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Home Source documents Congressional Record, Senate, November 15, 2021 — Amendments to SA 3867 to H.R. 4350

Congressional Record, Senate, November 15, 2021 — Amendments to SA 3867 to H.R. 4350

Summary

Page S8117 of the Senate section of the Congressional Record for November 15, 2021, headed as amendments to SA 3867, in interleaved columns. Amendment text covers flight test notifications, including the status of a flight test as conducted-objectives achieved, not achieved, delayed or canceled, and submission in unclassified form with a possible classified annex. Other text supports research on perfluoroalkyl substances or polyfluoroalkyl substances and requires an interim report to the appropriate congressional committees. SA 4610 from Mr. Lee is also listed.

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Cite this document

“Congressional Record, Senate, November 15, 2021 — Amendments to SA 3867 to H.R. 4350.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-15-crec-2021-11-15-pt1-pgs8117-3-db28cabb74/, SHA-256 b4560e35c1d1b6eaec36d0afaa7acea715390582eeaff0b9cfde0251d6f00b56.

Full text

                                             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




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                                                (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-




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                                             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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