sonnel action’’.
to and including’’ before ‘‘the head of the cy Act of 1949 (50 U.S.C. 3517(d)(5)); or
(j) CLARIFICATION RELATING TO PROHIBITED
employing agency’’. ‘‘(iii) subparagraphs (A), (D), and (I) of sec-
PRACTICES.—
(B) DISCLOSURES BY CONTRACTOR EMPLOY- tion 103H(k)(5); or
(1) INTELLIGENCE REFORM AND TERRORISM
EES TO SUPERVISORS.—Section 1104(c)(1) of
‘‘(C) if the actions do not result in the con-
PREVENTION ACT OF 2004.—Section 3001(j)(1) of
such Act (50 U.S.C. 3234(c)(1)), as amended by tractor employee unlawfully disclosing in-
the Intelligence Reform and Terrorism Pre-
subsection (a), is further amended, in the formation specifically required by Executive
vention Act of 2004 (50 U.S.C. 3341(j)(1)), as
matter preceding subparagraph (A), by in- order to be kept classified in the interest of
amended by this section, is further amended
serting ‘‘a supervisor in the contractor em- national defense or the conduct of foreign af-
by striking ‘‘over’’ and inserting ‘‘to take,
ployee’s direct chain of command up to and fairs, any lawful disclosure in conjunction
materially impact, direct others to take,
including’’ before ‘‘the head of the con- with—
recommend, or approve’’.
tracting agency’’. ‘‘(i) the exercise of any appeal, complaint,
(2) NATIONAL SECURITY ACT OF 1947.—
(2) SECURITY CLEARANCE AND ACCESS DETER- or grievance right granted by any law, rule,
(A) AGENCY EMPLOYEES.—Section 1104(b) of
MINATIONS.—Section 3001(j)(1)(A) of the Intel-
or regulation;
the National Security Act of 1947 (50 U.S.C.
ligence Reform and Terrorism Prevention ‘‘(ii) testimony for or otherwise lawfully
3234(b)), as amended by this section, is fur-
Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amend- assisting any individual in the exercise of
ther amended by inserting ‘‘materially im-
ed, in the matter preceding clause (i), by in- any right referred to in clause (i); or
pact,’’ after ‘‘authority to take,’’
serting ‘‘a supervisor in the employee’s di- ‘‘(iii) cooperation with or disclosing infor-
(B) CONTRACTOR EMPLOYEES.—Section
rect chain of command, or a supervisor of mation to the Inspector General of an agen-
1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), as
the employing agency with responsibility for cy, in accordance with applicable provisions
amended by this section, is further amended
the subject matter of the disclosure, up to of law in connection with an audit, inspec-
by inserting ‘‘materially impact,’’ after ‘‘au-
and including’’ before ‘‘the head of the em- tion, or investigation conducted by the In-
thority to take,’’.
ploying agency’’. spector General.’’. (k) TECHNICAL CORRECTION.—Section
(f) ESTABLISHING PARITY FOR PROTECTED (g) CLARIFICATION RELATING TO PROTECTED 3001(j)(1)(C)(i) of the Intelligence Reform and
DISCLOSURES.—Section 1104 of the National DISCLOSURES.—Section 1104 of the National Terrorism Prevention Act of 2004 (50 U.S.C.
Security Act of 1947 (50 U.S.C. 3234) is amend- Security Act of 1947 (50 U.S.C. 3234) is amend- 3341(j)(1)(C)(i)) is amended by striking ‘‘(h)’’
ctelli on DSK11ZRN23PROD with SENATE
ed— ed— and inserting ‘‘(g)’’.
(1) in subsection (b), as amended by sub- (1) by redesignating subsections (d) and (e) (l) REPORT REQUIRED.—Not later than 180
sections (a)(1)(A) and (e)(1)(A)— as subsections (f) and (g), respectively; and days after the date of the enactment of this
(A) by redesignating paragraphs (1) and (2) (2) by inserting after subsection (c) the fol- Act, the Inspector General of the Intel-
as subparagraphs (A) and (B), respectively, lowing: ligence Community shall submit to the con-
and moving such subparagraphs, as so redes- ‘‘(d) RULE OF CONSTRUCTION.—Consistent gressional intelligence committees a report
ignated, 2 ems to the right; with the protection of sources and methods, assessing the extent to which protections
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